Previously, Certificate of Fitness for Occupation (CFO) was issued by the Local Authority whereas under the new system the Certificate of Completion and Compliance (CCC) will be issued by the PSP. However, the responsibility for the safety of the building, whether during construction or after the completion of the building as per section 71 of Act 133 (1974) which, inter alia, includes the person submitting the Building Plan (PSP), still remains under the new system.

To ensure continuous responsibility by the concerned parties, the new certification system also introduces an improved control process on all the parties involved in the building construction under the Stage Certification process which is based on the principle of Matrix of Responsibility. Under this concept, every building component is placed under the responsibility of the professionals, contractor, or trade contractors. This essentially means that even though the PSP is responsible for the overall construction of the building, the other parties are also held responsible in their respective areas of work on the building. To cite an example, the responsibility for structural works rests with the Engineer as well as the contractor that carries out the work. The PSP can only issue the CCC when all the building components are fully certified by the various parties. In this case, even if the Professional Architect who functions as the PSP deceased or cannot be traced after the CCC issued, the responsibility for the building structure that is being erected remains with the Professional Engineer.

This element of ‘check and balance’ will assist in minimizing the risk or implication that arises in the event that the PSP deceased or cannot be traced after the CCC is issued.

The process for acquiring certification for each building components is carried out progressively as and when the particular component is completed at the site. As such, the issuance of the CCC is well within the control of the PSP. Furthermore, the issuing period will be more assured since the involvement of the Local Authority in the CCC issuing process is minimal. However, the role of ‘check and balance’ assumes by the Local Authority remains and, similarly, the power of the Local Authority to ensure the safety of the proposed building is not affected under the new system.

Under the new system, the PSP can issue the CCC immediately after he is satisfied that the construction has fully complied with the provisions of the law and the technical conditions imposed. Whereas under the CFO system, once satisfied with the construction, the Submitting Person (SP) shall submit an application to the Local Authority for verification and for on-site inspection before the CFO could be issued.

The basic premise underpinning the CCC system is that only those who are most knowledgeable and possesses the expertise on building development project are bestowed the authorization to certify the safety and comfort of the building by the issuance of the CCC. The PSP represents the person most conversant and familiar with the particular project, given his competency and direct involvement in all stages of its development; that is, from that of planning, to actual construction and completion of the said project.

A new provision has been introduced relating anybody to the offence of knowingly making or producing any false or fraudulent declaration, certificate, application, or representation of any form prescribed under the law. The penalty for this offence carries a fine not exceeding RM250, 000.00 or a jail term not exceeding 10 years or both.

Under the common law, the Local Authority still has a duty of care to ensure that the building is safe and fit for occupation.

Under the new system, the Local Authority still has a role and responsibilities in the CCC issuing process as provided for under the new subsection 70 (23) and (24) of Act 133. Under subsection 70 (23), the Local Authority is empowered to issue written notice to the PSP and SP to rectify any non-compliances besides the power to issue written notice to the PSP to withhold the issuance of the CCC until the non-compliance is rectified. While under the new subsection 70 (24), 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.

Additionally, the Local Authority also possesses the authority under section 85A of Act 133 to direct that a periodic inspection shall be carried out by the building owner after 10 years from the date of issuance of the CCC for the building.

The aggrieved party is not excluded from taking any civil action against the Local Authority, albeit the immunity provided to Local Authority under section 95 (2) of Act 133. This is based on previous court judgement which cited that the Local Authority has a duty of care towards third party.

To prevent the wrongful use or abuse of power by the professionals, the new system has introduced the concept of matrix of responsibility where clear control is provided for through the use of 21 stage certification forms.

In addition, to reinforce this control, the professionals are also governed by their respective Professional Acts and Professional Boards.

At this point in time, the PII is not mandatory for the Engineer or Architect. However, it has been known that some professionals have taken such insurance to protect themselves.

Both the Professional Boards are currently studying the feasibility of making the PII mandatory for the professionals without adding the burden to buyers.

The CCC can now be issued simultaneously with the issuance of the notice of Vacant Possession (VP). This can overcome the problems and implications often associated with CFO where the home buyer obtains the house keys but cannot occupy them because the CFO has not been issued yet.

