A literature review

Abstract

At the beginning, a literature review was conducted to identify the different between implementation of Certificate of Completion and Compliance (CCC) and Certificate of Fitness for Occupation (CFO). The certification process and conditions for the issuance of both certificate is studied. Besides, the forms used in both systems are studied. The problem of the implementation of CFO is clearly identified in the literature review.

The comparison for both systems is based on the simplification of certification process, impact to the corruption level, impact to the foreign investment, integrity of architects, efficiency of public delivery system, attitude of officer in local government, overall duration of the project, duration of the house buyers to occupy their houses, and impact to the quality of works.

In order to find out the information to support research title, questionnaire survey was conducted. The result of the analysis showed that the implementation of CCC is better than the implementation of CFO form the architect’s viewpoints. Therefore, conclusion has been drawn.

Chapter 1: Introduction

1.1 Problem Statement

The Government has an intention to create a more efficient public delivery system and reduce bureaucracy or red tape in local government with the implementation of CCC. Besides, implementation of CCC will provide better protection for house buyers. As a person that important role in housing development, what are the opinions and viewpoints of the professional architect after the CCC was implemented for two year and a half years in the industry. Is the implementation of CCC creates positive impacts to the housing industry. Question on “Is the CCC system is better than the CFO system?” is the main issue that needs to discuss in detail in this research.

1.2 Research Aim

The aim of this research is to compare the implementation of CCC and implementation of CFO in housing development projects from Architect’s viewpoint.

1.3 Research Objective

The objectives of this research are:

• To study the differences between the CFO system and CCC system.
• To find out the impact of the implementation of the CCC to the housing industry.
• To study the problem of the CFO system.

1.4 Introduction/ Background Study

Certificate of Completion and Compliance (CCC) came into force on April 12, 2007 in order to replace the Certificate of Fitness for Occupation (CFO). REHDA believes that implementation of the CCC would cause the technical aspects to be separated from the non-technical issues, increase efficiency and expediency in the construction of projects. Delays in construction and compliance costs can be reduced and house buyers will stand to benefit from CCC system. (Ng, 2007)

Former Housing and Local Government Minister Datuk Seri Ong Ka Ting clarified that local authorities would not lose their power with the enforcement of the CCC. He said that under existing laws, local authorities would still have the power to stop the principal submitting person from issuing the CCC if they find any non-compliance of the work. “Local authorities will still have to power to check buildings and ensure that the developers follow all the rules and regulations,” he said. (The Star, 2007)

PAM fully supports the government’s decision to eradicate the local authorities issued CFO in 2006, when it will be substituted with the CCC to be issued by the professional architects to improve the efficiency and competitiveness in the public delivery system of the building industry. (Lai, 2007)

1.5 Benefit/Importance of Study

The government can compare the result from the research with intention to determine the success of the new policy. The Government can know about the problem faced by the architects in the industry. Besides, the architects can realize about the opinion and viewpoint from other Architects about the CCC systems. Apart from that, the house buyer can have a detail comprehend to the CCC system.

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1.6 Scope of Study

The main focus of this research is to compare the implementation of CCC with the implementation of CFO. The study population will be limited to the professional architect. This is because professional architect is the most important person and act as PSP in most of the housing projects in Malaysia. The research will focus on opinion and viewpoint from the professional architect about the efficiency of the CCC system.

The sampling population is the professional architects in the Klang Valley. This is because Klang Valley is one of the rapid developing areas in Malaysia. There are many architect firms in this area. The responds from the Architects selected may not fully represent the all Architects in the Malaysia.

1.7 Research Methodology

1.7.1 Questionnaire

Questionnaire is my research methodology in this study. For this section, a set of question to be prepared and the questionnaire will been sent to the Architect firms by e-mail where the e-mail address of the Architect firms can obtain from http://vps.lam.gov.my/lam_ims_member/ index.php.

