Ingenieur Vol 78 ingenieur 2019 apr (2) | Page 65

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