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Briefing Notes for Practising Engineers: Certificate of Completion and Compliance (CCC) PDF Print E-mail
Written by Ir. Chen Thiam Leong   
Wednesday, 15 August 2007

1. Effective Date of CCC
The Prime Minister has on 13th April 2007 announced officially that CCC, OSC (One Stop Centre), COB (Commissioner of Buildings) and Built and Sell (10:90) will take effect on 12th April 2007 and that all Acts and regulations have been put in place for their implementation. The Government is committed to give intensive training to all the local authorities and related agencies for 2 months for their effective implementation.

2. Amendments of Relevant Acts
In conjunction with the implementation of the CCC, amendments to the following Acts and Regulation were approved:

  • Street, Drainage and Building Act (Amendment) 2007 (Act A1286)
    • To make provision for implementation of CCC
    • To define Principal Submitting Person
    • Increasing penalty to deter wrongful certification
  • Uniform Building By-Law 1984
    • To make provision for the implementation of CCC
    • Introduction of additional G Forms (Matrix of Responsibility)
  • Housing Development Act and Regulations (Amendment) 2007 (Act A1289)
    • Consequential amendment in view of CCC (ie definition of CF etc)
    • VP will now be given together with CCC
  • Strata Title Act (Amendment) 2007 (Act A1290)
    • Consequential amendment in view of CCC
  • Architect’s Act 1967 (Amendment) 2007 (Act 1286)
    • Increasing penalty to deter wrongful certification
    • Express provision on fraudulent certification.
  • Registration of Engineer’s Act 1967 (Amendment) 2007
    • Increasing penalty to deter wrongful certification
    • Express provision on fraudulent certification

3. Major Relevant Details of Amended Acts and Regulation

3.1 Amendments to The Street, Drainage and Building Act (Amendment 2007) (Act A1286)

a) Amendment to Increase Penalty

  • 70(11) To increase fine from not exceeding RM1,000 to not exceeding RM20,000 for committing offence of making any alteration to any building otherwise than is provided for in this Act or by-laws or without the prior written instruction of the local authority.
  • 70(13) To increase the fine from not exceeding RM10,000 to not exceeding RM50,000 or to imprisonment for a term of not more than 3 years or both.

    A further fine has been increased from not exceeding RM 250 to RM1,000 for each day during which the offence is continued after conviction:-

    • commences or resumes the erection of a building in contravention of sub-section (9);
    • commences or resumes the erection of a building in contravention of sub-section (9A);
    • deviates from any plan or specification approved by the local authority without the prior written permission of the local;
    • erect a building in contravention of this Act or any of the by-laws made; or
    • fail to comply with any lawful order or written direction of the local authority or with any term or condition attached by the local authority to any modification or waiver of any of the requirement of any by-law,

     

  • 70(27) Any Person who -
    • is not a PSP but issues a certificate of completion and compliance;
    • issues a CCC without all the relevant forms as prescribed in any by-laws;
    • issues a CCC in contravention of a direction given by the local authority to withhold such issuance pending rectification of any non-compliance;
    • knowingly makes or produces or causes to be made any false or fraudulent declaration, certificate, application or representation of any form prescribed in any by-laws made under this Act;
    • uses any forged, altered or counterfeit declaration, certificate, application or representation of any form prescribed in any by-laws made under this Act knowing the declaration, certificate, application or representation have been forged, altered or counterfeited; or
    • occupies or permits to be occupied any building or any part thereof without a CCC shall be liable on conviction to a fine not exceeding RM 250,000 or to imprisonment for a term not exceeding ten years or to both.
  • 127 Fine under general penalty has been increased from not exceeding RM2,000 to not exceeding RM10,000 and the further fine has been increased
    from RM 100 to RM 500 for every day during which the offence is continued after conviction.
b) Amendment to Section 70
Inserting a sub-section on ‘Issuance of certificate of completion and compliance’
  • 70(20) No certificate of completion and compliance shall be issued except by principal submitting person in accordance with the time, manner and procedure for the issuance thereof as prescribed by this Act or any by-laws made,
  • 70(21) Before the issuance of certificate of completion and compliance, it shall be the duties and responsibilities of the principal submitting person to:
    • Supervise the erection of the building to ensure that the erection is in conformity with the approved plans and the requirements of the provisions of this Act or any by-laws made;
    • ensure that the building has been duly constructed and completed in conformity with the approved plans and the requirement of this Act or any by-laws made and that all technical conditions imposed by the local authority has been duly complied with; and
    • ensure the building is safe and fit for occupation.
  • 70(22) Nothing contained in this Act shall affect the power conferred on the local authority by this Act or any by-laws made pertaining to the erection and construction of a building for the purpose of ensuring that the erection and construction of such building are in conformity with the approved plans and the provisions of this Act or any by-law made.
  • 70(23) If it appears to the local authority that a non-compliance with the approved plans and provisions of this Act or any by-law made by the principal submitting person has occurred in the erection and construction of the building, the local authority may issue to the principal submitting person –
    • a notice in writing, requiring compliance within the period specified in the notice, as the local authority thinks fit, in order that the non-compliance be rectified; and
    • a directive in writing to withhold the issuance of the certificate of completion and compliance until such non-compliance has been rectified.
  • 70(24) If the direction referred in paragraph (23)(b) is not complied with by the principal submitting person, the local authority may itself cause any work to be executed or any measure to be taken of if it considers such work or measure is necessary to rectify the non-compliance.
  • 70(25) The cost for executing such work or taking such measure as referred in subsection (24) shall be borne by the owner of the building.
  • 70(26) The amount of the costs to be so recovered by the local authority shall be certified by the local authority and the certificate of the local authority in this regard shall be conclusive proof of the matters stated therein and shall not be subject to any appeal or review in any court.

