hda roles responsibility arch pam csa 20140906

8/10/2019 HDA Roles Responsibility Arch PAM Csa 20140906

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Pertubuhan Akitek Malaysia

HOUSING DEVELOPMENT ACT 1966Roles & Responsibilities of ArchitectsPertubuhan Akitek Malaysia CPD Seminar

6 September 2014. PAM Centre. Jalan Tuanku Abdul Rahman. Kuala Lumpur

Ar Chan Seong AunM Arch (Distinction), B Arch (Hons), B Bdg Sc (VUW, NZ), FPAM, Miid, AuIA(Hon)

PAM President 2013-15

1


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Architects Roles & Responsibility under HDA

1. Malaysian Housing Laws

2. Preliminary Design & Planning Approval

3. Design Development & Contract Documentation

4. Construction & Stage Certification5. Completion & Issuance of CCC

6. Defects Liability Period

7. CMGD & Final Accounts

8. Factors for Successful Housing Projects

2Pertubuhan Akitek Malaysia


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HOUSING LAWS



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Laws Controlling the HousingDevelopment Process

National Land Code (Act 56) 1965

Town & Country Planning Act

Drainage Works Act (Act 354), (Revised 1988), 1954

Sewerage Services Act

Street, Drainage & Building Act (Act 133), 1974

Uniform Building By-Laws 1984



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Part I defines what is housing development more than 4 lots

Part II requires Developers to be licensed and minimum paid up capitalPart III defines the basic duties of a housing developer including the opening andmaintenance of the Housing Development Account

Part IV Investigation and enforcement

Part V Powers of Minister to give directions to safeguard the interest of purchasers

Section 13A Controller to report the conduct of and Architect or Engineer

Part VI Tribunal for Home Buyers Claims

Part VII Miscellaneous covers fines for offences and liability of directors, managersand other officers

Section 24 empowers the Minister to make regulations

Principal HDA 1966



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Laws West Malaysia Sarawak

Main Housing Acts Housing DevelopmentAct 1966

Housing DevelopersOrdinance 1993

Definition of HousingDevelopment

More than 4 unitsRM 300,000 paid-upSEDC included

More than 8 unitsRM 100,000 paid-upSEDC NOT included

Housing Developer

Regulation

Housing Developer

Regulation 1989.

Housing Developer

Regulation 1998

Housing Accounts Housing DeveloperAccount Regulation1991ALL monies to bedeposited for ALLprojects

Housing Controller todirect opening of HDAaccount if Developerlikely to fall intodifficulties.

Housing Tribunal Tribunal for HouseBuyers Regulation 2002

Housing Developer(Tribunal for Housing

Purchaser Claims)Regulation 2010

Key Differences in Housing ActsWest Malaysia & Sarawak



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Housing DevelopmentAct 1966

Housing Dev

Account Reg 1991

Tribunal for

House Buyers

Reg 2002

Strata Titles Act1985

Housing Dev

Regulation

1989

Strata Titles Act

2007



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Regulation 11 standard contract of sale required that the StandardSales and Purchase Agreement (Schedule G & H) must be used.

Schedule-G Standard Sale and Purchase Agreement for land and

buildingClause 4 Schedule of Payment

Part 1 Installment payments in the time and manner set out in ThirdSchedule of the SPA

Part 2 Notice to purchaser supported by certificate signed by vendorsArchitect or Engineer and this shall be sufficient proof of completion

Clause 13 Position and area of the lot

Part 2 states Vendor may claim up to maximum 2% deviations.

Part 4 No alterations are allowed

Clause 14 Materials and workmanship to conform to description

Building to be constructed in a good workmanlike manner

Housing Development Regulations 1989



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Clause 15 Restriction against variation by purchaser.

Until after CCC/CFO

Clause 16 Restriction against change of colour schemeClause 21 Compliance with written laws.

