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When do the new laws enabling professional Architects/Engineers to issue CCC come into force?

The government approved the issuance of the CCC by professional Architects and Engineers from the 12^th April 2007.

What does this mean?

The CCC replaces the Certificate of Fitness For Occupation (CFO) previously issued by the local authority (PBT). The CCC is issued by the project’s Principal Submitting Person (PSP) who is either a Professional Architect, Professional Engineer or a Registered Building Draughtsman allowed by the Architects Act to issue a CCC for buildings not exceeding two storey and an area less than 300 square meters.

What is the reason for the government to implement this change?

It is the government’s view that CCC will cut down on red-tape and ensure that house buyers and building owners get to move in as quickly as possible without compromising their safety. This is consistent with the government’s desire to encourage self regulation, which was introduced in the National Economy Growth Planning strategy to continuously enhance the delivery system. Previously, a CFO is issued by the local authority after it has received Form E (UKBS) which is an application for the issuance of the CFO by the Submitting Person. Numerous hurdles stand in the way of the submission and receipt of the Form E by the PBT. The issuance of the CFO then poses many problems, such as delay in certification by technical agencies, additional conditions imposed by PBT at the time of CFO application and lack of technical officers to process the CFO. CCC will only address technical aspects and so far as these are complied with and there is no apparent threat to safety then it can be issued.

What then is the role of the PBT?

The PBT will receive, process and approve planning permission and building plans (under more efficient and expeditious regime of OSC launched on same date by the Hon. Prime Minister). They can also authorize site inspections on own initiative or acting on complaints to check the works in progress, issue a notice if there is a breach or divergence and failure to rectify it, issue a notice in writing to the PSP not to issue the CCC if breaches and divergence are not rectified, taking action to rectify any continuous breach or divergence including reporting to Professional Boards. The PSP can rectify changes or variations either by complying on site or in form of as-built drawings.

Can I issue CCC for projects with Building Plan approved before the 13^th April 2007?

No. CCC can only be issued for projects that have obtained their Building Plan approvals after the 13^th April 2007. This is because under the new CCC system, a responsibility process matrix is introduced. Each construction process needs to be verified by professionals and contractors or trade contractors. Twenty one certification forms need to be endorsed along the entire process. These are included as new Schedules (Form Gs) under the revised UKBS 1984 (Amendment) 2007 (Uniform Building By-Laws)

What must be done if I want a project that has already obtained building plan approval to come under CCC.

You have to re-submit for building plan approval under the new system again. Projects where works have commenced on site will not be able to use the new CCC system.

Can I issue the CCC if any or several of these Form Gs are not certified by the stated parties?

No. As the PSP you must ensure that these certification forms (Form Gs) are duly filled and certified as they form part of your CCC. It is advisable to ensure that CIDB registered contractors and licensed tradespeople (Electrician and Plumber) are informed of their obligations as early as possible from time of tender and award of works, and their respective certification is obtained immediately upon satisfactory completion of their scope of works. It is not prudent to leave all such certification to the end of the project or just when you are about ready to issue the CCC.

So what are the conditions or certification or clearances that you need before you can issue the CCC?

The project works need to be completed in accordance to the approved Building Plans (or subsequent revised approved building plans or as-built plans) and the PSP has supervised the works accordingly. All Form Gs duly filled and certified, clearances and or confirmation of supply/connection to six essential services departments – TNB (confirmation of electrical supply), water authorities (confirmation of water supply), JPP (confirmation of connection to sewerage treatment plant or mains), JKKP (clearance from lifts and machinery department – if applicable), Bomba (clearances for active fire fighting systems except for residential buildings not more than 18m high) and Roads & Drainage Department. With these the PSP can issue the CCC

What are the tasks required of Architects as the PSP?

The PSP’s tasks are to prepare and present planning and building plans to PBT for approval, informing PBT of the commencement of construction works on site, supervising construction works at the site and ensuring that the laws and technical conditions of the PBT are followed. Reporting building breaches, explaining reasons of breach and performing recovery actions in the event of breach during construction, presenting work-resumption notice to the PBT, Ensuring Form Gs are completed. Upon satisfactory completion of the works and obtaining clearances or confirmation from the six essential services departments, the CCC can be issued to owners and developers as well as presenting a copy to the PBT and the Professional Board.

There seems to be a lot more things that the PSP has to do.  Is there any change to the level of responsibility required of the PSP?

There is no change to the responsibility or liability on the PSP as under the old system the PSP was already fully liable and responsible for the entire project even though the PBT approved it and issues the CFO for it. There could be an increase in the tasks involved such as the need to compile the 21 certifications under the matrix of responsibility. However this process helps to identify and call to attention the various parties responsible in the complex delivery process of buildings today. The CIDB registered contractor and licensed specialist contractors will now be called upon to take responsibility for their portions of the works. There is however possible time saved from previously having to attend to the submitting of the Form E and applying for the CFO.

What other changes will CCC bring?