3.2 Key Amendments to The Uniform Building By-Law (Amendment 2007)

a) Amendment of by-law 2

  • 2 (c) by inserting a new definition “Principal submitting Person” means a qualified person who submits building plans to the local authority for approval in accordance with these By-Laws and includes any other qualified person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person in accordance with by-law 7.
  • 2(d) by substituting the definition of “qualified person’ with the following definition “qualified person” means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof.
  • 2(f) by inserting the following definition “building plans” means plans that include site plans, key plans, floor plans, sections and elevations of buildings, and are as stipulated under by-laws 8, 9 and 10.
  • 2(j) by inserting the following definition “technical conditions” means conditions pertaining to health and safety issues to buildings and essential services serving the buildings.

b) Substitution of by-law 25: “Certificate of Completion and Compliance”

  • 25(1) A certificate of completion and compliance in Form F as set out in the Second Schedule shall be issued by the principal submitting person –
    • when all the technical conditions as imposed by the local authority have been duly complied with;
    • when Forms G1 to G21 in respect of stage certifications as set out in the Second Schedule have been duly certified and received by him;
    • when all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, have been provided; and
    • when he certifies in Form F that he has supervised the erection and completion of the building and that to the best of his knowledge and belief the building has been constructed and completed in accordance with the Act, these By-Laws and the approved plans.

     

  • 25(2) Upon the issuance of the certificate of completion and compliance, the principal submitting person accepts full responsibility for the issuance of the certificate of completion and compliance and he certifies that the building is safe and fit for occupation.
  • 25(3) The principal submitting person shall within fourteen days from the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, deposit a copy of the said certificate and the Form G1-G21 with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be.
  • 25(4) Nothing contained in this by-law shall prevent the local authority or any officer authorised by it in writing for the purpose, from inspecting any building works at any stage thereof and calling attention to any failure to the building or non-compliance with these By-laws which he may observe and, giving notice in writing to the principal submitting person ordering such failure or non-compliance to be rectified.
  • 25(5) Subject to paragraph (4), the local authority may issue a directive in writing to the principal submitting person to withhold the issuance of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.
  • 25(6) The principal submitting person shall within twenty-one days after the receipt of the notice issued in pursuance of paragraph (4) or such further period as may be approved by the local authority, rectify the failure or non-compliance.
  • 25(7) When the principal submitting person has rectified the failure or non-compliance, he shall issue a notice to the local authority confirming that such rectification works have been satisfactorily completed.
  • 25(8) Upon receipt of the notice as mentioned in paragraph (7), the local authority shall within fourteen days from the receipt of such notice inspect the building to confirm that the failure or non-compliance has been satisfactorily rectified.
  • 25(9) When the local authority is satisfied that the failure or non-compliance as stipulated in paragraph (4) has been satisfactorily rectified, the local authority shall issue a directive in writing to the principal submitting person to issue the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.
  • 25(10) When the local authority does not carry out the inspection of rectification works in pursuance of paragraph (8) within the period as stipulated in that paragraph, it shall be deemed that the local authority is satisfied that the rectification works have been satisfactorily completed.
  • 25(11) When the failure or non-compliance is not rectified by the principal submitting person within the period stipulated in paragraph (6), the local authority may itself cause any work to be executed or any measure to be taken if it considers such work or measure is necessary to rectify the non-compliance.
  • 25(12) The cost for executing such work or taking such measure as referred to in paragraph (11) shall be borne by the owner of the building.
  • 25(13) The certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, shall not be issued by the principal submitting person until all the failures or non-compliances in respect of the building has been satisfactorily rectified.

c) Substitution of by-law 27: “Partial certificate of completion and compliance”

  • 27(1) The principal submitting person may issue a partial certificate of completion and compliance in Form F1 as set out in the Second Schedule in respect of any part of a building partially completed subject to any condition imposed by the local authority which it deems necessary for reasons of public health and safety.

    Provided that no such certificate shall be issued unless all the essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required, serving the partially completed portion of the building have been provided.

