Fire Services Act 1988: What Building Owners Need to Know

If you own or manage a commercial building in Malaysia, the Fire Services Act 1988 sets out several duties that apply to you. This guide summarises the parts most relevant to day-to-day building management.

This article is a general guide, not legal advice.

What is the Fire Services Act 1988?

The Fire Services Act 1988, also known as Act 341, is “an Act to make necessary provision for the effective and efficient functioning of the Fire and Rescue Department” and “for the protection of persons and property from fire risks or emergencies” [1]. It sets out BOMBA’s powers and the Fire Certificate requirements for buildings.

Which premises need a Fire Certificate?

Section 28(1) states: “Every designated premises shall require a fire certificate” [1]. According to the Selangor Fire and Rescue Department, there are nine categories of buildings that require a Fire Certificate, including libraries, hospitals and nursing homes, hotels, hostels, offices, shops, factories, assembly areas and stores [2]. Whether a particular building is designated also depends on its size and use.

Two types of premises are exempt under Section 28(3): premises used solely or mainly for public religious worship, and a house occupied as a single private dwelling [1].

How long is a Fire Certificate valid?

Section 28(2) states: “A fire certificate shall be renewable annually” [1]. In practice, the certificate is valid for one year from the date it is issued [3]. See our guide: How to Apply for or Renew a Fire Certificate in Malaysia.

What must owners do before renovating?

Under Section 32(2), where the occupier of a designated premises proposes to make a material change to the premises, the occupier must give notice of the proposals to the Director General before the work begins [1]. A building with a Fire Certificate cannot be modified in a way that makes its existing fire protection system inadequate [3].

What counts as a fire hazard under the Act?

The Act’s definition of a fire hazard includes fire-fighting equipment or a fire safety installation that is “not in efficient working order” [1]. The Director General may serve a fire-hazard abatement notice on the owner or occupier, requiring work to remove the hazard and prevent it from recurring, and failing to comply with the notice is an offence [1].

What happens if a building has no valid Fire Certificate?

Under Section 33, using a designated premises without a Fire Certificate can lead to a fine not exceeding RM50,000, imprisonment for a term not exceeding five years, or both [1]. JBPM’s deputy director-general has confirmed these penalties apply once full enforcement begins [5].

What is changing with Fire Certificate enforcement?

JBPM announced that full enforcement of the Fire Certificate requirement for designated premises would begin in early 2026, after a period focused on educating owners through seminars and training [5]. According to JBPM, 9,321 premises across Malaysia require a Fire Certificate, of which 5,881 had been certified at the time of the announcement, with Johor having the most designated premises at 2,288 [5].

JBPM also requires self-regulation through a Fire Safety Organisation (Organisasi Keselamatan Kebakaran, OKK) at each premises. Each OKK must include one Fire Safety Manager and three Fire Safety Officers, and premises without an OKK will be denied Fire Certificate approval [5].

Can a refused Fire Certificate be appealed?

Yes. Under Section 34, an appeal can be made in writing within 21 days of being notified of the refusal [1].

How is compliance checked in practice?

Holding a certificate is not the end of the process. In April 2024, the Selangor Fire and Rescue Department reported that about 10% of some 1,900 premises with a Fire Certificate in Selangor did not meet the requirements of their certificate, including by not carrying out fire drills and by breaking building renovation standards [2]. The department stated that fire drills should be conducted at least once a year, and that each building’s safety system must always be in perfect condition and functioning properly [2].

Frequently asked questions