First Thoughts

Today is the day before the Chinese New Year [CNY] of the Ox. As usual every year during CNY holidays, all of Malaysia embraces this festive mood regardless of background. And, work-related activities, especially the construction line, are put on hold not just by those actually celebrating CNY but just about everybody. Yours truly included.

Since this time of the year represents the beginning of Spring, at least for the Chinese in the 4-seasons northeast quarter of the world, I am taking this opportunity to begin jotting my thoughts, especially on architecture, into the cyberworld. Afterall, I have been wanting to record my thoughts on some places, events and things that I have seen. I hope these thoughts will be worth something when I reflect on them later in life.

Kuala Terengganu

BHA FAMILY TRIP 2009 _ Umrah Pilgrimmage _ Part 1

It has been a long while since I made my first entry into the webblog world.

so it is about time for a second one.





We, the office, arranged for a special trip to the holy cities of Makkah and Madinah in Saudi Arabia between June 4th and 16th, 2009 for selected staff and their spouses to perform the Umrah. It was a wish that we had since 2002 for the senior staff that they would be offered to perform their Umrah [small Hajj] as a token of appreciation from us for their dedication and sacrifices, especially so when the firm hit a dip in business in 2004 - 2005, and they stayed and fought with us to regain our foothold.

It was a long dream which finally became reality 7 years on. We hope to make it a regular bi-yearly event, God willing.

BHA Entourage @ KLIA

The trip was also an opportunity to see what was happening with the city of Makkah since the power that be over there bought over many of the real estates and in 2008 [1428Hijrah] started the major demolition of almost half of the buildings surrounding the Haram Mosque in Makkah, where the "much-faced" Kaabah building is located, to make way for, by the look of pictures circulating in the internet, flashier accommodations and amenities for the pilgrims.





Lets hope so. It is about time and the right move to give a once over to the holy place. The city badly needs a major make over to accommodate the continuous influx of pilgrims from around the world.

Millions congregate there yearly, if not monthly [and up to the unofficial figure of 6million pilgrims [?] visited the holy city during the Hajj period, i.e. double the quota, for at least a week in a year if not for a month].





In Makkah, the older accommodations there were basic apartments and some even look and feel dangerous. The old accommodations, mainly apartments, each housed hundreds of pilgrims in multi-storeyed buildings, and I believe were built before the building codes came into existence, which had a single narrow staircases and often doubled up as stores. The unitary lift in each building may not be as old as the building itself, and also looked like being shorn in as an afterthought, looked well worn and often aged ungracefully.





The holy city of Madinah, in contrast, has been transformed quite dramatically since the early 2000 and have the modern hotels and infrastructures. I noticed the difference with the city between my first visit there in 2002 and my second in 2008. In 2008, work were still going around the Haram or better known as the Masjid Nabawi, the Prophet Muhammad's Mosque. It would have been interesting if we could go around the city to see development progress there as well during this pilgrimmage but time was not on our side.





Badrul Hisham Architect / June 2009

BHA FAMILY TRIP 2009 _ Umrah Pilgrimmage _ Part 2

2009 June PILGRIM LOG





KL

13 out of the 48 pilgrims in the umrah package we were with were our office group.

We started our pilgrimmage from KL international airport to the Madinah via Bahrain and Jeddah on Thursday, June 04, 2009 on Gulf Air.

It was a pleasant flight and the service was relatively good especially because of its hardware - a new plane A330 [?], sorry if I got the model wrong, I am not an airplane follower - but not so much because of the software - they can do with a little bit more smile and courtesy to get an "A", I believe.

Anyway the whole air package was pleasant enough to warrant another trip on Gulf Air next time around. The kids loved the inflight facilities.





BAHRAIN

We stopped overnight in Manama, Bahrain and stayed in the All Season Hotel [Unfortunately not the Four Seasons Hotel] in Juffair, an area which we found to be quite a night spot for the expats.





The next day the 8 of us [my immediate family / household] hired a taxi van to take us around town. Developments there still seems to be going strong despite the world economic slow down. I wonder how Dubai is in comparison.

Buildings were nothing spectacular except for the World Trade Center Manama with the triple turbine / windmill by Atkins Architecture, I think. The old buildings have their charm though.

But I was quite taken by the scene of the Bahraini Dhows, the fishing boats, which co-exist within the newly developed commercial lagoon. I thought the dilapidated Dhows look much nicer than the sprawling clean lined somewhat hygienic apartments under construction! It seems that cities are losing their identities with all these global look.

Bahrain

In 10 years, I suppose you could be anywhere and everywhere in the world and the buildings in any city would not identify themselves to any vernacular or regional origins.

That would be when, I suppose, cities with identities would be flocked by tourists while those faceless [identity-less] cities would be given a miss by the majority of the tourists and the students of arts and architecture.

Bahrain

JEDDAH

We headed for Jeddah from Manama about midday Friday, June 05, 2009 on an uneventful flight. at Jeddah airport we cleared the customs + immigration relatively quick - we have been told to expect up to 6 hours of waiting but we were cleared in over an hour. that was a good.

we then boarded a bus to the holy city of Medina.





It was a long bus trip of about 6 hours from Jeddah to Medina passing through rocks and sandy landscape. It must have been a gruelling ride for the Prophet Muhammad, peace be upon him, and his companion Abu Bakr, to make the trip on camel's back and on foot from Mecca to Medina for weeks 1430 years ago while being chased by the Quraish of Makkah on their first of many attempts to kill the Prophet.

And in contrast, we had only to endure a 6-hour ride in a semi air-conditioned bus - the air-conditioned could not cope with the heat outside we were told hence the semi-functioning air-conditioning.

Masjid Nabawi, Medina

MEDINA

We arrived late that Friday night, after the Isya prayers time, and checked into the AlHaram Hotel. we didn't head to the Holy Mosque of the Prophet, Masjid Nabawi, straight away but decided to do so for the pre-dawn or Fajr prayers.





We were in Medina for 2 days 2 nights. Saturday, June 06, 2009 was spent at the Masjid Nabawi praying, reading the Quran and also visiting the graves of the Prophet Muhammad, peace be upon him, and his companions, Abu Bakar and Umar.





