Bird-cage rooms and rooftop dorms expose Malaysia’s migrant housing enforcement gaps

KUALA LUMPUR, Aug 28 — From the outside, the 800-square-foot apartment unit looks no different from any other. Yet, what would normally be considered adequate accommodation for a family of five is home to 15 migrant workers.

Some employers are known to rent vacant flats, apartments or houses for their foreign workers, cramming as many of them as possible into each unit simply to cut costs, while failing to provide even basic amenities, including mattresses and kitchen equipment.

There are also landlords and property owners who modify the interiors of their units by either constructing dozens of tiny rooms or installing partitions to create cubicles for their tenants, most of whom are foreign workers.

Some have also resorted to constructing makeshift rooms, where space permits, on the rooftops of shop lots to accommodate foreign workers, particularly those employed in restaurants and supermarkets, and as general workers.

Workers from Myanmar, Vietnam and Cambodia interviewed by Bernama said they did not mind living under such conditions.

“I have to wake up as early as 3am to prepare the raw ingredients in the kitchen before the restaurant opens at 6am,” said Chin (not his real name), a Cambodian national working as a restaurant assistant in Puchong, Selangor.

“At night, after business operations end at 8pm, I have to clean the restaurant… my work only finishes at around 10pm. So, living upstairs makes things easier for me.”

The “hostel” he stays in is located on one of the upper floors of the building that houses the restaurant where he works. It has two rooms, with four male workers sharing one and four female employees the other, along with a bathroom and toilet.

“Originally, there was only one room, but the shop owner installed a partition to turn it into two rooms... we sleep on mattresses on the floor,” he said.

Rooms resembling bird cage pose safety risks

The trend of modifying apartments, shop lots and houses by installing partitions to create tiny cubicles — often metaphorically described as a bird’s cage, bird’s nest or grave — is worrying due to the serious safety risks involved.   

The Ministry of Housing and Local Government has previously issued stern warnings to house and premises owners engaging in such practices.

Despite the enforcement of amendments to the Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 (Act 446) since 2020, which requires employers to provide their workers with comfortable accommodation and basic amenities, Bernama was informed by various stakeholders that the practice of cramming as many migrant workers as possible into cramped, modified residential units remains widespread.

Commenting on this, senior lecturer in real estate at the Faculty of Built Environment, Universiti Teknologi MARA (UiTM) Shah Alam, Muhammad Azwan Sulaiman, said arbitrary modifications to premises could compromise occupants’ safety.

“From a technical and building safety perspective, having overly crowded rooms within a residential unit or premises can pose a serious fire risk.

“The problem is compounded by inadequate ventilation and lighting, turning such homes into potential death traps because, in the event of a fire, thick smoke can be more dangerous than the flames themselves, especially when occupants struggle to identify escape routes in an already congested space,” he told Bernama.

Muhammad Azwan said from an engineering perspective, the additional load arising from excessive numbers of occupants, furniture and electrical equipment could have long-term implications for the structural integrity and utility systems of buildings.

“Furthermore, electricity and water usage exceeding the building’s original design capacity not only increases the risk of electrical wiring-related hazards but can also shorten the building’s lifespan and increase maintenance costs,” he said, adding that the main problem with the practice of subdividing rooms is not the use of partitions but when the return on investment begins to take precedence over habitability and human lives.

Need for clear guidelines

Muhammad Azwan also proposed that the authorities establish clearer guidelines on the types of internal modifications permitted in stratified properties, particularly when such alterations involve the building’s basic structure or common property.

“The aim is not to prevent homeowners from carrying out renovations, but rather to reduce the risk of outset modifications.

“Good design at the planning stage can reduce unauthorised alterations, safety risks and disputes between occupants and management bodies,” he said.

He added that although Malaysia has various legal and regulatory frameworks governing worker accommodation, buildings and strata properties, one of the challenges is that supervisory and enforcement responsibilities fall under the jurisdiction of various agencies.