Architect has to ensure compliance with UBBL and Street DrainageBuilding Act

Clause 19 New laws affecting housing developmentDeveloper to absorb any additional costs

Clause 19 Time for handing over of vacant possession

24 months for landed property

Clause 21 Manner of delivery of vacant possession

Clause 20 Defects liability period

24 months from date of handing over vacant possession.




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Note

Building description as set out in Fourth Schedule - the

specifications of finishes, fixtures and fittingsApproved building plans as in Second Schedule Keydocument is the approved building plans. Latest Ministry of

Housing directive to include Plans from Oct 2014

No changes or deviations without the written consent ofthe purchaser except as required by appropriate authority

If changes or deviations involve the substitution or use of

cheaper materials or omission of works, purchaser isentitled to corresponding reduction in price or damages




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Laws West Malaysia Sarawak

Schedules of paymentsaccording to ThirdSchedule

Schedule-G StandardSale and PurchaseAgreement for land and

building

Form-G Standard Saleand Purchase Agreement( Land and Building)

Schedule-H Standard

S&P Agreement for

subdivided buildings

Schedule-H Standard

S&P Agreement

(subdivided buildings)

Force Majeure Clause 32 had excludedclaims by Developers fordelay by others

Part 18. Force Majeure

Defects Liability Period Clause 20 DLP 24

months

Part 21 Defects Liability

Period 12 monthsNew Housing Laws Clause 19 New laws

affecting housing

development.

Developer to absorb any

additional costs

No similar clause

Key Differences in Housing Developer RegulationWest Malaysia & Sarawak



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Further References

Copies of the Housing Development (Control & Licensing ) Actscan be found at the following websites

www.rehda.org.my

www.hba.org.my

Relevant Lembaga Arkitek Malaysia circulars:

General Circular 1/2008 (CCC)

General Circular 1/2010 (Borang-F1)General Circular 3/2008 (Stage Cert Guide AFTER 1-12-07)



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Major amendments to the Act on1st December 2002

Section 2(1)(a) Includes cooperative societies such as PKNS, etc

Section 8A Statutory Termination of S&P Agreement Works notstarted after 6 months & >75% Purchasers agree to terminate

Section 13A Controller can report unsatisfactory conduct ofArchitect or Engineer directly to their respective Boards

Section 16(a) 16(I) Tribunal for House buyers Claims Claims upto RM 25,000. Decision of Tribunal to be final. Criminal penalty forfailure to comply

Third Schedule Stage 2(f) changed to 2(f), (g),(h) for sewerage,drains and roads.



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Core Reasons These LawsWere Passed.

The key reason for the Housing

Developers Licensing Act is to protectthe rights of the purchaser.

The key objective of the Uniform Buildingby-Laws is the protection of publicsafety and health.



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Overview of the Housing Process

One Stop Submission & Approval - OSC Four Stage Process Conversion & Sub-Division Planning approval Building Plan approval Issuance of CCC

More than 12 laws 8 Approving Authorities



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Pertubuhan Akitek Malaysia 20

OSC3-6PROCESSES


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COMMITTEE MEMBERS OF THE OSCCHAIRMAN : MAYOR / YDPSECRETARY : OSC DIRECTOR / PLANNERMEMBERS AS BELOW

1. Deputy Mayor

2. Four Ordinary Members of the Council

3. Director of State Urban and Town Planning

4. Director of Mineral and Land

5. Land Administrator

6. Director of Public Works

7. Director of Department of Drainage and Irrigation

8. Director of Department of Environment

9. Director of Department of Fire Fighter and Life Saving



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10. Director of Department of Sewage Services

11. Manager of Tenaga Nasional Berhad

12. Manager of Telekom Malaysia Berhad

13. Manager of Department of Planning 14. Manager of Department of Building

15. Manager of Department of Engineering

16. Manager of Department of Landscape

17. Manager of Department of Health

18. Technical Departments that are related are invited



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Pertubuhan Akitek Malaysia 23Pertubuhan Akitek Malaysia


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NATIONAL PHYSICAL PLAN & CENTRAL FOREST SPINE



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LOSS OF FOREST RESERVE 1954-2000