With the introduction of the matrix of responsibility process, the elements of accountability and transparency will be further enhanced whereby action can now be taken against those responsible in the event of failures or defects to the building. As such, the quality of building works is will be more assured.

For related work and non-compliance with legal requirements, the Local Authority can take action to issue a notice of non-compliance and correction of non-compliance or instructions to withhold the issuance of CCC.

If the scope of the road work involves the supervision of JKR, a confirmation letter from JKR is required for Form G17. On the other hand, if the scope of work involves the Local Authority’s supervision, a confirmation letter from Local Authority is required. If the scope of road work involves both Local Authority and JKR agencies, confirmation letters from both agencies are required.

In accordance with the KSU KPKT Circular dated 15 August 1995 Regulations on Federal Buildings Construction in Local Authority Areas and follow-up circular dated 14 June 1999, development proposals managed by executing agencies are exempted from obtaining Certificate of Fitness for Occupation (CFO) or Certificate of Completion and Compliance (CCC). The Building Plan is submitted as a record. However, if the building to be constructed requires a CCC, the building plan submission process must comply with UKBS 1984.

In the CCC system, each consultant, contractor, or trade contractor verifies and certifies that the 21 relevant construction components complied the specifications and plans during construction. The responsibility lies entirely with the person who verify and sign the relevant forms. If there is a failure during construction, the responsible party can be identified.

OSC Committee Meetings are held at least once every 2 weeks. The handling of non-compliance can be handled through the aspect of clear devolution of authority from the Local Authority to the YDP or Technical Director.

The CCC is solely responsible for professionals and competent persons, while for the contractors or trade contractors, the signatures and registration numbers of the regulatory body are sufficient.

The act relating to consultants prohibits the practice of professionals who are not registered with the relevant Board. Only valid consultants who registered with the Board can execute CCC.

Confirmation / supporting letter is only required to complete forms G8, G9, G11, G13, G14, G15, G16, and G17.

For projects that have received plan approval but have not been built, Form B (notice to start/ resume of building work) must be submitted before the on-site work is started. Failure to submit Form B should not be associated with the issuance of the CCC. Local authorities can take separate action for such failures.

Based on the circular issued by the Board of Architects Malaysia and the Board of Engineers Malaysia on appendix A, B and C regarding the submission of plans by Professional Architects and Professional Engineers, Professional Engineers are not eligible to issue CCC for residential buildings/ housing projects.

The building plans of a detached house submitted to Local Authorities after 12 April 2007 are subject to the CCC system. There is no CCC exemption for a detached house.

Partial CCC is not applicable to the housing project, (Act 118) does not refer to F1.

In accordance with Act 133, site visits by Local Authorities are not mandatory.

Compliance under the Street, Drainage And Building (Amendment) Act 2007 – Act A1286 stipulates the responsibilities and protection of all parties related to the CCC.

In any development project in the Local Authority Areas, Form B must be submitted to the Local Authority as a Notice to Start or Resume Building Work when the work is going to be started. Form B is a legal requirement in the Uniform Building By-Laws 1984.

In the CCC system, the Principal Submitting Person (PSP) is defined as a qualified person (professionals) who submits the Building Plan to the Local Authority for approval and only the PSP is eligible to issue the CCC. Only three categories of professionals are eligible to issue CCC, namely Professional Architects, Professional Engineers, and Building Draughtsman  (for buildings not exceeding 2 storeys and not exceeding 300 square meters or any other conditions imposed by the Board). Referral can be made to the respective Boards to confirm whether they are eligible to be a PSP in implementing a project.

The implementation of the CCC is applicable to all types of buildings that have been submitted building plans to the Local Authority after 12 April 2007. There are no exceptions even if the building site has been approved by the Land Office. However, development proposals managed by executing agencies can be exempted from obtaining a Certificate of Fitness for Occupation (CFO) or a Certificate of Completion and Compliance (CCC) which is currently in force. The building plans are submitted as a record. However, if the building to be constructed requires a CCC, the building plan submission process must comply with UBBL 1984.

For Forms G that are related to the project and require a confirmation letter, Forms G is considered incomplete and CCC cannot be issued if the confirmation letter is not attached.