The masjid was still on an extension exercise. The forecourt, i.e. the back of the Masjid Nabawi where most people enter the Masjid through Main doors, and the rightcourt, i.e. where there is an entrance called Bab al Salaam [roughly translated as Door of Peace?], have been installed with extra mechanically-operated canopies to shield the pilgrims from the harsh sun. The left side next to the Baqi cemetery is under a large extension exercise including the construction of a medical centre.





We did a half-day of the tourist bit or 'ziarah' to the Masjid Quba, the first masjid erected by Prophet Muhammad upon reaching Medina, a date orchard, Mount Uhud, the site of a famous battle between the people of Medina under Prophet Muhammad and the attacking people from Makkah and to the Masjid Qiblatain, where God directed the change of praying direction from the Masjid AlAqsa in the Palestine to the Masjidil Haram in Makkah.





Sunday, June 07, 2009 after the Zuhr noon prayer we boarded a bus to take us to Makkah for our Umrah. Its another 6 hours journey to Makkah with a stopover somewhere half way for a break and a combined Maghrib and Isha evening prayers.

Masjidil Haram, Makkah

MAKKAH

We arrived about 0900pm in Makkah and stayed at the Safwa Attamir Hotel. After a much needed rest, with 4 kids+teenagers on tow you would be forced to rest no worries, the Mutawwif, a very pleasant Ustaz Hasibullah of Indonesia took us to the Masjid alHaraam for our 1st Umrah of the trip. We completed our 1st Umrah [the minor Hajj] at the wee hours of 0130am Monday, June 08, 2009 after a 2 1/2 hours of circumambulation of the Holy Kaabah 7 times x 200 - 300m [depending where we were from the centre of the cubic Kaabah building] and the running to and fro of the Safa and Marwa hillocks 7 times x about 700m.

We went for a bus tour visiting a few places in Makkah that morning. We went through the areas where pilgrims perform the Haj rituals every year on 11th Muslim month of Zulhijjah. We started with the Arafah fields and climbed the Mount Arafat to see the scenery from atop the hill; pass through Mudzalifah fields and the Mina tents. The visit evoked fond memories of my Haj passage over a year earlier at the end of 2007/ early 2008 or the 1428 Hijri season.





We passed by Jabal Nur or the Mount of Light whereon Prophet Muhammad, peace be upon him, received his first verses of Quran from the angel Gibrael on 17th of the month of Ramadan about 13 years before the Hijri, or the migration to Medina. Then on we passed the Ma'la cemetery where Saidatina Khadijah a Kubra, the Prophet's first wife, was laid to rest. Saidatina Khadijah was the first person to attest to the Prophet's teaching after an affirmation by her Christian uncle, Warqa bin Naufal, that Muhammad, peace be upon him, had all the signs of a Prophet and had been visited by an angel who had earlier visited the Prophet Moses, peace be upon him.





We met my sister and her family after the Zuhr noon prayers. She had arrived about a week earlier for her first Umrah trip. Our two families had dinner together that night in our room after the Isha evening prayers with food from the Pakistani restaurant nearby. My sister and her family would be heading to Medina the next day.





The next few days were spent in the Masjid alHaram praying, reading the Quran and performing a few more Umrah. The peaceful feeling that I obtain by being in the Masjid alHaram is indescribeable and can be only explained by urge to return as often as possible.





To perform the Umrah is hard work - to walk for over 2 hours to complete the Umrah passages, even with breaks, is challenging - and to spend hours in the Masjid - praying, reading the Quran and circumambulating the Kaabah - are not easy tasks but normally the satisfaction that one receive by doing so is, I would say, addictive. Just sitting in the Masjid looking at the Kaabah brings that peaceful feeling.





Hence, though this is my 3rd trip here, most likely, if God permits, there will be many more. The serene and reflective feelings were shared by all who were with me there.

BHA Entourage

BHA Entourage

On Saturday, June 13, 2009 we were taken to a camel farm near Hudaibiah and we prepared ourselves for another Umrah passage. I did my 4th Umrah with my 3 boys and I think my daughter did hers with my 2 maids. That night after Isha prayers I accompanied my wife for her 2nd Umrah.





We did a bit of final [& extensive] shopping for gifts on Sunday, June 14, 2009 as we were leaving the next day.





Monday, June 15, 2009 after we performed the Tawaf Wida [the 7 goodbye circumambulation in honour of the Kaabah], we boarded a bus to Jeddah for our trip back to KL via Bahrain. We had a few hours to kill before the flight so we were taken to visit the seaside Mosque in Jeddah and to have some light snacks at a gazebo on the esplanade nearby.





Flight GF172 Jed - Bahrain left Jeddah about 400pm. We arrived in Manama about 2 hours later but were not allowed to alight for about 40 minutes. Apparently there were a number of passengers at the back of the plane who had signs of the flu and with the H1N1 outbreak the Manama Airport authorities were not taking chances. At one time I thought we would have to be quarantined in Bahrain somewhere because the flight captain and the crew were not informative at all of the situation.





After the delay in getting off the Jeddah flight, we were relieved to be ushered to the transfer counter for next flight to KL. It was a hurried transit and after a quick combined Maghrib and Isha evening prayers, we boarded Flight GF280 left Manama for KL about 900pm.

 BHA Family @ Jabal Nur, Makkah

Syaza Travel Entourage @

Jabal Nur, Makkah

KL

We reached KL on Tuesday, June 16, 2009 @ 900am. It took a couple of hours to collect our numerous bags [8pax x 2 luggages + 1 bottle of ZamZam water] and to help the travel agent rep to consolidate a few things. At 1100am, we said our goodbyes to all the pilgrims in the Umrah package who had became friends.





Overall, a memorable trip. I hope and pray that I am able to bring a few more of my team members for an eye opener of an Umrah trip in about 2 years.

And I hope for those that had gone for the Umrah this time the seeds of interest have been sowed and they will nurture and grow them to obtain the fruits of a Haj trip next time around.





God willing, InshaAllah.





Badrul Hisham Architect / June 2009

Uniform Building By-Laws, 1984 & Amendments 2007

Eid Mubaraq to Muslim brothers and happy holidays to all.