Forest reserve reduced from 90% to 45%

FRAGMATATION & LOSS OF BIODIVERSITY 25Pertubuhan Akitek Malaysia


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ALLOW FOR RAPARIAN RIVER RESERVE



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ALLOW FOR RAPARIAN RIVER RESERVE



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Key concerns for Architects for PD

Write out a proper DESIGN BRIEF and get it signed

off Get Developer to sign off each stage of works. Use

ISO9001 evaluation form to reduce re-drawing. Donot start on Working Drawings until PreliminaryDesigns are signed off.

Agree with the Developer on the stages of thedevelopment and have it clearly zoned in the

Layout Plan as it will affect the CCC issuance



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DESIGN DEVELOPEMNTCONTRACT DOCUMENTATION



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Factors Affecting Quality of Construction

DESIGN 50%

CONSTRUCTION (Workmanship) 40%

MATERIALS (Product Failure) 10%

Building Research Establishment (BRE) UK

Poor Workmanship due to :

Lack of thoroughness 76%

Lack of Site Experience 15%

Lack of Trade Skills 5%

Lack of relevant Knowledge 4%

FUNCTIONALITY

AESTETICS

COST

TIME33Pertubuhan Akitek Malaysia


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Checking Architectural Drawings

Incomplete and insufficient drawings

Insufficient and unclear details and drawings. Insufficientdimensions. Have to scale off plans.

Plans, sections and elevations are not coordinatedLack of coordination between drawings from differentconsultants and different elements of the design

Poor build ability - difficulty in constructing to design. Too

many transfer beams. Not possible to finish off certain details.Not adopting modular coordination. Direct conversions fromFeet and inches to metric.

A comprehensive drawing checklist ensures nothing is left to theimagination of the Contractor. Using BIM will overcome many ofthe above problems



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Why the need for Quality Benchmark?

High

Low

Home Buyer vs Developer Objectives & Perceptions

Home Buyer

perceived

Lowest level ofquality

Developer perceived

Highest level of quality

Buildin

gQuality

The PerceptionGap



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Benchmarking Quality in Specifications

Internal Finishes contains detail schedules of each andevery surface finish

External Finishes - ditto

Sanitary ware list every item and numbers involved

Tap Fittings - ditto

Ironmongery ditto

Signage

Letter boxes Description and drawings for apartmentprojects

Clear specifications reduces the risk for the Contractor and

benchmarks clearly the standard to be achieved by thecontractor



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Impact of Minimum Benchmarked

Standards on Quality

High High

Low Low

Specification

Contractor 1

Contractor 1

Contractor 2

Contractor 3

Contractor 4

Contractor 2

Contractor 3

Contractor 4

Buildin

gQuality



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Benchmarking Quality of Construction

Standard quality assessment system tobenchmark quality of construction projects.

Measure quality of constructed works againstworkmanship standards and specification.

Improve the quality standards of the

construction industry.

CONQUAS 21

QLASSIC



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QLASSICAmendment 2014


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Measures WORKMANSHIP standards

DESIGN & MATERIALS QUALITY are NOT measured

Based on First Time Right approach

uses a sampling approach to suitably represent the whole project.Typically 1 in 4 units inspected

assessment is done throughout the construction process forStructural and M&E works

on the completed building for Architectural worksA high Score means a building with good quality workmanship

A score of 75 for example, means that 25% of the items assesseddid not meet the workmanship requirements

Hence using expensive materials does not necessarily meanhigher QLASSIC score if the workmanship is poor.

QLASSIC assessment by CIDB Assessors

What does QLASSIC measure?