Due to the time constraint, it is expected to receive only thirty sets of questionnaire from the respondents. So, a hundred and twenty sets of questionnaires will be sent to achieve this target. The quantitative analysis method is use to analysis the data collected from the Architects.

1.8.3 Literature Review

A comprehensive review of the relevant literature including a computer assisted search will be undertaken in order to develop an understanding of provisions works relating to the “Certificate of Completion and Compliance” in construction. Materials have been selected based on the objective of the study. The following sources are found to be useful in providing an insight into the research topic:

• Journal published by professional bodies.
• Organization website such as PAM, LAM, REHDA, and HBA.
• All the magazine, pamphlet and articles are obtained from the organizations.

Chapter 2: Comparison between Certificate of Fitness for Occupation System (CFO) and Certificate of Completion and Compliance System (CCC)

CCC was implemented with intention to cut down on red-tape and ensure that house buyers and building owners get to move in as quickly as possible without compromising their safety (PAM, 2007). This system is consistent with the government’s desire to encourage a self regulation approach which was introduced in the new National Economy Growth Planning strategy. This effort reflects the government’s commitment to continuously enhance the service delivery system (The Malaysian Bar, 2007). In the past, LA will issue CFO after it has received application form (Form E) submitted by the Submitting Person.

Several barriers were found in the process of the submission and receipt of the Form E by the LA. According to the PAM, the issuance of the CFO then poses many problems, such as delay in certification by technical agencies, additional conditions imposed by LA at the time of CFO application and lack of technical officers to process the CFO. CCC will only address technical aspects and so far as these are complied with and there is no apparent threat to safety then it can be issued.

2.1 Certificate of Fitness for Occupation (CFO) System

The Certificate of Fitness for Occupation (CFO), an official document issued by the LA to acknowledge that a certain building is safe to be occupied. CFOs are issued to ensure that every house built conforms to the various prerequisites, approved layout and building plans and the by-laws.

According to the Uniform Building By-laws 1994 (UBBL), no one can occupy or be allowed to occupy any part of a building unless a CFO or a temporary CFO has been issued. This is to make sure that owners do not move into houses that are unfit for human occupation.

At the beginning of the development process, even before the local council approves the building plans, the latter have to be channelled to the following technical departments for scrutiny, such as:

• Jabatan Kerja Raya (Public Works Department)
• Jabatan Bomba dan Penyelamat (Fire and Rescue)
• Indah Water Konsortium
• Jabatan Perairan & Saliran (Drainage & Irrigation)
• Tenaga Nasional Bhd
• Jabatan Kesihatan (Health Department)
• Jabatan Bekalan Air (Water Supply Department)

According to the Wang (1987), the local council whilst processing the building plans awaits the approval of the various plans by the various relevant departments. When all such the Acts/By-laws/Regulations, or by way of granting waivers to some specific areas that do not comply to the Acts/By-laws/Regulations due to acceptable reasons, the building plans can thus be approved. Normally one or more correction notices are sent by the Building Department to the applicant for the necessary corrections. The process usually takes a considerable period of time to complete.

After the other requirements and formalities have been fulfilled, the developer/contractor then proceeds to build the houses. A registered architect supervises the building process. He also certifies the various stages of construction to the developer. So, the developer can pay the interim payment to the contractor.

2.1.1 Inspection on Completed Project

When the construction is completed, meaning that the building, infrastructure and facilities for providing utilities (such as water reticulation and electricity sub-stations) are all in place and commissioned by the relevant authorities, the “Practical Completion” can be certified by the architect. Letters of support (surat sokongan) should obtain by the architect from the various technical departments, namely Building Department, Planning Department, Road & drainage, landscaping, safety & health, etc, certifying that the requirements for each respective department are fulfilled.

Notice requesting inspection of the buildings for the issuance of the CFO should be lodged with the building authority so that final inspection may be carried out by the relevant authority. The relevant authority will inspect the buildings and the services to make sure they are constructed and installed in accordance with the approved drawings and in compliance with Acts, By-laws, Regulations and other special requirements as endorsed on the Development Order.