I have been asked to give a talk to a few engineering students at the UiTM tomorrow, Saturday, 26 September 2009 as part of their menu of external input for their Engineers in the Society series of lectures.



The topic is on the Uniform Building By-Law, 1984 [UBBL] and its amendments in 2007 and how the provisions within it affect the engineering fraternity.



I have prepared a paper for the talk for their benefit. The paper is a product of a bit of desk research, input from colleagues and a bit from experience. I have not put in the proper references and the usuals for a proper paper but I can pass it up to whomever interested to give valuable feedbacks as well as offering it for reference to those who will benefit.



Once I found out how to attach a pdf file to this blog or wherever then I will upload it for public downloading. Before then I will arrange somehow to pass it over individually.



My next effort will be to review the UBBL from the architectural perspective.

God willing.

Are These Schools Really Training Architects ?

After all these years interviewing young architects and other technical support graduates as potential employees, most people like me are disillusioned with the level of preparation and exposure given to these young folks at architectural schools and technical institutes.

On many occassions I had the misfortune to having to bear going through folios of bland designs from architectural certificate holders and graduates alike during job interviews.    

And 

when questioned why they produced the kinds of architectural design blandness, I was indirectly told [they were too timid to say it out loud, I supposed] that that was how they would be able to get through the schools.   Challenging design won't give them a passing mark ?   

If these claims were true, then I would want to know,

Don't fairly-tale concepts, imaginative, bold and cutting edge designs have  places in schools ? 



And,

When asked how they imagined building their dream [albeit bland] designs, most of them would sidestep the constructional & technical questions by saying they only went through the technical side "in passing" after spending months on design.

If whatever they claimed were true, I wonder who were supposed to advise them that design and constructional knowledge go hand-in-hand in architecture ?  

Unless they were meant to be trained as artists and to produce artist's impressions only, somebody better tell these aspiring architects and technical / architectural assistants that spending time on concept design alone would not do.    

Especially, when they were "directed' to producing uninspiring and bland designs and with no emphasis on how these designs to be built.   I would imagine the exposure should be given by the schools.





Then again,

Why was it that all these schools and institutions offering from a 1 1/2 year drafting certificate courses to the 5 to 6 year degree courses in architecture only stressed on design ?   Not everyone was good at designing.   Someone [or the same architect or design assistants or draftsmen] must also translate a fancy design into buildable technical documentation [not just fancy artists drawings] and ensure that the design was built properly in accordance with the documentation [or the construction contract]. 

If everyone from these schools from draftsmen to architects were exposed only to designing, who then would they expect to get the design built ?

I wonder ?





Or,



Wouldn't it be better to let the 1 to 3-year courses concentrate on how to build buildings [i.e. emphasise on the technical side, with exposures to designing of course] and the longer 4 to 6 year courses concentrate of the finer designing, learn how to lead [or work within] a team of construction experts [e.g. engineers, project managers and cost consultants], exposed to constructional requirements and procedures and, contractual studies; but not to neglect the technical side at the same time ?



It is an old formula but it was proven to prepare graduates for the work force.   But if there were better models then they should be adopted, of course.   But, it was obvious to me at least that the current architectural education models were not very helpful for both the graduates and the employers.



By reviewing the courses, the schools and institution would be able to supply the job market with very employable graduates.  



Because,

the education institutions, and the graduates, can't expect job places to employ these graduates on high salaries and give them fulltime training on the job at the same time.

Most employments are done with aim to obtain commercial gains.   

Fulltime training on the job would not be commercially realistic.   



Furthermore, 

oftentimes I found that on the job many graduates faced reality shocks because they were surprised that being architects and technical support staff in the real world meant that they had to do more than designing.   

Many did not realise they had to coordinate their design with other fellow consultants, schedule their work for the eventual construction and many were also surprised that they had to manage the contract, 

to mention a few "unfamiliar" tasks.  



To train these graduates to realise the reality of the architectural world is hard work for small employers like us, not to mention very costly.   

We would expect relevant exposures were given in school and then continual improvement in knowledge would be gained in the offices.





If only the schools and institutes play their proper role it would help the employers and the graduates greatly.

   

It does not do any good to deceive anyone that each and everyone of these graduates would become designers or architects after a 1 1/2-year drafting course on autoCAD or similar drafting softwares.   And, it would not be that much use if they only learnt to draft on AutoCAD.   It is just a tool like learning to draw with pencil on paper.   It would be more useful to learn how to do basic construction details using AutoCAD etc as a drafting tool.   



Basically, over this short courses, students would be better-off exposed to construction techniques and drafting softwares than just doing designs.   Especially when these students don't even know whether their designs were buildable.





After the initial training and with employable credentials and, with well thought out courses, those graduates who wished to further their studies 3-4 years deeper into architecture would hopefully then have a better understanding of what they should know.   





Hopefully by reviewing the training courses employers would have really employable graduates architects and technical support staff.



The objective of the training, I would imagine, is to get these students graduate with some 'sellable'  or 'employable' knowledge.   Once employed the employers would take over with the training exercise to suit their organisations.

But to expect employers to train graduates from scratch on many basic architectural responsibilites would be very unfair.

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 1/5]

Author's Note:

This paper was compiled and started in 2007 when the Certificate of Completion and Compliance was just enforced but there was still much discussions on its implementation.  It was an attempt to understand the UBBL 1984 as well as its amendments which included the CCC and to share the understanding with engineering students as the audience.  The paper was revised in 2009 and now uploaded to be shared with a larger audience.

Badrul Hisham Mohamad Said 2011

NB: References used for this paper is listed at the end of the series

UBBL 1984

1.0 INTRODUCTION

This paper is intended as an overview of the current legislations governing building and construction industry in Malaysia. 

 

The paper is not meant to be a comprehensive discourse on all the laws concerning property development and construction. Nonetheless, it will give a specific review on the Uniform Building By-Laws, 1984 / Amendments 2007 that had undergone significant amendments, as well as touching on the principal Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 - Amendment 2007, in light of the implementation of the Certificate of Completion and Compliance [CCC].

