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What Can Building Owner Do If Lost The Original Copy Of Building CCC / CFO

Author: Ir. Dr. Justin LAI Woon Fatt | 30 November, 2022

INTRODUCTION

In a building’s life journey from tendering, construction to completion and occupation, it hardly can escape from the involvement of a massive amount of paperwork. One of the most important documents is the Certificate of Completion and Compliance (CCC) which is previously known as the Certificate of Fitness for Occupation (CFO). CCC is one of the conditions set by the government to ensure that the construction work has been completed and complied with the conditions and standards stipulated which is safe and fit to occupy.

Certificate of Completion and Compliance (CCC) is a new system introduced by the Street, Drainage and Building (Amendment) Act 2007 to replace the Certificate of Fitness for Occupation (CFO) under the Uniform Building By-Laws of the Street, Drainage and Building Act 1974 (Act 133) [1]. CCC is a certificate that is issued only after construction complied with the provisions of the law, the approved building plan, and the conditions set by local authorities in the approval of the building plan. CCC verifies a building is safe and fit for occupation. One of the differences between CCC and CFO is that CFO is issued by only the local authorities, but the new CCC can be issued by any appointed professional which is commonly known as Principal Submitting Person (PSP) such as Professional Engineer with Practicing Certificate (PEPC), Professional Architect, or Registered Building Draughtsman.

IMPORTANCE OF CCC / CFO TO OWNERS

Certificate Completion and Compliance (CCC) is important for building owners to ensure the property is fit and safe enough for habitation. Since there is a clear trail of responsibility and legal consequences for any negligence during construction, it can improve the integrity and quality of work. In Malaysia, it is an offense to occupy a building that has yet to be CCC-certified. If the owner wishes to perform a major renovation, CCC is one of the required documents to be submitted to the local authorities to get the renovation approval permit. Without CCC, it is impossible to obtain the permit, thus renovation work cannot be carried out. Renovation without a permit is deemed illegal and a fine would be imposed on the owner. Also, the loan will not be approved and the bank may not take the added value of renovation without CCC in its official value assessment. As the consequence, the loan margin of the future property buyer might be affected. Moreover, the application for a valid premise business license cannot be done without CCC.