  • 27(2) A partial certificate of completion and compliance once issued shall remain effective until the whole of the building is completed and a certificate of completion and compliance is issued in pursuant of by-law 25,

d) Substitution of by-law 28: “Offences”

  • 28(1) Where the principal submitting person fails to deposit a copy of the certificate of completion and compliance or partial certificate of completion and compliance, as the case may be, and the Forms G1-G21 within the period stipulated in paragraph 25(3) with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the case may be, he shall be guilty of an offence.
  • 28(2) Where the principal submitting person or submitting person fails to comply with the notice issued by the local authority in respect of the rectification of any failure to the building or non-compliance with these By-laws in accordance with paragraph 25(4), he shall be guilty of an offence

e) Other Amendments

  • Amendments to by-laws 3, 4, 5, 6, 7, 10, 16, 17, 20, 29, 48, 77, 249, 258 etc are mainly consequential changes to change the term submitting person to principal submitting person.

f) Amendment of Second Schedule

  • The Second Schedule of the principal By-laws is amended by deleting Forms C, D and E
    • by substituting for Form F with the new Form F and F1 and Form G1-G21

g) Types of Forms under CCC

• Form A- Certification of Buildings/Structural Plans (for endorsement on plans to be submitted for approval)
• Form B- Notice of Commencement/Resumption of Building Operations
Form G1–G21- Stage Certification for various components of works
• Form F- Certificate of Completion and Compliance
• Form F1- Partial Certificate of Completion and Compliance


3.3 Key Amendments to The Registration of Engineers Act 1967

  • Section 7A(5)(d) Increase of fine from not exceeding RM10,000 to not exceeding RM50,000 and to increase the suspension of registration for a period not exceeding 1 year to two years on Engineering consultancy practice for disciplinary offence.
  • Section 14A Establishment of a 3-person Disciplinary Committee to provide more effective disciplinary actions for dealing with CCC issues.
  • Section 15(1) and (1A) Insertion of false or negligent certification as grounds for disciplinary action.

    Increase of fine from not exceeding RM5,000 to not exceeding RM50,000 and to increase the suspension of registration for a period not exceeding 1 year to two years on a registered Engineer for disciplinary offence.

  • Section 24 Increase the fine from RM10,000 to RM50,000 or to imprisonment for a term not exceeding three years, or to both, on any person, sole proprietorship, partnership or body corporate who contravenes the provision of the Act and its regulations as stipulated.
  • Section 25 Increase the fine from RM2,000 to RM10,000 or to imprisonment for a term not exceeding one year, or to both, on any person, sole proprietorship, partnership or body corporate who contravenes the provision of the Act and its regulations where there is no penalty expressly provided.

4. Titles of Form G1 to G21

  • FORM G 1 (Approved Plans)
    STAGE CERTIFICATION: EARTHWORKS
  • FORM G 2 (Approved Plans)
    STAGE CERTIFICATION: SETTING OUT
  • FORM G 3 (Deposited Plans)
    STAGE CERTIFICATION: FOUNDATIONS
  • FORM G 4 (Deposited Plans)
    STAGE CERTIFICATION: STRUCTURAL
  • FORM G 5 (Approved/Deposited Plans)
    STAGE CERTIFICATION: INTERNAL WATER PLUMBING
  • FORM G 6 (Approved/Deposited Plans)
    STAGE CERTIFICATION: INTERNAL SANITARY PLUMBING
  • FORM G 7 (Submitting Engr’s Endorsed Plans)
    STAGE CERTIFICATION: INTERNAL ELECTRICAL
  • FORM G 8 (Approved/Deposited Plans)
    STAGE CERTIFICATION: FIRE-FIGHTING (PASSIVE)
  • FORM G 9 (Approved/Deposited Plans)
    STAGE CERTIFICATION: FIRE-FIGHTING (ACTIVE)
  • FORM G 10 (Submitting Engr’s Endorsed Plans)
    STAGE CERTIFICATION: MECHANICAL VENTILATION
  • FORM G 11 (Submitting Engr’s Endorsed Plans)
    STAGE CERTIFICATION: LIFT/ESCALATOR INSTALLATION
  • FORM G 12 (Approved Plans)
    STAGE CERTIFICATION: BUILDING
  • FORM G 13 (Approved Plans)
    STAGE CERTIFICATION: EXTERNAL WATER SUPPLY SYSTEM
  • FORM G 14 (Approved Plans)
    STAGE CERTIFICATION: SEWERAGE RETICULATION
  • FORM G 15 (Approved Plans)
    STAGE CERTIFICATION: SEWERAGE TREATMENT PLANT
  • FORM G 16 (Approved Plans)
    STAGE CERTIFICATION: EXTERNAL ELECTRICAL SUPPLY SYSTEM
  • FORM G 17 (Approved/Deposited Plans)
    STAGE CERTIFICATION: ROAD AND DRAIN
  • FORM G 18 (Approved/Deposited Plans)
    STAGE CERTIFICATION: STREET LIGHTING
  • FORM G 19 (Approved Plans)
    STAGE CERTIFICATION: EXTERNAL MAIN DRAIN
  • FORM G 20 (Approved/Deposited Plans)
    STAGE CERTIFICATION: TELECOMMUNICATION
  • FORM G 21 (Approved Plans)
    STAGE CERTIFICATION: LANDSCAPE

 

Last Updated ( Friday, 17 August 2007 )

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