1.1 LAWS AND THE PROFESSIONALS IN PROPERTY DEVELOPMENT

To understand the extent of the arm of the law in the building and construction industry it is best to illustrate the effects of some of these Acts in a property development. The following is a general idea of the coverage of the various Acts in property development procedures and construction processes:

DEVELOPERS

In order to start a property development on a piece of land, a developer and his consultants, especially the surveyors and town planners and to a lesser extent the architect and engineers, must understand the provisions in the National Land Code, 1965. As an example, before turning a piece of land into a developable real estate, the property developer will need to ascertain the Category of Land Use and Express Conditions and Restrictions in Interest of the said land. The developer must decide whether it will be necessary to convert its Category of Land Use from Agriculture into Building or Industry and to undertake Amalgamation or Sub-division exercise or Surrender and Re-alienation of the land. The developer should also be familiar with the Land Acquisition Act, 1960, if the development involves acquisition of land by the Government for public use or of economic benefits to the public.

As the property developer moves deeper into the development processes and beyond land matters, the developer should be very well versed with Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985. These Acts govern commercial developments of landed and stratified properties and among others the ways to conduct the construction, sale transactions and full development of the properties.

TOWN PLANNERS

Simultaneously, a town planner will start work on a master plan of the proposed development. In addition to the National Land Code, 1965 and the Land Acquisition Act, 1960, the town planner will also need to understand the relevant Acts and guidelines which bound his town planning designs. This is especially true with the Local Government Act, 1976, the Town and Country Planning Act, 1976 and the Environmental Quality Act, 1974. For instance, the requirement for Planning Approval links the Town and Country Planning Act, 1976 directly to the National Land Code, 1965. In this instance, a Surrender and Re-Alienation exercise for the land under the National Land Code, 1965 will not be considered until a Planning Approval is obtained under the Town and Country Planning Act, 1976.

ARCHITECTS

The architect will definitely look at aesthetics and functions as the prime movers of a design. However, the architect must also be as concerned with the requirements of the relevant building by-laws, i.e. with respect to requirements such as access, lighting, health, safety, ventilation, and fire protection. To achieve the balance between good design, great functionality and the law, the architect will need to comprehend the Uniform Building By-Laws, 1984, which was enacted under Section 133 of the Street, Drainage & Building Act, 1974, and the relevant Malaysian Standards governing design parameters such as the quality of building materials and performance, and access for the handicapped.

If the architect is involved with the development from the earliest stages, he must also be familiar with the National Land Code, 1965, the Land Acquisition Act, 1960, the Local Government Act, 1976, the Town and Country Planning Act, 1976 and the Environmental Quality Act, 1974. If the architect is involved with commercial developments, he should also be very well versed with the Housing Development (Control and Licensing) Act, 1966 and Strata Titles Act, 1985, as he will be a party to the certification processes described in these Acts.

ENVIRONMENTAL ENGINEERS

The environmental engineer will also be looking into the Environmental Quality Act, 1974. The Act plays an important role in the protection of the environment. Normally, the environmental engineer will be required to prepare an Environmental Impact Assessment [EIA] report for developments tracts of land over 50 hectares. Nonetheless, only with inputs of other professionals, e.g. architects, civil engineers and planners, who are guided by the various Acts related to their professions, that the environmental engineers would be able produce the EIA report.

CIVIL & STRUCTURAL ENGINEERS

To design the infrastructure and services for a development, a civil engineer will need to know the regulations governing their designs for earthworks, roads and drains, water supply, sewerage and the like. Hence, it will be useful for a civil engineer to be acquainted with some details in Acts such as the Drainage Works Act, 1954, the Irrigation Areas Act, 1953, the Environmental Quality Act, 1974, the Sewerage Services Act, 1993, the Waters Act, 1920 and also the Street, Drainage & Building Act, 1974,

A geotechnical engineer may wish to know about soil properties and the underground nature of the development land, but a structural engineer will work within a prescribed standards and laws in order to design structures.

The structural engineer’s main concern is to ensure the stability and soundness of buildings’ foundations, sub-structures and super-structures, which nowadays are usually of steel or concrete. Additionally, concrete work usually involves additional requirements for the concrete to withstand fire, high impact and, its ability to prevent or water leakages or seepages.

Even though quite a number of structural engineers refer to the British Standards and related British references for their design guidelines, some of these conditions and requirements are actually covered in the Uniform Building By-Laws, 1984.

If the C&S engineer is involved in commercial developments, they should also be very well versed with the Housing Development (Control and Licensing) Act, 1966 and the Strata Titles Act, 1985, similar to the architects, as the C&S engineer will be a party to the certification processes described in the said Acts.

MECHANICAL & ELECTRICAL ENGINEERS

The M&E engineer will be most concerned with the efficient delivery of all of the building services. Their scope of work varies greatly between small buildings, and tall and large buildings. Definitely, for large and tall buildings, the M&E engineer must be very familiar with the Uniform Building By-Laws, 1984, in particular its fire protection system, lighting and mechanical ventilation requirements. In addition, they should also be very conversant with the Factories and Machinery Act, 1967 for guidelines on building transportations such as lifts and escalators, the Fire Services Act, 1988 for additional fire protection requirements, the Electricity Supply Act, 1990, the Sewerage Services Act, 1993, the Communications and Multimedia Act, 1988 and the Waters Act, 1920.

Like his counterparts, the architects and the C&S engineers, if the M&E engineer is involved with commercial developments, he should also be very well versed with the Housing Development (Control and Licensing) Act, 1966 and the Strata Titles Act, 1985, as he will be a party to the certification processes described in these Acts.

BUILDERS AND CONTRACTORS

Builders and contractors are also bound by the same regulations governing the consultants; particularly the Uniform Building By-Laws, 1984 and its principal Act, the Street, Drainage & Building Act, 1974. However, Occupational Safety and Health Act, 1994 [OSHA] and the Construction Industry Development Board Act, 1994 [CIDB] are two of the Acts most identifiable with the construction industry.

For specialist contractors, especially M&E contractors, the Factories and Machinery Act, 1967, the Electricity Supply Act, 1990, the Sewerage Services Act, 1993, the Communications and Multimedia Act, 1988 and the Waters Act, 1920 are very relevant to their work.