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Tolerances for Architectural WorksELEMENT STANDARDS TOLERANCE SOURCE

Finished concrete

All surfaces should not have cracks Max 0.3 mm QLASSIC

All cross-section dimensions mustconform to structural drawings

10 mm QLASSIC

CONQUAS

Openings for services must conform to

specified size and location

Size 10 mm

Location25 mm

QLASSIC

Structural column vertical alignment 3mm/1m

max 20mm

QLASSIC

Structural slab horizontal alignment 10mm QLASSIC

Cast in place concrete elements 10mm QLASSIC

Minimum finished concrete cover 3mm QLASSIC



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Tolerances

ISO4463



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Improving Quality of Architectural Elements

TENDER & CONSTRUCTION STAGE

Change Procurement away from Award to Lowest CostShowroom & Sample Units as Quality BenchmarkMaterials Sample ApprovalInspection Checklist for Clerk-of-WorksIndustrialized Building Systems

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Procurement Models for Quality


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High

Low

Buildin

gQuality

Competition / Value High

III

Negotiated Bid

High Quality

Perceived High Price

II

Best-Value Performance

Based Contract Award

Benchmarked Based

Control

IV

Low Competition

Low QualityUnstable

I

Open Bid

Lowest Price Based AwardsSpec Based Control

45



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II

I WIN

YOU WIN

IV

I LOSEYOU LOSE

I

I WINYOU LOSE

SELF RESPECT

RESPECTfor

OTHERS

III

I LOSE

YOU WIN

Q yParallels with the WIN-WIN Model

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Inspection Checklist for Clerk of Works


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p

A comprehensive QCchecklist ensures worksa properly completed forevery stage of works.

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What is BIM anyway?BUILDING INFORMATION MODELLING

Ar Chan Seong Aun.President PAM


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Key concerns for Architects for DD

Check detail drawings for the followingcompliances: (1) Design Brief (2) By-Law & Legal

Use an electronic plan checker if available. Start touse BIM Building Information Modelling toincrease productivity & reduce drawing errors

Agree with the developer on the quality targets andinclude QLASSIC if possible.

Agree with the Developer on the sub-phases of the

development and have it clearly zoned in theBuilding Site Plan as it will affect the CCC issuance.



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CONSTRUCTIONSTAGE CERTIFICATION



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Preparing for Certification

Check to whether the project has been issued aDeveloper License.

Check the details of the S&P Agreements to ensurecompliance with approved building plans andcontract documents, especially dimensions, floor

areas and description of finishes.

Check against Lembaga Arkitek Malaysia Circular3/2008



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STAGE WORKS TO BE WORKS NEED NOT BE


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STAGE WORKS TO BE

COMPLETED

WORKS NEED NOT BE

COMPLETED

2(b) TheReinforcedconcrete

framework of thesaid building

15%

All Primary RCstructural elements abovelowest floor level

Beams, Columns &suspended slabsRoof BeamsStructural wallsRetaining walls formingpart of the structure

Non-structural groundfloor slabs w or w/o BRCStiffeners

LintolsNon-structural RCHoods, aprons, gutters,parapetsRC staircasesRC walls not part of theframe

Formworks must be removed but temporary props are allowed

Roof beams must be completed

C&S Engineer is to certify completion and compliance of structuralcomponents before Architects Certification



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If the roof structure doe not have sloping RC beams as in this structure,then the RC structure has been completed and stage 2(b) certificate can beissued. If however there is a sloping RC roof beam, then this beam must becast before RC structure can be considered to be completed.


STAGE WORKS TO BECOMPLETED

WORKS NEED NOT BECOMPLETED


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COMPLETED COMPLETED

2(c) Walls of thesaid Building withwith Door &Window Framesplaced in position

10%

Non-structural wallsAll Party Walls includingStiffenersTIMBER Door &Window FramesFRAMEWORK forPartitioning excludinglining

Metal FramesDoor leavesWindow PanelsWindow LouvresParapet wallsBoundary wallsFence WallsClosing up ofconstruction openings

The above is for Circular 1/2008

Although metal window frames need not be installed at this stage,

Architects often face complaints and queries from Purchasers



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COMPLETED COMPLETED

2(e) Internal &External Finishesof the saidBuilding including

the wall finishes

10%

All plastering to walls,soffits, slabs, beams,columns where specifiedWall tiles & Other wall

finishesLinings, boards andpanels to framedpartitionsFloor screeding & otherfloor finishesPainting to internal &external Walls Floors &Ceiling