The inspection by various Departments/ Divisions is a time consuming process, as the various inspections are usually carried out separately. After the inspections are carried out, the various departments will issue the latter of support to the architect. The architect will then submit application form together with all the letters of support, to the local council to apply for the issuance of the CFO.

2.1.2 Issuance of Certificate of Fitness for Occupation (CFO)

Upon submission of Form E, the LA will have to reply whether to accept or reject the application of CFO within 14 days. In the event any of the departments do not issue latter of support to the said development, the local authority will reject the application within that 14 days and the developer have to go through the whole process again from submitting a fresh copy of Form E.

In summary, the CFO is issued by the local authority after:

• the local authority receives the form E (UBBL) from the submitting person
• compliance of all requirements set up by the LA
• related technical agencies’ support letter are received
• LA has visited the site.

2.1.3 Problem of CFO System

The objective of Government control on issuance of CFO is to ensure the regulating of standard of building including fire-prevention, provision of services, the standard of roads, drain and lighting. So the construction of building can be carried out in a systematic and orderly method.

Yet on the other hand, in the process of issuance of CFO, it has imposed institutional rigidity and created procedural formality and red-tape, thus resulting in delay. On the question of discretionary power provided under the statutes, this can also go to extremities in freely exercising discretion or unwillingness to use discretion. In either case, it is not beneficial to the building process.

The CFO system was overly cumbersome, time-consuming and subject to abuse. It was not unusual for inordinate delays to occur due to many factors including:

• Noncompliance by the developer for the submission of Form E and its enclosures to the LA.
• Additional conditions imposed by the LA at the time of application of CFO.
• The involvement of many technical agencies and the lack of technical officers to process the CFO.

2.1.4 Effect of CFO System to the House Buyer

As the name implies, the CFO is a document that declares that a house is fit for occupation. Hence, without it, a buyer is not allowed to occupy his newest possession. It would not be unfair to say that most house buyers in Malaysia have been faced with the problem where they obtained the keys to their brand new homes but were unable to move in because there was no CFO.

The rule in the Housing Development (Control and Licensing) Regulation 1966 allows developers to hand over “vacant possession” of houses to the house buyers even though the CFOs have not been issued. The distressing fact is that house buyers are forced to accept the keys to their new homes, although the CFO have not been issued. The Housing Development (Control and Licensing) Regulation 1966 stipulates that in the event of buyers failing to take over vacant possession 14 days after being notified by the developer, they are deemed to have taken over vacant possession of the houses. (National House Buyers Association, 2002)

The irony is that they are not allowed from moving into their new homes because the CFOs have not been issued. As the result, from the date they take over or are deemed to have taken over their houses, they are full responsibility for the property. (National House Buyers Association, 2002)

2.1.5 Types of Form under CFO System

Form A (Certification of Buildings/Structural Plans) to be submitted to the Local Authority for endorsement on plans to be submitted for approval. The submitting person wills certify the details in the plans are in accordance with the requirements on the town planning and building requirements. The submitted person wills accept full responsibility accordingly.

Form B (Notice of Commencement/Resumption of Building Operations) to be submitted by the submitting person to the Local Authority to inform the local authority of the intention to commence or resume building operation according to the approval plans.

Form C (Notice of Completion of Setting Out) to be submitted to the Local Authority by the submitting person to certify that the setting out of the buildings is according to the approved plans. The submitting person will accepts responsibility of ensuring that the setting of the buildings will be in accordance with all the town planning and building requirements of the Building By-Laws.

Form D (Notice of Completion of Foundations) to be submitted to the Local Authority by the submitting person to give a notice to the local authority that the foundations of the buildings have been completed according to the approval plans. The submitting person will responsible that the works are compliance with the Building By-Laws.