The Standards of Malaysia Act, 1995 is the main Act the CIDB refers to in its pursuit for an Industrialised Building System [IBS] wherein CIBD advocates to the industry to adopt a construction process that utilises techniques, products, components, and/or building systems which involve pre-fabricated components and on-site installation. Of particular interest to the construction industry are the standardised Pre-cast Concrete Structural Framing, Panel and Box Systems, Steel Formwork and Framing Systems, Prefabricated Timber Framing Systems and Block Work Systems.

With the implementation CCC, builders and contractors are now required to be responsible and accountable under UBBL and the related Acts for their handiworks.

ABSTRACT

In summary, none of the players in the industry, be they property developers, building contractors or construction professionals such as architects, engineers, surveyors and town planners, can work without being governed or at least taking consideration of or making references to the Acts and Regulations of the land.

The Acts that have been referred herein so far are:

1. Act 56 - National Land Code, 1965

2. Act 117 – Architects Act, 1967 / A1287 Amendments 2007

3. Act 118 – Housing Development (Control and Licensing) Act, 1966 / Act A1289 Amendment 2007

4. Act 127 – Environmental Quality Act, 1974

5. Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007

6. Section 133 . By-Laws of Act 133 - Uniform Building By-Laws, 1984 / Amendment 2007

7. Act 138 – Registration of Engineers Act, 1976 / A1288 Amendments 2007

8. Act 139 - Factories and Machinery Act, 1967

9. Act 171 – Local Government Act, 1976

10. Act 172 - Town and Country Planning Act, 1976

11. Act 318 – Strata Titles Act, 1985 / Act A1290 Amendments 2007

12. Act 341 - Fire Services Act, 1988

13. Act 418 - Waters Act, 1920

14. Act 447 - Electricity Supply Act, 1990

15. Act 486 – Land Acquisition Act,1960

16. Act 508 - Sewerage Services Act, 1993

17. Act 514 - Occupational Safety and Health Act, 1994

18. Act 520 - Construction Industry Development Board Act, 1994

19. Act 588 - Communications and Multimedia Act, 1988

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 2]

2.0 THE LOCAL GOVERNMENT

Before going farther into the discourse, it is best to look into how the many laws governing buildings and construction came into existence.

It was widely believed that in 1974, the second Prime Minister, Tun Abdul Razak, had a vision to make the local governments undertake more than their traditional roles of maintaining public sanitation and general welfare of their residents. He had a vision to turn the local governments into agents or catalysts for industrial, commercial and residential developments. The local governments were also to be turned into effective organisations to bring about development activities within their localities.

2.1 ACT 171 - LOCAL GOVERNMENT ACT, 1976

The aforementioned vision was then drafted into Act 171 - the Local Government Act, 1976. Effectively, Act 171 was a replacement and consolidation of the many separate laws governing local authorities which were inherited from the colonial era:

1. Town Boards Enactment of the Federated Malay States [F.M.S. Cap. 137],

2. Municipal Ordinance of Straits Settlements [Cap. 133],

3. Johore Town Boards Enactment [Johore No. 118],

4. Municipal Enactment of Kelantan, 1938 [No. 20/1938],

5. Town Boards Enactment of Trengganu, 1955 [Cap. 64 3/1955],

6. Local Councils Ordinance, 1952

and a post-independence Act:

7. Local Government (Temporary Provisions) Act, 1973

Under the Local Government Act, 1976, State Government, in consultation with the Ministry of Housing & Local Government and the Election Commission, may set up a Local Authority, make known its status as a Municipal or District Council, declare its area and, define its boundaries.

Currently there are 145 Local Governments or Authorities [including WP/Putrajaya] in the country, of which 98 are in the Peninsular & 22 are in Sabah and 25 are in Sarawak. Of these, 9 are City Councils/Halls [Majlis/Dewan Bandaraya], 37 are Municipal Councils [Majlis Perbandaran], and 98 are District Councils [Majlis Daerah].

These Local Authorities are vested by the Local Government Act, 1976 to control development of the land within their respective areas. The Act also empowers the Local Authorities to involve in social, economic and infrastructural developments, and act as catalysts for industrial, commercial and housing development - in addition to their basic functions to oversee the amenities within their boundaries.

2.2 ACT 172 - TOWN AND COUNTRY PLANNING ACT, 1976

Act 172 - the Town and Country Planning Act, 1976 was proposed concurrent with Act 171 – the Local Government Act, 1976. The former was adopted from the British System of Town Planning (The Development Plan System) as a replacement of the older “Master Plan” System which was found to be inflexible for rapid development of urban areas. The Town and Country Planning Act, 1976 fundamentally instituted a uniform planning legislation which covers all the states.

The Town and Country Planning Act, 1976 sets the framework for Local Authorities to:

1. Formulate Structure Plans - policies on social, economic and physical characters within their boundaries, and

2. Use the same as guidelines for the preparation of Local Plans, which are set to control the use of land and buildings and property developments,

2.3 ACT 133 - STREET, DRAINAGE & BUILDING ACT, 1974

Upon independence, the governmental system for Malaysia was divided into three platforms, namely Federal, State and Local Governments. Prior to the introduction of Act 171 – the Local Government Act, 1976, these Local Governments or Authorities, i.e. the town or municipal councils, had written separate laws and regulations under the provisions of the various pre-independence town boards and municipal enactments and ordinances, mentioned earlier, to suit their local needs and requirements. These varying laws and regulations had created confusions and distress among the industry players. For instance, architects and engineers then had to submit building plans and other documentation of various standards to comply with the variety of Local Authorities’ peculiarities.

To consolidate the differences, many sections of these pre-independence enactments and ordinances of the Local Governments which were related to street, drainage and building were repealed or absorbed into this Act 133 - the Street, Drainage & Building Act, 1974. This Act however is only applicable in West Malaysia.

Since, this Act is the principal Act to the Uniform Building By-Laws, 1984 [UBBL], which is the main topic of this paper, we shall refer to its latest amendments which affect the UBBL directly.

Extracts of Act A1286

STREET, DRAINAGE AND BUILDING (AMENDMENT) ACT 2007

An Act to amend the Street, Drainage and Building Act 1974.