If the road is under the jurisdiction of the local authority, a confirmation letter from the Local Authority must be attached together with Form G17. On the other hand, if the road is under the jurisdiction of JKR, a confirmation letter from JKR must be attached. If there are roads that are under the jurisdiction of the Local Authority and JKR, the confirmation letter from both parties must be attached.

Compliance with the technical requirements of Local Authority is one of the 4 main conditions for CCC issuance.

If the CCC has not been issued yet, then the Local Authority can issue a notice of non-compliance, and if the CCC has been issued, the Local Authority can take action according to subsection 70 (13) of Street, Drainage And Building Act 1974 (Act 133).

In accordance with UUK 25 (3) UBBL 1986 [Sel.P.U 26/1985] (Amendment 2007), copies of CCC and Forms G are deposited to the Local Authority within 14 days from the date of issuance of the CCC. This means that on the day of the deposit, the CCC has been issued to the owner and the Local Authority has no authority to reject the deposit on the grounds that the documents are incomplete and invalid until proven otherwise.

There is no specific time period that has been set for the Local Authority to take action according to the law.

It will not invalidate the issuance of CCC.

There are no legal implications if the form is not officially stamped with the company logo.

CCC is based on the concept of empowerment to PSP and PSP using the powers that have been given in self-regulation. However, local authorities who act as planning authorities still have a duty of care under the common law to ensure that the buildings built are safe and fit for occupancy. To carry out this responsibility, local authorities are given new powers to monitor the implementation of building construction in accordance with subsections 70 (23) (a) and (b) of Act 133 (Amendment 2007), Act A1286.

In accordance with UUK 25 (3) UBBL 1984 (amended 2007), the Local Authority can take prosecution action.

In accordance with UUK 25 (3) UBBL 1984 (amended 2007), the Local Authority can take prosecution action.

Local authorities can take action under subsection 70 (27) of Act 133 (Amendment 2007) – Act A1286 and inform the relevant Board for disciplinary action if relevant.

The confirmation on Forms G is sufficient to confirm accountability.

It is not required by law.

If it involves the design of a mechanical ventilation system such as centralized air conditioning, the mechanical engineer shall be responsible. If it does not involve a mechanical ventilation system such as a split air conditioning unit or window unit, the consultant who designs the electrical wiring shall be responsible.

In accordance with the Second Schedule of UBBL 1984 (amended 2007), there are 8 G forms that need to be attached to the confirmation / supporting letter, namely, G8, G9, G11, G13, G14, G15, G16, and G17. Other forms are not required to be attached with the confirmation / supporting letter.

The verification of G forms is sufficient to confirm accountability.

Applicants only need to deposit a copy of the CCC or Partial CCC, copies of the completed G forms and confirmation / supporting letters for the relevant forms simultaneously within 14 days from the date the CCC or Partial CCC is issued. There is no legal requirement for copies of G forms to be submitted in stages to the local authority during construction.

Concept 1 Phase 1 CCC is not specifically stated in the law but has the following implications: For housing development, a phased concept is implemented to enable each part of a development to be issued a Certificate of Fitness for Occupation (CFO) that can be occupied before a development proposal is fully completed. The phased housing developments will involve the issuance of several CCCs depending on the number of phases. To highlight that 1 phase 1 CCC is given priority in housing projects because the law governing housing does not refer to Partial CCC (F1). For developments other than housing, the Partial CCC may be applicable provided all the prescribed necessary services have been complied with.

Amendments need to be made to the Development Order Plan and Building Plan to reflect that the development is divided into 2 phases as well as to enable the completion of the sale and purchase agreement and the issuance of the CCC in the later stage. There is no amendment to the infrastructure plan if there is no amendment to the scope of work.

The requirement to As Built Drawings is subject if there are amendments to the original approved plans. Submission of As Built Drawing is not one of the conditions of CCC issuance.

The use of Form F which is CCC for a single house (bungalow) built separately only applies to projects where the building plan is submitted to the local authority before 12 April 2007. For building plans submitted after 12 April 2007, the CCC method through the UBBL (Amendment) Act 2007 is applicable to all types of buildings.