PROCEDURE TO RECOVER MISSING CCC

    1. Request for a finding of CCC copy at local authority or developer
      The owner shall make a request on the finding of CCC copy at local authority (LA) or developer. For application with LA, the owner will need to fill in an application form and will be charged a certain amount for each application, the amount depends on the different LA. If there is no record found, then the owner needs to engage professional building consultants to do proper submissions of the plan for approval until CCC issuance.
    2. Submissions of Plan for Approval
      1. Pre-submission stage
        • Checklist stage
          The owner shall engage professional building consultants in the process of applying for CCC. The consultant will first obtain the checklist from the respective LA. The checklist might differ from each other, depending on the different LA. After getting the checklist, PSP shall gather the required submission documents before the official One Stop Centre (OSC) online submission from the client.
        • Site measurement and design stage
          PSP visits the site to check and take measurement before proceeding to design stage. During site visit, problems such as insufficient setbacks and inadequate fire safety measures might be uncovered. PSP shall discuss with the owner on the need to carry out any demolition, alteration, or improvement on fire protection system to ensure that the building structure complies with the latest requirement. Only then, PSP can start to design the layout. PSP needs to ensure the drawings submitted for approval contain particulars such as location plans, layout plans, setting out details, cross-sections, and, longitudinal sections, etc.
      2. During submission stage
        • Online OSC Submission
          Upon OSC online submission, LA will review and comment on the drawings and documents accordingly. PSP will require to do amendments based on the comments and update online. The OSC will circulate the documents to internal technical agencies such as Building Department (Jabatan Bangunan), Engineering Department (Jabatan Kejuruteraan), and Landscape Department (Jabatan Lanskap). In addition, PSP needs to obtain clearances from the respective external agencies for the issuance of CCC which include but not limited to:
            1. Electrical supply (TNB)
            2. Water supply (Relevant water authorities)
            3. Connection to sewage treatment plants or mains by the Jabatan Perkhidmatan Pembentungan (IWK)
            4. Active firefighting systems (except for residential homes not more than 18m high) (Bomba)
            5. Roads and drainage (JPS/ JKR)
            6. Telekom Malaysia (TM)
            7. Machinery and lifts from Jabatan Keselamatan dan Kesihatan Perkerjaan (JKKP) (if applicable)
        • Hardcopy Submission
          PSP will receive a notification from the system once the submission is approved online. At the same time, PSP will be notified on the total amount of the building plan fee which has to be paid prior to the hardcopy submission as the receipt has to be included during the submission. After that, PSP can proceed with the hardcopy submission of all the documents which can be done at the OSC counter of the LA. The LA may give further comments on the submitted hardcopy and PSP shall amend accordingly with the officers’ requirements until getting approval from all departments and agencies [2].
      3. Site Inspection Stage
        Form A and Form B are submitted at both the online OSC and hardcopy submission stage. The former is submitted for plan approval while the latter is submitted after approval of the building plan to inform the authority on construction operation (if any). After these two forms are accepted by LA and acknowledgement are given, site inspection can be carried out. PSP is responsible for supervising the construction works to ensure compliance with the technical conditions and the provisions of the law. The external agencies will carry out site inspection before giving out supporting letters. The number of site inspections could be one or more, depending on different external agencies. However, the site inspection might not pass at the very first time as external agencies will give further comments that need to be rectified before the next visit. In fact, supporting letters will only be issued after the site inspection has passed. At the same time, the LA retains the right to conduct site visit at any stage of construction or after completion.
      4. Issuance of CCC
        CCC will be issued by PSP when all the documents are in order and all parties concerned are satisfied that the building construction has been supervised and completed in full compliance with the provisions of the law and technical conditions as imposed by the LA. Some types of approval are Bomba Passive/ Active Plan, Building Plan, Landscape Plan, Electrical Supply, Communication Network, Sewerage Plan, Water Reticulation, Planning Permission or Development Order (DO), etc. PSP shall deposit the certified copy of CCC to the respective professional boards and LA within 14 days of issuance together with all 21 supporting forms (Form G) [4].


CONCLUSION
In short, CCC / CFO is an important document to prove that a building is safely constructed and that it is fit for habitation [5]. Losing it or not having it in possession may lead to unwanted and tedious conflicts/ breaches of law when the property’s owners are trying to perform major renovation or sell the property in the future. Hence, it is vital for the owners to have a basic understanding and knowledge of CCC / CFO and how to retrieve their documents if they happened to lose it. Owners should engage an experienced Professional Architect or Professional Engineer with Practicing Certificate (PEPC) to assist them in recovering the CCC.

Ir. Dr. Justin LAI Woon Fatt
CEO/ Founder
IPM Group

References:
[1] MPSP. (2007). Apakah Yang Dimaksudkan Dengan ‘Perakuan Siap Dan Pematuhan?”.
[2] Michael Ang. (2022, April 28). Understand the submission process to local authorities and external technical agencies for property development in Malaysia. IPM Professional Services. Retrieved on 30th November 2022 from https://ipm.my/wp-content/uploads/2022/05/Understand-The-Submission-Process-To-Local-Authorities-And-External-Technical-Agencies-For-Property-Development-In-Malaysia.pdf
[3] Rehda Institude. (n.d.) Certificate of Completion and Compliance. Retrieved on 30th November 2022 from http://rehdainstitute.com/certificate-of-completion-and-compliance/
[4] Board of Engineers Malaysia. (n.d.) Certificate of Completion and Compliance. Retrieved on 30th November 2022 from http://bem.org.my/certificate-of-completion-compliance-ccc-
[5] R. Zakaria, A.I.C. Ani, A.S. Ali (2014) Certificate Completion And Compliance (CCC) For Building Certification In Malaysia: Literature Review. Retrieved on 30th November 2022 from https://www.matec-conferences.org/articles/matecconf/pdf/2014/06/matecconf_bsfmec2014_01021.pdf


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