(1) This Act may be cited as the Street, Drainage and Building (Amendment) Act 2007.

(2) This Act shall apply only to Peninsular Malaysia.

Amendment of section 3

2. The Street, Drainage and Building Act 1974 [Act 133], which is referred to as the “principal Act” in this Act, is amended in section 3

(a) by inserting after the definition of “building”

the following definition:

‘ “building plans” means plans that include site plans, key plans, floor plans, sections and elevations as set out specifically in any by-laws made under this Act;’;

Redefinition of Certificate of Fitness for Occupation to Certificate of Completion and Compliance

(b) by substituting for the definition of “Certificate of fitness for occupation, temporary certificate of fitness for occupation and partial certificate of fitness for occupation”

the following definition:

“certificate of completion and compliance”

Redefinition of Qualified Person to Principal Submitting Person

(d) by inserting after the definition of “premises”

the following definition:

‘ “principal submitting person” means a qualified person who submits building plans to the local authority for approval in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;’;

(e) by substituting for the definition of “qualified person”

the following definition:

‘ “qualified person” means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof;’;

Specifically for Structural Engineers

and

(f) by inserting after the definition of “structural plan” the following definition:

‘ “submitting person” means a qualified person who submits plans other than building plans to the local authority or relevant statutory authority in accordance with this Act or any by-laws made thereunder and includes any other qualified person who takes over the duties and responsibilities of or acts for the first mentioned qualified person;’.

Increase of Penalties for Contravening the Act

Amendment of section 70

5. Section 70 of the principal Act is amended—

(f in subsection (11), by substituting for the words “one thousand” the words “twenty-five thousand”;

(g) in subsection (12) —

(i) by substituting for the words “one thousand” the words “twenty-five thousand”; and

(ii) by substituting for the words “one hundred” the words “five hundred”;

(h) in subsection (13)—

(i) by substituting for the words “ten thousand ringgit” the words “fifty thousand ringgit or to imprisonment for a term not exceeding three years or to both”;

and

(ii) by substituting for the words “two hundred and fifty” the words “one thousand”;

Issuance of CCC by the Principal Submitting Person

(l) by inserting after subsection (19) the following subsections:

“Issuance of certificate of completion and compliance

(20) No certificate of completion and compliance shall be issued except by a 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 thereunder.

(21) Before the issuance of a certificate of completion and compliance, it shall be the duties and responsibilities of the principal submitting person to —

(a 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 thereunder;

(b) ensure that the building has been duly constructed and completed in conformity with the approved plans and the requirements of this Act or any by-laws made thereunder and that all technical conditions imposed by the local authority has been duly complied with;

and

(c) ensure that the building is safe and fit for occupation.

The Rights of the Local Authorities to Issue Notice of Compliance to the Approved Plans

(22) Nothing contained in this Act shall affect the powers conferred on the local authority by this Act or any by-laws made thereunder 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 thereunder.

(23) If it appears to the local authority that a noncompliance with the approved plans and provisions of this Act or any by-laws made thereunder 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) a notice in writing, requiring compliance within the period specified in the notice, as the local authority thinks fit, in order that the noncompliance be rectified; and

(b) a directive in writing to withhold the issuance of the certificate of completion and compliance until such non-compliance has been rectified.

Penalty for Contravening the Act on the Issuance of CCC or Allowing Occupancy without CCC

(27) Any person who—

(a) is not the principal submitting person but issues a certificate of completion and compliance;

(b) issues a certificate of completion and compliance without the relevant forms as prescribed in any by-laws made under this Act;

(c) issues a certificate of completion and compliance in contravention of a direction given by the local authority to withhold such issuance pending rectification of any noncompliance;

(d) 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;

(e) 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

(f) occupies or permits to be occupied any building or any part thereof without a certificate of completion and compliance,

shall be liable on conviction to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding ten years or to both.”.

2.4 THE CERTIFICATE OF COMPLETION AND COMPLIANCE [CCC]

The Prime Minister, in 2004, called for a replacement of the Certificate of Fitness for Occupation [CFO] by the Local Authorities with self-certification by construction professionals. The intention was to improve the efficiency of building delivery system. In 2007, the parliament amended among others the Uniform Building By-Laws, 1984 [UBBL] and the Street, Drainage & Building Act, 1974 to effect the issuance of the CCC by Professional Architects or Professional Engineers or Registered Building Draughtsmen [the latter is limited to buildings not exceeding 2-storeys and an area less than 300sqm]. These individuals, who were previously known as the “qualified person”, are now known as the “Principal Submitting Person” [PSP] under the amended Act.

Most importantly, from April 12, 2007 onwards PSPs will issue the Certificate of Completion and Compliance or the “CCC” to legalise the occupation of all buildings as a replacement to the Certificate of Fitness for Occupation [CFO]. Thus, the PSPs are taking over the responsibilities of the Local Authorities [Pihak Berkuasa Tempatan or PBT] to issue CFO.

Hence, all development projects where the Building Plans are submitted from April 13, 2007, will be certified fit for occupation by the PSP without requiring the Local Authorities consent.

Controls on CCC

The government sees it fit for professionals to undertake the CCC system because there is a check-and-balance being introduced in the system in the form of “Matrix of Responsibility”. A total of 21 Certification Forms will be endorsed along the entire constructional process.

These forms are gazetted as Schedules [Form G1 – G21] under the revised Uniform Building By-Laws, 1984 – Amendment 2007.

The relevant sub-contractors and/or licensed trade contractors and the PSP shall certify each of the 21 Form Gs that each stage of the works has been completed in accordance with the Approved Building Plans. Thus, the Matrix of Responsibility with the implementation of the 21 Forms Gs will make everyone accountable for their respective scope of work.