Closing up of temporaryconstruction openingsDoor & Window panels

The above is for Circular 1/2008





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COMPLETED COMPLETED

2(f) Sewerageworks serving thesaid building

5%

Sewerage reticulationconnected toCompleted SewageTreatment Plant temp or

Permanent approved bythe relevant authority

Testing &commissioningWater & electricityconnection

Sewer Treatment Plant may be Permanent or TemporarySewer line must be connected to last manhole

Last Manhole must be completed. Inspection Chambers need NOT becompleted



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2(g) Drainsserving the saidbuilding

5%

Drains & Main Drainsconnected to outfall

Metal gratings & draincovers

Alignment of drains and outfall may be Permanent or Temporary as

approved by JPS or relevant Local Authority

Perimeter drains serving the said building



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Stages of Certification Schedule-H


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Sub-divided Building



2(a) The WorkBelow GroundLevel of the saidBuilding

comprising thesaid parcelincludingfoundation of thesaid building

10%

Foundation works belowlowest floor levelPiling & Pilecaps Stumps

Raft SlabFooting & Stumps

Retaining walls if notpart of the foundationBackfillingLowest floor slab NOT

part of the foundationGround BeamsServices

C&S Engineer is to certify completion and compliance of structuralcomponents before Architects Certification

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STAGE 2(a) QUESTION


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The development consists of 4 wings of apartments interlinked to commonservice cores. Do the works below ground level of all 4 wings have to becompleted before we certify for stage 2(a) or can they be certified on a wingby wing basis.

If the 4 wings are structurally independent and they have been defined as4 independent buildings / blocks they can be certified on a building bybuilding basis. If however they all sit on a common structural podium andis one integral structure, then the whole podium foundation must be

completed for certification for stage 2(a)

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Shear walls form part of the primary

RC structure and must be completedunder stage 2(b)

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Parapet walls need NOT be completed for stage 2(c)

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Walls required forconstruction access needNOT be completed for stage2(c)


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2(c)

91




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2(d)Roofing/Ceiling,Electrical wiring,plumbing,gas

piping, internaltelephonetrunking andcabling to thesaid parcel

10%

Roof structure, roofing& flashing, orFloor slab soffits &ceiling framing of the said

parcel

Electrical wiring withinparcelWater piping within

parcelSanitary piping withinparcelGas piping within parcelTelephone trunking &cabling within parcel

Ceiling boardsSwitch BoardsSwitchesElectrical fixtures &

FittingsSanitary & Tap fixtures& FittingsHot Water heatersWater tanks

Rain water down pipesGuttersWindow hoods

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1st floor has been completed to stage 2(d) if services are complete

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2(e) Internal &External Finishesof the said parcelincluding the wall

finishes

10%

All pastering to walls,soffits, slabs, beams,columns where specifiedWall tiles & other wall

finishesLinings, boards andpanels to framedpartitionsFloor screeding and/or

other floor finishesPainting to internal &external walls, floors andceilings (if any)

Closing up of temporaryconstruction openingsDoor & window panels

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2(f) Sewerageworks serving thesaid building

5%

Sewerage worksincluding manholes fromthe building containingthe said parcel connected

to a completed seweragetreatment system ( Thetreatment system may bepermanent or temporaryas approved by the

relevant authority)

Testing &commissioningWater & electricityconnection

Refer page 18/18 ofcircular

Sewer Treatment Plant may be Permanent or Temporary

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2(h) R d P d R d l di t F t th


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2(h) Roadsserving the saidbuilding

Paved Road leading tobuilding containing thesaid parcel from anexisting road.(The

alignment of Roads maybe Permanent orTemporary access asapproved by LocalAuthorities)

Permanent roadsaround the buildingcontaining the said parcelEntrance culvert servingthe buildingKerbs

FootpathsRoadside tabletsFinal wearing course topre-mixed roads

Road markingsRoad signages

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Vacant possession can not

be issued yet as the bulkmeter has not been installedyet

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Key concerns for Architects for CD


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Key concerns for Architects for CD Construction quality and lack of proper inspection

and test plan

Non-compliance to approved building plans andspecifications.

