Ingenieur Vol 78 ingenieur 2019 apr (2) | Page 64

INGENIEUR liabilities, including and not limited to criminal and statutory liabilities. The arduous and strict liabilities vested upon the PSP, residual powers of the local authorities, ambiguity in approach and the lack of effective check-and-balance mechanisms in the issuance of a CCC are the major flaws of the CCC regime. The present trend has also indicated that the CCC regime proves to be an implosion which I will deal with in detail in this report. The supporters of the CCC regime appear to have not scrutinised the liability issue in the haste to implement this method of a public delivery system. This could be due to sheer ignorance or inadvertence. This view is reinforced by the fact that the liability issue has not been substantially addressed but merely polished. It is fairly apparent that the individuals and bodies responsible for the implementation of the CCC system have been zealous in their approach. There are controversial areas of concern with regards to the professional liability of the CCC certifier when the entire delivery system is examined together with the amended relevant laws. Exponents and proponents of the system have, however, sold this system on the basis that the professionals carry the same liability as the previous CFO system. This view is a grave misconception. This report will further elucidate how the CCC regime works and its inadequacies. It is pertinent to note that all these gaps and more were underscored by an article I have written with Ir. Harbans Singh back in 2008 “The Certificate of Completion and Compliance (CCC) In the Building Industry -- Bugbear or Bunkum?” 2 . Issues regarding CFO Prior to the implementation of the CCC, the CFO used to be issued by the local authorities [See s 3, The Street, Drainage & Building Act 1974 (Act 133) and the Uniform Buildings By-Laws for definition of the CFO]. As mentioned above there were a 2 3 6 62 series of problems around the CFO issuance, largely due to the alleged unnecessary layers of bureaucracy in the certification process and the alleged rampant acts of gratifications in the local authorities 3 . It was a normal occurrence that many developers gave vacant possession without the CFO being issued. This caused considerable difficulties to house buyers for such vacant possession does not mean a beneficial takeover and the ability to use the relevant building lawfully. The situation was the same for the commercial buildings and industrial premises. Disgruntled purchasers complained to the Ministry of Housing & Local Government (MOHLG), other Governmental authorities, activist consumer and non-Governmental organisations such as the Consumer Association of Penang and Federation of Malaysian Consumers Associations (FOMCA) whenever there was delay or failure to issue a CFO by local authorities. In the main, most of these complaints were well grounded and not frivolous. CFO PROCEDURE The following are the brief steps that were involved in the CFO procedure: 1. Building Plan approval: Following the procurement of the Development Order (DO) approval, for buildings, the next approval under the CFO procedure in order of precedence was the Building Plan approval. 2. Plan submission by Qualified Person: The plans had to be endorsed by a Qualified Person (QP) for building plan approval. The endorser of the plan was responsible for the proper execution of the works until completion, unless he was removed and replaced with the consent of authority concerned. 3. Notification prior to commencement of work: Commencement of any work had to [2008] 1 MLJ 109 ‘Self-Certification versus private certification doctrines on the issuance of the Certificate of Completion and Compliance for buildings in Malaysia’ by Kamarudin Mohd Nor (2008), Journal of Building Appraisal (Vol. 4, No.2, pages 125-131). VOL 2019 VOL 78 55 APRIL-JUNE JUNE 2013