The CCC system also ensures that Vacant Possession (VP) can be issued together with CCC. This will overcome problems previously associated with CFO where home buyers receive the house keys (upon submission of Form E) but cannot move into the houses because the CFO has not been issued.

With the introduction of the matrix of responsibility (Form Gs), there will also be an improvement in the accountability and responsibility aspect as action can be taken on the responsible party in the event of failure or flaws in the building. Thus, work quality can improve.

Is there any change to the regulation of the PSPs?

We remind all professionals of their responsibility and role to protect the community and the profession. There is no reason for any professional to succumb to pressure by any party to flaunt the independent certifying role that has been entrusted to the profession. They must carry out their duties with due care and diligence and together with the other parties including fellow professionals and the registered contractors ensure that CCC works for the good of all. We also understand that there is great need to strengthen the professional’s ability to supervise works on site and are working with the Ministry of Works and the CIDB to upgrade and regulate the important role of site staff and Clerk of Works.

There are increased penalties for offences.
The amendment to the Street, Drainage and Building Act 1974 (Act133) – Penalty for the offence of not abiding by the orders of PBT is increased general penalty, and includes imprisonment for term not exceeding three years and a fine of up to RM10,000
Uniform Building By-Laws – The parties that issue Form Gs and CCC without complying to the provisions of the Acts can be sued and reported to the controlling professional bodies.
Architect Act 1967 (Act 117), Engineer Registration Act 1967 (Act 138) – stricter disciplinary action on professionals by increasing fines, extending the duration of membership suspension and cancellation of membership.

Does the Architect (PSP) need to certify for non-technical conditions in the issuance of CCC?

Non-technical conditions such as Bumiputra quota, contribution for TNB, etc, should not be certified by the PSP in the issuance of CCC and should be dealt separately between the state and the developer.

We have noticed that the Form Gs can be downloaded from PAM and LAM’s website, however, some of the Majlis has printed their own forms and Architects / Engineers are required to use these forms. Is it compulsory for the Architect / Engineer to use these forms?

The Form Gs are available and can be downloaded from PAM and LAM website. The Majlis should not make it compulsory for Architects / Engineers to purchase the Form Gs from the local authority as the forms are strictly to be issued by the PSP and the forms have nothing to do with the Majlis.

Please clarify if the CCC is now compulsory for all building submission to all Majlis as of 13 April 2007. MBPJ's OSC informed me that they are offering options to either submit building plans through the previous system of Borang E or through the new system of CCC as there are many architects who are not ready or unwilling to pursue submission via CCC, is this true?

Although the CCC was officially launched by the PM on 12th April 2007 and meant to be effective from the same date onwards, it is not the case.

The operation of CCC is contained in the Amended Uniform Building By-Law. While the Act (Streets, Building and Drainage Act) has come into force, UBBL is required to be gazetted by each state before CCC can be implemented. From our last check with the Ministry of Housing and Local Government a few weeks ago, only 4 states have gazetted the amendment. The implementation of CCC by the local authority will therefore vary.

However, it is the intention of the government for CCC to be implemented without delay. Once it is implemented, it is compulsory and the authority cannot have two systems running concurrently for new projects in which building plans are submitted after the date of implementation. The CF system is still applicable for building plans that were submitted prior to the implementation of CCC. For building plans that were approved earlier, but construction has not proceeded at the site, the Architect is then given a choice whether he would like to resubmit the plans under the new CCC system or to still opt for the CF system. if he opts for the CCC system, he has to withdraw his previous submission and submit the building plans again

Can the Architect issue CCC without electricity and water being connected but ready for connection? what is the definition of ready for connection? sometimes, the tnb cable has been laid but the substation has no transformer or not energised yet. does this consider as ready for connection? as for water, does it mean as long as there's water in the system, it's consider ready for connection?

Ready for connection for water means the external pipes have been laid, the internal plumbing works are completed and the water supply is already available and ready to be connected into the unit. The only item that is not required is the installation of the water meter. Electricity ready for connection means the electricity is available and ready to be connected into the unit/development. The sub-station must be energised and for it to be energised, the transformers, equipments etc must be installed. You just need to install the meter and the supply is connected into the unit. For CCC to be issued, the Principal submitting Person is also required to secure a copy of the letter from the relevant Water authority and TNB confirming that the supplies are ready to be connected

What are the clearance letter need to obtain in the form 13 to form 16? Surat sokongan for CCC or letter of approval plan only???

Form G13-15 requires clearances and not plans approval. Form G13 is confirmation from water authority that the water is ready for connection, Form G14 is confirmation from TNB that the electricity is ready for connection and Form G15 is confirmation from JPP/IWK on the sewerage reticulation.

How about the revised PAM contract which incorporated the CCC requirement? Any latest up date on this???

The PAM Contract 2006 is a standard building contract designed to be used by the Employer and the Contractor in the construction of building. It's provisions deal only with the respective contractual rights and obligations of these users and have nothing to do with the CCC which is a statutory matter. As such, the question of having to update this document to incorporate the CCC requirement does not arise.