Differences between approved BP and S&P Plans

Certifying without inspection at site

Certifying based on undertaking from PM of

Developer Jump stage certifications.


ISO 9001 : 2000


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A company that can be TRUSTED A company with a SYSTEM for delivery

A company which delivers QUALITY services & products

A company with a quality STANDARD

A company which complies to Public SAFETY & HEALTHstandards

Without a System WHAT CAN GO WRONG WILL GOWRONG. Murphys Law

ISO 9001 KEY DOCUMENTS

1. OPERATING PROCEDURES


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. O NG OC U S

MANUAL

INSPECTION & TEST PLAN

2. QUALITY MANUAL

QUALITY POLICY

BUSINESS PROCESSESQUALITY MANAGEMENT STRUCTURE

QUALITY OBJECTIVES


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COMPLETIONCCC ISSUANCE




(3) Professional

Architect doesnot need to

ALL works completed

External works including

Loose Fixtures &Fittings


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ot eed toissue anycertificate forthis Stage butbefore the

Developer caneffect vacantpossession,the Certificateof Completionand

Complianceshall havebeen issued bytheProfessionalArchitect asthe PrincipalSubmittingPersonready

te a o s c ud gfencing gates and landscapingUtility services ready toreceive supply

Electricity and water supply

available & ready forconnection (tapping) into saidbuildingTNB sub-station energized

External electrical cablingfrom sub-station to unit

completedWater reservoir or water tankis operationalTemporary openings closed

Borang-E submitted &Accepted by Local AuthoritySewerage Treatment Plantserviceable

Electrical metersWater metersMinor defects

The above is for Circular 1/2008105Pertubuhan Akitek Malaysia

CCC l b i d b th P i i l S b itti P (PSP) ft th

ISSUANCE OF CCC


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CCC can only be issued by the Principal Submitting Person (PSP) after thefollowing have been secured:

1. all the certifications by the respective parties (professionals, contractors

and licensed tradesmen) based on the prescribed Form Gs under theMatrix of Responsibility (Forms G1 G21); and

2. clearances from the following authorities :

Tenaga Nasional Berhad (TNB)

Water Authority

Sewerage Services Department (JPP)

Fire and Rescue Department (except for residential buildings of not morethan 18 meters high)

Department of Safety and Health (where applicable),

Relevant authorities/Public Works on Roads and Drainage.106Pertubuhan Akitek Malaysia


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BUILDING QUALITY AND CCC


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Can Architects issue the CCC whenthere are still outstanding defects?

Can an Architect decide that a minordefect is acceptable under the StandardS&P?

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Certification, CCC & Quality

ARCHITECTS ROLES & RESPONSIBILITIES


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STANDARD SALES & PURCHASE AGREEMENT FOR

HOUSINGUNIFORM BUILDING BY-LAW 1984

PAM 98 CONTRACT

PAM 2006 CONTRACT

CERTIFICATE OF COMPLETION & COMPLIANCE


STANDARD SALES & PURCHASE AGREEMENT FOR HOUSING

Clause (14) Materials and Workmanship to Conform to Description states


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Clause (14) Materials and Workmanship to Conform to Description states

.shall be constructed in a good and workmanlike manner in accordance

with the description set out in the Fourth Schedule and in accordance

with theplans approved by the Appropriate Authority

The approved Building Plan is a very important point of reference

as far as quality is concerned

The Architect does not have the powers under the standard S&P to

make the final decision regarding quality - Tribunal for House has that

power


Contractual relationship of parties inHousing Sell then Build


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CONTRACTOR

HOUSING

DEVELOPER

HOUSE

BUYER

STD

SPA

ARCHITECT

HOUSE BUYER

TRIBUNAL

PAM

CONTRACT


UNIFORM BUILDING BY-LAW 1984

UBBL in itself does not mention quality requirements and so longas the quality of the building element does not affect the safety


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as the quality of the building element does not affect the safetyand health aspect of the building, there is no directly impliedresponsibility for the quality aspect of the building.