In accordance with the KSU KPKT Circular dated 15 August 1995 Regulations on Federal Buildings Construction in Local Authority Areas and follow-up circular dated 14 June 1999, development proposals managed by executing agencies are exempted from obtaining Certificate of Fitness for Occupation (CFO) or Certificate of Completion and Compliance (CCC). The Building Plan is submitted as a record. However, if the building to be constructed requires a CCC, the building plan submission process must comply with relevant legal provisions.

At the CCC issuing stage, all basic services such as water and electricity are ready for connection. At this stage, the consultant certifies that the infrastructure is ready to receive services and supplies are already in place for the connection. Usually, the connection will be made once the buyer pays the quit rent.

Need to submit Form G1 only once under Phase 1 development. For subsequent phases, insert Phase 1 Earth Work approval reference no. and PSP to certify “Not Applicable” on the respective Form G1. The project title shall be the approved BP title for each phase. 

Submit separate Forms G3 in accordance with the Contracts scope of work. If piling and pile cap is constructed by Contractor A while the raft foundation is by Contractor B, then submit 2 separate Forms G3.

Submit separate Forms G4 only if there are different SPs involved.

Form G17 as this constitutes access to the development.

Pumping station for water is under Form G13 and for sewerage under Form G15. Forms are to be signed by Civil Engineer.

Form G4.

Need to submit Form G13, G14, G17 and G19 only once under Phase 1 development. For subsequent phases, insert Phase 1 approval reference nos. for the respective works and PSP to certify “Not Applicable” on the respective Form G13, G14, G17 and G19. The project title shall be the approved BP title for each phase.

If the specialist trade contractors are registered with CIDB, then they may sign the Form Gs. Otherwise, the main contractor shall sign the relevant Forms G with the required CIDB registration no. For both instances, the main contractor remains responsible to the owner contractually. Trade contractors who sign the Form Gs are responsible and liable for portion of works constructed, however they must be registered with CIDB and other relevant body, if any. Contractually the main contractor remains responsible to the owner.

Clearance letter from LLM is not required to sign off and issue Form G. Letter of Clearance for form G17 are required from Local Authority and JKR if the work constructed falls under both authorities or from either authority depending on the jurisdiction the work falls under.

Submit Form G4 under Phase 1 BP title and certify “Not Applicable” for other phases where applicable.

The SP for the STP shall be responsible.

The PSP.

CCC was enforces for building plans submitted for approval after 12 April 2007.

The CCC replaces the Certificate of Fitness for Occupation (CFO) previously issued by the Local Authority. The fitness of complete buildings is now certified by professional.

To allow only the professional to certify fitness of completed building and to promote self-regulation among professional.

CCC is applicable to projects where the building plan is submitted for approval after 12 April 2007.

Fresh submission of building plans whilst earlier approval revoked.

One of the 4 conditions of issuance of CCC is the completeness and readiness of the G form.

CCC shall be issued when all technical condition have been duly complied with Forms G duly certified, essential services duly provided and supervision of erection and completion of building duly certified by PSP.

Non-technical conditions are not required by Local Authorities.

Forms G are downloadable and should not be amended because these are legislative forms.

For projects where the building plans submitted to Local Authorities after 12th April 2007 the projects fall under the CCC regime.

Ready for connection defines a development stage whereby the infrastructure to accept utility is duly completed and supply is already available ready to be connected to the infrastructure at the stage of issuance of CCC, utilities services are at the stage of ready for connection.

If applicable, 8 clearance letters are required for G8, G9, G11, G13, G14, G15, G16, and G17 respectively.

The PAM Contract 2006 is a standard building contract designed to be used by the Employer and Contractor in the construction of building. Its provisions deal only with the respective contractual rights and obligations of these users and have nothing to do with the CCC which is a statutory matter.

By Law 25(3) UBBL 1984 (amendment 2007) stipulate that PSP shall within 14 days from issuance of CCC or Partial CCC, deposit the certificate with the said Local Authority and relevant Professional Board.

The main contractor who enters into the contract to construct the building should be the party who signs the Form G.

The Turnkey contractor who enters into a design and built contract, regardless whether the architect is engaged by him or by the owner, should be the party signing Form G. He can choose to employ all the sub-contractors to carry out various parts of the building construction but should be held liable.