For the implementation of CCC, six [6] Acts were amended. There were the following:

1. Act 117 – Architects Act, 1967 / Act A1287 Amendments 2007

Amendments: Increased penalty for wrongful certification & express provisions on fraudulent certification

2. Act 118 – Housing Development (Control and Licensing) Act, 1966 / Act A1289 Amendment 2007

Amendments: Redefinition to suit CCC & Vacant Possession [VP] issued together with CCC

3. Act 133 - Street, Drainage & Building Act, 1974 / Act A1286 Amendment 2007

Amendments: Provisions for implementation of CCC, definition of Principal Submitting Person & increased penalty for wrongful certification

4. Act 133 – Section 133 - Uniform Building By-Laws, 1984 / Amendments 2007

Amendments: Provisions for implementation of CCC & introduction of Form Gs [Matrix of Responsibility]

5. Act 138 – Registration of Engineers Act, 1976 / Act A1288 Amendments 2007

Amendments: Increased penalty for wrongful certification & express provisions on fraudulent certification

6. Act 318 – Strata Titles Act, 1985 / Act A1290 Amendments 2007

Amendments: Redefinition to suit CCC

Nonetheless, the Local Authorities are empowered to stop the issuance of the CCC in the event of non-compliance with the conditions of the building plans approval and/or the relevant Acts.

Limitations & Exclusions

The issuance of CCC is restricted to technical issues concerning health, safety and essential services. PSP will not be held responsible for getting approvals for non-technical conditions, such as Bumiputera quota, low cost housing and contribution for public facilities – which to be resolved during planning and/or building plans approval stages or via other means. These are to be resolved between the Developers and the Local Authorities.

Objectives of CCC

The CCC, which replaces the Certificate of Fitness for Occupation (CFO), has been put in force to enable smoother deliveries of completed buildings to their eventual owners or users. Specifically, under the revised Acts, the Professional Architect or Professional Engineer or Registered Building Draughtsman of a project who submits the building plans [PSP] will have to issue the CCC before owners can take possession of their properties and live in them.

Professionals Accountable and Responsible for CCC

With the enforcement of the CCC, Professional Architects and Professional Engineers - and staff under them such as graduate architects, engineers and clerks-of-works - and, Specialist Sub-Contractors and Main Contractors are now legally responsible and liable under the latest laws to confirm the due completion and compliance of the building construction to the relevant building laws.

Principal Submitting Person’s [PSP] responsibilities under CCC are as follows:

1. Submit planning and building plans to PBT for approval,
2. Inform PBT of the commencement of construction works on site,
3. Supervise/Inspect construction works on the site and ensuring that the laws and technical conditions of the PBT are followed.
4. Report breaches of construction against approval, explain reasons of breach and perform recovery actions in the event of breach during construction,
5. Present work-resumption notice to PBT,
6. Ensure Forms G1 – G21 are completed.
7. Upon satisfactory completion of the Works and obtaining clearances or confirmation from the six [6] essential services departments, issue the CCC to owners and developers and present a copy to the PBT and the Professional Board

It should be highlighted further that before issuing the CCC, Professional Architects and/or Professional Engineers, as PSP must ensure that:

1. The CIDB registered contractors and licensed tradesmen or personal licensees, such as Electrician, Plumber, Air-Conditioning and Fire Protections System specialists, are informed of their obligations at the time of calling of tenders, and their certifications are obtained upon satisfactory completion of their scope of works.
2. All the certification Forms G1-G21 are duly filled, certified and compiled as part of CCC submission.
3. The Works is completed in accordance with the approved Building Plans (or subsequent revised approved building plans or as-built plans) and the PSP has supervised the works accordingly.
4. Clearances and/or confirmation of supply/connection for Six [6] essential services departments are obtained, specifically from,
1. Tenaga Nasional Berhad [TNB] - confirmation of electrical supply,
2. Water authorities [SYABAS, JBA, LAP, JAS etc] - confirmation of water supply,
3. Jabatan Perkhidmatan Pembetungan [JPP] - confirmation of connection to sewerage treatment plant or mains,
4. Jabatan Kesihatan & Keselamatan Pekerja [JKKP] - clearance from lifts and machinery department,
5. Jabatan Perkhidmatan Bomba & Penyelamat [Bomba] - clearances for active fire fighting systems and,
6. Roads & Drainage Department – [PBTs Internal Departments or JKR].

For a start, it is recommended that all architects and engineers familiarise themselves with the Uniform Building By-Laws, 1984 and the Street, Drainage & Building Act, 1974. However, in this paper, we shall restrict our review on the Uniform Building By-Laws, 1984.

An overview of the Uniform Building By-Laws, 1984 & the Amendments 2007 [Part 3/5]

3.0 THE UNIFORM BUILDING BY-LAWS, 1984

Prior to the gazette of Act 133 - the Street, Drainage & Building Act, 1974, many parties, especially architects and engineers, had to study and implement the varying requirements of the many Local Authorities. To resolve the confusions and frustrations of having too many local by-laws and regulations on buildings, the precursor of the Pertubuhan Akitek Malaysia [PAM], the Federation of Malaya Society of Architects [FMSA], initiated in 1963 the setting up of a Uniform Building Legislation Committee to push for a nationwide uniform building by-laws. A parallel committee also was set up by the Commissioner of Town and Country Planning to come up with a nationwide Uniform Planning Legislation Committee

The said committees did not make much progress then. However, much later, i.e. in the early 1970s, when a number of building-related catastrophe such as the collapse of flats and uncontrolled major fire occurred in Kuala Lumpur, the Ministry of Local Government and Housing then instructed a review of the various building and planning legislations in respond to these catastrophe.

As a result, a draft uniform building by-laws was issued in 1973, with further amendments in 1974.

The Building By-Laws, which was the pre-cursor to the Uniform Building By-Laws, 1984, was based on the existing Kuala Lumpur and Singapore legislations and recommendations from the Building Research Station, UK. The By-Laws were compiled under the provisions under Section 113 - By-laws - in the Street, Drainage & Building Act, 1974.

In 1976, a Uniform Building Regulations Standing Committee, comprising public and private sectors, made a review of the Kuala Lumpur Municipal (Building) (Amendments) By-Laws, 1975 and it was adopted as the model for the draft Uniform Building Regulations. From this effort, the Ministry of Housing and Local Government issued the draft as the Uniform Building By-Law, 1976. 1978 amendments included updates on fire requirements on buildings.