PAM 98 CONTRACT

Quality standards in Architectural components cannot yet be definedabsolutely and requires the discretion of the Architect. The PAM98contract also empowers the Architect to make the final decision


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contract also empowers the Architect to make the final decisionon quality with reasonable discretion.

The powers of the Architect however are not absolute, as theContractor can refer any matter in the contract including qualitymatters to arbitration as outlined in clause 43.1(1) ..including anymatter or thing left by this contract to the discretion of the Architect.

Under the PAM form of Contract therefore the Architect decideswhether the quality of works are acceptable and NOT theEmployer


PAM 2006 CONTRACT

Quality standards in Architectural components cannot yet be definedabsolutely and requires the discretion of the Architect. The PAM2006contract also empowers the Architect to make the final decision


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contract also empowers the Architect to make the final decisionon quality but refers more to the Contract in clause 6.1 shallbe to the respective quality and standard described in the

contract document and required by the Architect.

The powers of the Architect however are not absolute, as theContractor can refer any matter in the contract including quality

matters to arbitration as outlined in clause 34.5(b) .. any matter leftby the contract to the discretion of the Architect.

Under the PAM 2006 form of Contract also the Architect

decides whether the quality of works are acceptable and NOTthe Employer but quality shall be as described in the contract


CERTIFICATE OF COMPLETION & COMPLIANCE

Why BCA issue Temporary Occupation Permit (TOP) whereworkmanship is poor?


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The TOP signifies that the completed building works have complied

with the provisions of the building regulation, which focus primarilyon human safety, and with the requirements of the various technicalauthorities, so that the completed building can be occupied.

However, TOP does not ensure that materials have beenaccordance to the Sale & Purchase (S&P) agreement or quality ofworks as promised in sales document. These disputes should bebrought directly to and resolved with the developer.


Key concerns for Architects at CCC

Issuing F1 for Phased Developments


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Issuing F1 for Phased Developments

Issuing single CCC for multiple phaseddevelopments

Major defects at CCC inspections

Interference from LA and Developer Refusal by Sub-Consultants, NSC and Specialist

Contractors to endorse G forms

LA refusing to accept the CCC



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DEFECTS LIABILITY PERIODMANAGING DEFECTS


Contractual relationship of parties inHousing Sell then Build


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CONTRACTORHOUSING

DEVELOPER

HOUSE

BUYER

STD

SPA

ARCHITECT

HOUSE BUYER

TRIBUNAL

PAM

CONTRACT


Number Of Complaints Received by States by Types For Year 2000

No. Types Of Complaints/States

SGR PLS P.P PRK KED N.S MEL JOH W.P KEL TRG PHG TOTAL

1. Defective Workmanship 82 0 26 12 1414

7 18 28 0 011 212

2. Compensation 124 0 28 14 6 4 0 0 60 0 1 10 247

3. Payment 20 0 15 6 4 8 9 7 23 0 0 0 92

4. CFO 47 0 4 3 1 1 0 1 26 2 1 9 95


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5. Late Delivery Of Houses 97 0 38 24 1524