“This can create gaps in monitoring, particularly when a residential unit gradually becomes a high-density workers’ accommodation facility without obtaining the necessary approvals.

“Therefore, stronger inter-agency coordination, more effective monitoring and consistent enforcement are more important than simply introducing another new law,” he said.

Local authorities must act

While the government’s People’s Housing Projects (PPR) and public housing schemes intended for low-income Malaysians were previously targeted by employers seeking to house their workers, their attention has now shifted to medium-cost apartments and the upper floors of shop lots.

On Aug 3, local media reported that since 2023, 502 premises nationwide had been identified as having been extensively modified to create rental rooms, dubbed “bird’s nests”, that posed a high safety risk, particularly in the event of fire.

Fire and Rescue Department of Malaysia director-general Datuk Seri Nor Hisham Mohammad was reported as saying that this practice was prevalent in major urban areas in Selangor, Penang and Johor, as well as Kuala Lumpur, due to the high demand for affordable accommodation among workers, students and middle-income groups.

Several integrated operations known as “Op Sarang Burung” conducted in the capital in June and Johor in July also found employers converting part of shop lot rooftops into hostels for foreign workers without approval from the authorities.

The operations in Kuala Lumpur were carried out by the Kuala Lumpur Fire and Rescue Department in collaboration with Kuala Lumpur City Hall (DBKL) and the police.

Minister in the Prime Minister’s Department (Federal Territories) Hannah Yeoh told Bernama in an interview that enforcement operations against residential units and premises illegally converted into rental rooms or hostels for foreign workers should be conducted regularly to ensure compliance with the law.

She said all local authorities should take the responsibility seriously, while close monitoring of enforcement personnel is also necessary to prevent abuse of power in the course of their duties.

“(In Kuala Lumpur) We need coordination among DBKL and the relevant enforcement agencies to ensure employers provide legal and suitable accommodation for their workers, while residential units under public housing schemes such as PPR remain available to families who are genuinely eligible and in need,” she said.

Comply with uniform building by-laws

Meanwhile, Ampang Jaya Municipal Council (MPAJ) deputy president Hasrolnizam Shaari told Bernama that safety aspects are always given priority before the council approves applications and renovation plans submitted by owners of business premises and residential properties.

He said any renovation that alters the layout, use of space or actual occupancy capacity would be assessed based on the Uniform Building By-Laws and the requirements of all local authorities, including MPAJ.

“We have demolished additional structures deemed to be highly risky as they could endanger occupants and the surrounding community because they might obstruct emergency access for fire engines and ambulances, besides causing disputes among residents.

“For structures that do not pose an immediate risk, we will continue to monitor them and take further action if they pose a threat to safety,” he added.

He said stubborn residential property owners who continue to carry out renovation and construction works without the approval of the local authority can be fined up to RM25,000 under Section 70(11) of the Street, Drainage and Building Act 1974 (Act 133), while the court can order the local authority to alter or demolish the building.

Section 70(13)(d) of Act 133 further stipulates that any party who fails to comply with a lawful written order or directive issued by the local authority, or any limit or condition imposed by the local authority on renovation works, may be fined up to RM50,000, imprisoned for up to three years, or both.

He said MPAJ also adopts an integrated enforcement approach with other agencies, including the Immigration Department, police, State Health Department and the National Anti-Drugs Agency.

“Sometimes, a house has only one front door, but there are many occupants, both male and female, inside, with the space inside partitioned. So, we use an integrated enforcement approach to monitor and manage such situations,” he said.

Hasrolnizam said a slightly different approach is taken for renovations involving commercial premises, such as shop lots, as these properties are used for business activities.

“If the owner of a commercial lot wants to build seven or eight rooms, the application can be considered from a physical standpoint, but every room must have adequate lighting, ventilation and safety features, particularly in the event of a fire.

“They must first demonstrate that the design is acceptable and can be approved, and then obtain the necessary licence.

“However, if a business premises is found to be operating as a hostel without approval, it constitutes an offence and action can be taken,” he said. — Bernama