4.
5.
6.
7.
8.
be immediately preceded by notifying the
relevant authority through the issuance
of the prescribed forms; failing this may
attract applicable sanctions.
Supervision: The QP was obligated to
supervise the work through the lifetime of
the project.
Authority Inspection: Upon completion
of the works, the relevant technical
agencies inclusive of the LA had to carry
their respective inspections. Having been
satisfied that the relevant conditions
of the plan approval had been met, the
completion certification was proceeded
with.
Certification by QP: The QP certified in
Form E that he had supervised the erection
of the building and that he accepted full
responsibility for those portions which he
was respectively concerned with.
Confirmation from LA: The vacant
possession of a dwelling was handed
over to a purchaser when all the above
conditions had been satisfied, and the LA
had issued the CFO.
Certificate of fitness and occupation: In
addition to the issuance of the full CFO, the
local authorities were empowered to issue
a Temporary Certificate for Occupation
(TCFO) and Partial Certificate for Occupation
(PCFO). As the name suggests these were
temporary certificates.
THE CCC REGIME
CCC is defined as the certificate given or granted
under any by-laws made under the Street,
Drainage & Building Act (SDBA) and is meant to
replace the previous Certificate of Fitness for
Occupation (CFO) issued by the local authorities
under SDBA. (see s 2(b), SDBA (Amendment) Act
2007). This has been in effect since April 12,
2007.
The initial steps of the approval process i.e.,
for Building Plan Approval, Earthworks Approval,
etc. are similar to the CFO regime, save for the
introduction of the term 'Principal Submitting
Person' (PSP). SDBA defines a PSP as a qualified
person who submits building plans to the LA for
approval and includes any other qualified persons
who takes over the duties and responsibilities of
or acts for the first mentioned qualified person
in particular circumstances as permitted by the
applicable by-laws. Effectively speaking, the PSP is
meant to be a Professional Architect, Professional
Engineer or Building Draughtsman.
Under the CCC system, the LAs may inspect
the building site at any time on their own initiative
or if they receive complaints. In the event of a
failure to comply with the approved plans, the Act
or by-laws in the erection and construction of the
building, the local authorities may issue to the PSP
the following:
a. a written notice requiring compliance within
a period specified in the notice, as the LA
thinks fit, in order that the non-compliance
be rectified; and
b. a directive in writing to withhold the
issuance of CCC until such non-compliance
has been rectified.
The LA may itself cause any work to be
executed or any measure to be taken if it considers
such work or measures necessary. Even though
the local authorities are vested with such umbrella
powers, these liabilities are meaningless. It is
the PSP who has to ensure that all the technical
conditions as imposed by the LA have been
complied with and if he fails to do so, severe
penalties can be imposed on him, as described in
detail below.
CHANGE IN LIABILITY
With the move towards self-certification, it is
inevitable that there is a parallel shift in liabilities
away from local authorities to the professionals, in
particular, the PSP. The bulk of the liability unfairly
falls on the PSP. A number of statutes have been
amended to increase the penalties to discourage
wrongful certification and to expressly prohibit
fraudulent certification by the PSP, making it much
more onerous on the professionals.
Here are a few pointers elucidating the
increased liability of the PSP under the current
regime:
Statutory Liabilities - With regard to his statutory
liability, the recent amendments to the relevant
laws and in particular the SDBA, impose additional
63