The objectives behind the formulation of the Uniform Building By-Laws, 1984 [UBBL], among others were to:

1. Set a standardized building regulations for the whole of Malaysia and applicable to all Local Authorities and building professionals,
2. Clarify line of legal responsibilities for buildings with clear definitions on the Principal Submitting Persons,
3. Regulate architectural, structural, health & safety, fire protection capabilities and constructional requirements of buildings; with clear references to the approved standards,
4. Expedite the processing and building approvals and occupation of buildings,

It was later gazetted in 1985 as the Uniform Building By-Laws, 1984 [UBBL].

A number of amendments had since been made to the UBBL. Later additions made references to the Fire Services Act, 1988 and compliance to the Code of Practice for Access for Disabled People to Public Buildings, 1991 [with reference to the Malaysian Standard MS1184:1991].

The very recent amendments were drafted in 2007 to incorporate the amendments to the Street, Drainage & Building Act, 1974 with regard to the Certificate of Completion and Compliance [CCC].

3.1 THE MAIN PARTS IN THE UBBL

The UBBL defines the following:

1. PART I - Definitions and interpretations used in the by-laws [By-Laws Sections 1 - 2],
2. PART II - The procedures for submitting plans to the Local Authorities for their approval for permanent and temporary buildings, advertisement and perimeter hoardings [By-Laws Sections 3 - 29],
3. PART III - The required space [dimensions], light and ventilation to be provided in buildings [By-Laws Sections 30 - 47],
4. PART IV - The required temporary works during construction [By-Laws Sections 48 - 52],
5. PART V - Structural requirements and considerations e.g. dead, superimposed and dynamic loads and, structural materials and elements [By-Laws Sections 53 - 80],
6. PART VI - Constructional requirements e.g. site preparation, constructional materials, method of construction and, architectural and related Structural and M&E requirements [By-Laws Sections 81 - 132],
7. PART VII - Passive fire protection requirements [By-Laws Sections 133 - 224]
8. PART VIII - Active fire protection requirements [By-Laws Sections 225 - 253] and
9. PART IX - Miscellaneous definitions and references and, the procedures on reporting on building failures [By-Laws Sections 254 - 258].

There are 10 Schedules listed in the appendix covering the following:

1. First Schedule - submission fees,
2. Second Schedule - standard forms,
3. Third Schedule - ventilation requirements [M&E considerations],
4. Fourth Schedule - weight of materials [structural considerations],
5. Fifth Schedule - designation of purpose group [for building types],
6. Sixth Schedule - limits of unprotected areas [architectural considerations for privacy and fire safety],
7. Seventh Schedule - travel distance, occupancy loads and exits [for architectural and structural considerations],
8. Eighth Schedule - class of materials [spread of flame],
9. Ninth Schedule - limit of compartment and fire resistant of material [architectural and structural considerations] and
10. Tenth Schedule - active fire fighting requirements [M&E considerations].

3.2 THE KEY AMENDMENTS TO THE UBBL (Soon to be gazetted AMENDMENTS 2007)

1. Amendments to By-Law 2 

•  2 (c) “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) “qualified person” means a Professional Architect, Professional Engineer or building draughtsman registered under any written law relating to the registration thereof.
• 2(f) “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) “technical conditions” means conditions pertaining to health and safety issues to buildings and essential services serving the buildings.

2. 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 –
• a. when all the technical conditions as imposed by the local authority have been duly complied with;
• b. 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;
• c. 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
• d. 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.

3. 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,

4. 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

5. Other Amendments

Amendments to By-Laws 3, 4, 5, 6, 7, 10, 16, 17, 20, 29, 48, 77, 249 & 258 consequential to changes of the term submitting person to principal submitting person.

6. AMENDMENTS TO 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 FORMS G1-G21

The FORMS under CCC are as follows:

1. FORM A 

• Certification of Buildings / Structural Plans [for endorsement of plans submitted for approval],

FORM B

• Notice of Commencement / Resumption of Building Operations

3. FORMS G

1. Form G1 

• Stage Certification : EARTHWORKS [on Approved Plans]

Form G2 

• Stage Certification : SETTING OUT [on Approved Plans]

Form G3 

• Stage Certification : FOUNDATIONS [on Deposited Plans]

Form G4 

• Stage Certification : STRUCTURAL [on Deposited Plans]

Form G5 

• Stage Certification : INTERNAL WATER PLUMBING [on Approved/Deposited Plans]

Form G6 

• Stage Certification : INTERNAL SANITARY PLUMBING [on Approved/Deposited Plans]

Form G7 

• Stage Certification : INTERNAL ELECTRICAL [on Submitting Engineer’s Endorsed Plans]

Form G8 

• Stage Certification : FIRE FIGHTING (PASSIVE) [on Approved/Deposited Plans]

Form G9 

• Stage Certification : FIRE FIGHTING (ACTIVE) [on Approved/Deposited Plans]

Form G10 

• Stage Certification : MECHANICAL VENTILATION [on Submitting Engineer’s Endorsed Plans]

Form G11 

• Stage Certification : LIFT / ESCALATOR INSTALLATION [on Submitting Engineer’s Endorsed Plans]

Form G12 

• Stage Certification : BUILDING [on Approved Plans]

Form G13 

• Stage Certification : EXTERNAL WATER SUPPLY SYSTEM [on Approved Plans]

Form G14 

• Stage Certification : SEWERAGE RETICULATION [on Approved Plans]

Form G15

• Stage Certification : SEWERAGE TREATMENT PLANT [on Approved Plans]

Form G16 

• Stage Certification : EXTERNAL ELECTRICAL SUPPLY SYSTEM [on Approved Plans]

Form G17 

• Stage Certification : ROAD AND DRAIN [on Approved/Deposited Plans]

Form G18 

• Stage Certification : STREET LIGHTING [on Approved/Deposited Plans]

Form G19

• Stage Certification : EXTERNAL MAIN DRAIN [on Approved Plans]

Form G20 

• Stage Certification : TELECOMMUNICATION [on Approved/Deposited Plans]

Form G21 

• Stage Certification : LANDSCAPE [on Approved Plans]

4. FORM F

• Certificate of Completion and Compliance

5. FORM F1 

• Partial Certificate of Completion and Compliance