Form E (Application Form for Issue of CFO) to be submitted to the Local Authority by the submitting person to apply for CFO. The submitting person will certify that the buildings have been completed in accordance with the approval plan. Besides, the submitting person will also certify that supervision of the erection and completion of the buildings had been carried out under his control are in accordance with the approved building and structural plans and generally in accordance with the specifications and sound engineering practice. He will accept responsibility accordingly for those portions with which he respectively concerned.

2.2 Certificate of Completion and Compliance (CCC) System

Certificate of Completion and Compliance (CCC), a new term introduced by the Street, Drainage and Building (Amendment) Act 2007 (Amendment Act), which enforced by the government on April 12, 2007. The CCC is introduced by the government to replace the CFO.

The new CCC is issued by the private sector based on self-regulation. LAs transfer the responsibility to professionals. The professionals that can issue the CCC are architects, engineers and building draftsman. It looks for, cut red tape or bureaucracy in local government, enhance the efficiency of the public delivery system and provide better protection for house buyers. The CCC applies to new projects after the enforcement date while the project commenced before the enforcement date will still be issued with CFOs.

Under CCC Issuance System, Development Order approval process and building plan approval process are still required. Development Order must obtain from the LA before the construction of the building is commenced. Besides, the building plan must approved by the all relevant technical agencies before the construction is commenced.

2.2.1 Principal submitting person (PSP)

The CCC will be issued by a (PSP), which is a major change in the new system. The PSP is a professional who submits building plans to the LA for approval and registered under the relevant law relating to registration such as Architects Act 1967 or Registration of Engineers Act 1967(Revised 1974). Roles and responsibilities of PSP under implementation of CCC include the following:

• Present building plans to LA for approval
• Standardise preparations and presentation of building plan and other necessary plans
• Inform LA before commencement of construction operations at the site
• Supervise works at the site and ensure the compliance of the laws and technical requirements of the LA
• Report building breaches, explain reasons of breach and state recovery actions in the event of breach during constructions
• Present work resumption notice to LA
• Ensure non-compliance matters during construction such as rectification in the LA to PSP notice before the CCC is issued
• Issuing CCC to owners and developers and presenting a copy of the CCC to the LA and the relevant Professional Board
• Ensure verification of G forms are completed and in order and presenting a copy of the G forms to the LA and relevant Professional Board

2.2.2 Matrix of responsibility

Under CFO system, the roles and responsible of the various party is not clearly indentify. To resolve this problem, stage certification is introduced according to the various stage of construction work. The process is based on matrix of responsibility.

Ong (2007) notes that the implementation of CCC has introduced a matrix of responsibility to make all parties involved in the construction process accountable and responsible for their respective works. With the introduction of G forms whereby technical personnel are required to certified their respective work, these technical personnel will no longer able to load the responsibility to the architect or engineer who for practical reason cannot be checking every details on site. This has been practiced in Australia as the self regulatory system and it has been effective in producing the quality end product of building works. This process helps to identify and call to attention the various parties responsible in the complex delivery process of buildings.

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The CIDB registered contractor, licensed specialist contractors and professionals will now be called upon to take responsibility for their portions of the works. For example, the stage certification for internal sanitary plumping is certified by the sub-contractor (licensed plumber), and the professional architect or professional engineer. The professional is depending to the person who prepares the sanitary plumping drawing. There is possible time saved from previously having to the submitting of the application form for apply CFO.

If a plumber certified internal sanitary plumping works is found to be defective or using substandard components not according to specification, he can easily be traced under this system for which action can be taken by authority such as suspension or de-registration of the plumber’s licence. The same goes to other tradesmen or contractors. The introduction of this matrix of responsibility marks a new milestone in the self regulation of quality building works and hence quality property that should be the culture of the whole construction industry.

