INGENIEUR
duties and responsibilities with attendant
sanctions which are heavier in nature and content
and could include custodial/penal sanctions in
certain instances. For example, Section 70(27)
SBDA (Amendment) Act 2007 provides for
imprisonment of up to 10 years where the PSP
permits a building to be occupied without a CCC.
Liability under SBDA (Amendment) Act 2007 - If
a person who is not the PSP issues a CCC; or if
the CCC is issued without all the relevant forms
prescribed by the by-laws made under the SBDA;
or issues a CCC in contravention of a direction
given by the LA to withhold such issuance pending
rectification of any non-compliance; knowingly
makes or produces or causes to be made any
false or fraudulent declaration, a certificate,
an application or representation of any form
prescribed in any by-laws made under the SBDA
knowing the declaration, certificate, application
or representation has been forged, altered or
counterfeited; or permits to be occupied any
building or any part of a building without a CCC
shall be liable or conviction to a fine not exceeding
RM250,000 or to imprisonment for a term not
exceeding ten years or both (see s 70(27)(a) to
(f), SBDA (Amendment) Act 2007). Both civil and
criminal liabilities run concurrently making this a
very severe liability for the PSP.
Liability under Uniform Building By-Laws
(Amendment) 2007 Act - Where the PSP who
fails to deposit a copy of the CCC or PCCC (as the
case may be) within the period stipulated in by-
law 25(3) with the LA and the Board of Architects,
Malaysia or Board of Engineers, Malaysia (as the
case may be); or fails to comply with the notice
issued by the LA in respect of the rectification of
any failure to the building or non-compliance with
the by-law 25(4), shall be guilty of an offence (see
By-law 28(1), UBBL (Amendment) 2007).
Liability under Housing Development (Control
and Licensing) Act - Various other legislations
have also been amended to impose increased
liabilities on the PSP. For instance, under Section
22F of the Housing Development (Control and
Licensing) Act 1966, any architect or engineer,
who issues a progress certification knowing
that the works therein referred to have not been
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completed in accordance with the provisions of the
Sale and Purchase agreement, shall be guilty of an
offence and shall on conviction be liable to a fine
which shall not be less than RM10,000 but shall
not exceed RM100,000.00, or to imprisonment for
a term not exceeding five years or both.
Liability under the various Disciplinary Boards -
In addition to all the statutory liabilities discussed
above, the PSP may also be subjected to disciplinary
action by the Board of Architects, Malaysia or the
Board of Engineers, Malaysia as the case may be
(see Section 17-19, the Architects (Amendment)
Act 2007). Should there be wrongful or negligent
or false certification by the PSP of the CCC or any
other disciplinary offence committed by the PSP in
the process of implementing the CCC procedure,
under the Architect's Act 1967 (Amendment)
Act 2007 or Registration of Engineer's Act 1967
(Amendment) Act 2007, these professional
bodies are empowered to investigate and take the
necessary disciplinary action against him.
Increase in the quantum of penalties - The
relevant regulatory bodies concerned can mete
out heavier penalties in the form of bigger fines,
longer periods of suspension of registration and
even custodial sentences (see Section 7A, 5(d), 24
and 25, Registration of Engineers (Amendment)
Act 2007). As part of the ‘self- policing’ or ‘self-
regulating’ obligation, these professional bodies
have been given more clout in the process
including sanctions they can mete out for
disciplinary breaches and offences committed
under the respective Acts by a professional such
as a PSP.
All these amended laws and by-laws have
left the PSP vulnerable to direct complaints
from interested and affected parties such as
purchasers, lenders and the like. To sum up,
the PSP holds civil liabilities, criminal liabilities,
statutory liabilities, professional liabilities and
liabilities under tort. This is in addition to the
fact that the other parties are involved in the
certification process like the contractor, sub-
contractor and consultants’ site supervisors.
It is also worth mentioning at this juncture, that
the protection of double jeopardy does not apply
to the PSP under his duties. Therefore, he holds
concurrent liability for all of the above. Also to be