14 24 83 12 116 348

6. Interest 40 0 4 1 3 14 5 17 9 0 1 4 98

7. Not Conforming To Plan 14 0 10 6 1 0 1 3 98 0 0 2 135

8. Service 20 0 17 5 2 4 2 3 51 4 2 3 113

9. Cheating 2 0 1 3 1 2 0 0 8 0 0 0 17

10. Deposit/Ownership 21 1 5 2 1

1

4 4 13 0 0

2 54

11. Infrastructure 0 0 3 0 01

0 0 1 0 01 6

12. Contravene Act/Regulations 12 0 15 7 9 2 0 1 9 1 0 2 58

13. Others 177 1 50 27 159

0 5 32 4 325 348

Total656 2 216 110 72

8442 83 441 23 9

85 1823


Housing Quality in Malaysia

Complaints Statistics - Year 2000

Types of Complaints %


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1. Shoddy workmanship 22

2. Late delivery 18

3. Certificate of Fitness 17

4. Compensation Delays 16

5. Non-adherence to building plans 11

6. Maintenance 4

7 Strata titles 4

8 Payments 4

9 Infrastructure 4



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Typical building faults from Architect Centre


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Rising Damp 33%

Defective Framing 20% Illegal Building 30%

Timber Rot 46%

Cracking Brickwork 43% Electrical Problems 34%

Roofing Faults 54%

Water Problems 15%


DAMPNESS & LEAKS


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DAMPNESS & LEAKS

Leaking Pool Leaking Tennis Courts


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DAMPNESS & LEAKS


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133

DAMPNESS & LEAKS


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134

ROOF


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135

ROOF


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136

ROOF


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137

ROOF


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138

ROOF


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139

ROOF


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140

Cracking

Brickwork


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141

WORKMANSHIP


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WORKMANSHIP


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PLUMBING


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145

PLUMBING


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Key concerns for Architects at DLP

Refusal by Contractors and Sub-Contractors toagree on Final Accounts


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g

Issuance of instructions by PM of Developers toContractors on defects and complains bypurchasers.

Unreasonable quality standards and false claimsby Building Surveyors on defects inspection.

Renovation works by House Purchasers beforeDLP ends.

Buying of Building Plans by House Buyers


MORAL

MANAGING CHANGES & UNCERTAINTY


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MORAL

ETHICAL

STUTATORY

REQUIREMENTS

CONTRACTURAL

ISSUES



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CMGDFINAL ACCOUNTS



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(e) An amount needed to rectify any defects, shrinkages,or other faults in the said Building, which may becomeapparent within a period of twelve (12)/ eighteen (18)

months after the date of handing over vacantpossession (which amount should be in addition tothe amount held by the Developers Solicitor asstakeholder.)

ArchitectQS


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(f) An amount needed as outstanding Developerssolicitors cost.

LawyerDeveloper

(g) Administrative expenses. Developer

(h) Any other cost which has not been spelled out, as

above which the architect may deem necessary.Balance may deem necessary Architect

Balance of payment to contractor ArchitectQS

Balance of payment to consultant Consultants

Total (a) to (h) Architect

Add 10% for the contingencies and inflation151Pertubuhan Akitek Malaysia

EOT UNDER HDA CLAUSE 32

Are Developers entitled to request for


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Are Developers entitled to request forwaiver of interest on late delivery if theirContractors delay the works or there is a

shortage of materials for construction?


SEA Housing Sdn Bhd vs Lee Poh Choo

[1982](2 MLJ 31) in which the purchasersued the developer for breach of contractand for delivery of the title to a house he


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y

had purchased. The property in questionwas completed after 23 months, insteadof 18 months as stated in the SPA



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SUCCESS FACTORS


Housing Complains Against Architects1999-2005Source : Lembaga Arkitek Malaysia

Unprofess ional Conduct

27%


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Certification

54%

Defects

13%

Supplanting3%

Delay in Obtaining CFO

3%

Collabration with NonRegistered

Person

0%

Non-approved Practice

0%

156

BEYOND THE LAWS SUCCESS FACTORSFOR HOUSING DEVELOPMENT Source USM

1. Prime location of land

2 Cash flow


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2. Cash flow

3. Understanding market potentials

4. Relationship with local authorities

5. Management expertise and experience

6. Organisation and service reputation7. Ability to manage change

8. Relationship with competent support services providers

9. Skilled employees

10. Management tolerance to risks and

157


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THANK YOU

[email protected]


hda roles responsibility arch pam csa 20140906

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