For the purpose of inspection the non-compliance of work from the local authority, the PSP may inform the LA when the completion of the main construction stage. The three main construction stages are:

• Sub-structure work (Form G1-G3)
• Super-structure work (Form G4-G12)
• Internal and external services (From G13-G21)

2.2.3 Inspection by Local Authority (LA)

According to the Street, Drainage and Building Act (Amendment 2007) (Act A1286), the LA is empowered under section 85A to direct inspection to be carried out on the building by the owner 10 years after CCC has been issued for the said building. The LA may inspect the building site at any time on its own initiative or due to complaints. Under section 70(23) of the Street, Drainage and Building Act (Amendment 2007) (Act A1286), in the event of failure to comply with the approved plans, the Act or by-laws in the erection and construction of the building, the LA may issue to the PSP:

• A written notice requiring compliance within a period in the notice specified by the LA
• A written directive to withhold the issuance of CCC until the non-compliance has been rectified.

2.2.3.1 PSP Rectify Non-compliance

Under section 25(6) of the Uniform Building By-Law (UBBL) (Amendment 2007), after the receipt of the notice issued by the LA, the PSP shall within twenty-one days (21) or period approved by the LA rectify the failure or non-compliance. After the PSP 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.

The UBBL (Amendment 2007) states that upon receipt of the notice, the LA shall within fourteen days (14) inspect the building to confirm that the failure or non-compliance has been satisfactorily rectified. When the LA is satisfied the rectification of the failure or non-compliance, the LA shall issue a written directive to the PSP to issue the CCC or partial CCC.

When the LA does not carry out the inspection of rectification works within the period, the LA is deemed to be satisfied the rectification works of the non-compliance.

2.2.3.2 PSP Does Not Rectify the Non-compliance

When the failure or non-compliance is not rectified by the PSP within the specified period, the LA 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. The cost for executing such work shall be borne by the owner of the building.

The CCC or partial CCC shall not be issued by the PSP until all the rectification works of the failures or non-compliances has been satisfactorily completed.

The LA is also responsible for approving permission of planning application and building plans, pressing charges against the PSP and professionals and reporting to the relevant professional board, inspection of old buildings and continuing to issue CFOs for projects approved before the CCC’s date of enforcement. (Chen, 2007)

2.2.4 Issuance of Certificate of Completion and Compliance (CCC)

After the building is completed, the PSP can issue the CCC to certify the building is safe and comfort for the occupational. Conditions for the issuance of Certificate of Completion and Compliance are:

• When all the technical conditions required by the LA are complied.
• PSP certify and accept Form G1-G21.
• Confirmation of Six essential services for the issuance of CCC:

• Electrical supply (TNB) are confirmed
• Water supply are confirmed
• Connection to sewerage treatment plant or mains are confirmed
• Clearance from lifts and machinery department, if applicable
• Clearances for active fire fighting systems except for residential buildings not more than 18m high) (Bomba)
• Roads & Drainage

• When the non-compliance of work is rectified by the PSP.
• The PSP certifies that the building is constructed under his supervision and the buildings have been completed according to the approval plans and compliance with the Building By-Laws.

UBBL (Amendment 2007) states that the PSP shall accept full responsibility for the issuance of the CCC and he certifies that the building is safe and fit for occupation.

2.2.5 Issuance of Vacant Possession (VP) Together with CCC

Housing Development (Control and Licensing) (Amendment) Act 2007 states that the delivery of vacant possession by the Vendor shall be supported by a CCC) certifying that the building is safe and fit for occupation. As the result, the developer shall let the purchaser occupy the house when the CCC has been issued by the developer’s architect. The purchaser may immediately occupy the property as the CFO is no longer required. (Wong, 2008)

2.2.7 Types of Form under CCC System

Under implementation of CCC, the Form A (Certification of Buildings/Structural Plans) and Form B (Notice of Commencement/Resumption of Building Operations) are remained and serve the same function as Form A and Form B under implementation of CFO. The Second Schedule of the UBBL is amended by deleting Forms C, D and E. Form F is substituted with the new Form F and F1.

The new forms, Form G1-G21 were introduced with the implementation of CCC. Form Gs are stage certification for twenty-one (21) component of work (refer to table 2.1). The Form C and Form D under CFO issuance system are replaced by the Form G2 and Form G3 respectively. The Form Gs must certified by the parties involved in the each component of work. They will certify that the each component of work is constructed according to the approval plans. Besides, they will also fully responsible for the construction and completion for the work.

Under CCC insurance system, the Form E is deleted. The PSP can issue the Form F (Certificate of Completion and Compliance) when he satisfy with the construction of the building. He will certify that the construction of the building is accordance to the approved building and structure plans. He will fully responsible for the construction of the building. UBBL (Amendment 2007) states that the PSP shall deposit a copy of the certificate and the Form G1-G21 with the LA and the Board of Architects Malaysia or Board of Engineers Malaysia within fourteen (14) days from the issuance of the CCC.

The PSP may issue a partial CCC in Form F1 as set out in the Second Schedule of UBBL (Amendment 2007) in respect of any part of a building partially completed subject to any condition imposed by the LA which it deems necessary for reasons of public health and safety. A partial CCC once issued shall remain effective until the whole of the building is completed and a CCC is issued.

2.2.8 Acts Amended to Prevent Wrong Certification

Under the self-certification system, a heavier responsibility will be placed upon the PSP to uphold trust and integrity. However, as the professional fees are currently being paid by the developers to the consultants, the public may get the perception that PSP may not be independent and can be influenced by their developer client to certify and issue the CCC in advance. (Lai, 2007) As a result, several acts are amended to eliminate this perception and prevent wrong certification.

2.2.8.1 Uniform Building By-Law (Amendment 2007)

2.2.8.2 Street, Drainage and Building Act (Amendment) 2007

2.2.8.3 Architects Act 1967

Chapter 3: Research Methodology

3.1 Introduction

There are two types of approaches that commonly used for dissertation, quantitative approach and qualitative approach. Quantitative approach is used for this dissertation. The quantitative approach involves analysis of numerical data. Data is in the form of numbers and statistics. Data collected by using tools, such as questionnaires or equipment to collect numerical data.

3.2 Questionnaire Survey

Questionnaire is a written list of questions, the answer to which recorded by respondents. In a questionnaire respondents read the question, interpret what is expected and then write down the answers.

The questionnaire for this dissertation consists of 6 questions. The respondents are the Registered Architect around the Klang Valley. The questionnaires are sent to the respondent by post. Due to the time limitation, 30 respondents are selected as sample size for this dissertation.

The questions are set with mixture of closed-end question and opened end question. There is only 1 closed-end question asking about the general opinion about the replacement of CFO with CCC. This question is optional for the respondents to give the answer. Most of the questions are set under closed-end question to control the data collected and more favourable to the respondent. The data is controlled to make the analysis of data is more easy.

The questionnaires attach with a cover and authorised letter from the College. The primary objective of a cover letter is to tell the respondents the purpose of the questionnaire and to request that they participate. The purpose of the study should be stated clearly and simply.

3.2.1 Follow-up Procedures.

Nearly all surveys which are serious in nature follow up the initial questionnaires with two o three additional mailings as well as telephone calls to increase the overall response rate. Generally, the second follow-up occurs two or three weeks after the initial survey was sent out. Telephone call is used for the follow-up procedures.

3.2.2 Advantages of Questionnaire

Questionnaires are economical, in the sense that they can supply a considerable amount of research data for a relatively low cost in terms of materials, money and time.

Questionnaires supply standardised answer, to the extent that all respondents are posted with exactly the same questions. The data collected are very unlikely to be contaminated with the researcher through variations in the wording of the questions or the manner in which the questions is asked. There is little scope for the data to be affected by “interpersonal factors’.

The questionnaires encourage pre-coded answers. This is not an essential facet of questionnaires, because unstructured answers can be sought. However, the value of the data is likely to be greatest where respondents provide answers that fit into range of options offered by the researcher.

3.2.3 Design for Questions

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