Person registered un LAM prefix.

Professional Architect - (A/A 83)

Graduate architect - (AG/A 344)

Building draughtsman - (BD/A 16)

Interior designer - (ID/K 1)

Body corporate- (BC/A 41)

MDP - (MDP/A 3)

Partner- (P/A 91)

Sole prop- (SP/N 62)

•Please introduce yourself
•My Name is …

•Tell me about your working experience

•Involve in office, lab and residential, and
masterpalnning

•Which office are you working in and your role in the

office?
•AbRAZ arkitek, Head Architect / QESH MR

•Tell us the type of practice you are with at present

•Use to be sole prop and then Partnership

PreparatIon for oral

•Tell me the major problem you face
?????

•Have you had any overseas experience before?

•No

•What are current projects are you handling personally?

•Residential, Offices, GBI projects and ISO certification

•How useful is the PAM contract to your current projects?

•Useful in housing projects with developer

PreparatIon for oral

•Have you done any housing (relating to sales and purchase
agreement)
Yes.Only once schedule G.

•What would you do (your plans) after this, assume that you pass.
•Work in AbRAZ, assist principle and see threshold for opportunity to
upgrade the company. Would like to get involve more in PAM, MGBC and
GSB or even architect center.

•Tell us honestly what do you think about the format of the exam.
PAM format currently is good as it forces the candidate to be aware of the
obligation, duties and responsibilities for architect to practice.

•How do you feel about the written exam?

•Haven't sat yet
•Why part III exam is important?
•To produce competent professionals architect with vast knowledge in various
scope of field.
•Aware of legal requirements.
•Aware of contractual obligation
•Have moral and ethics.

•How can you improve yourself as an architect?

•Continuous upgrading of knowledge. Objective to be
•Well verse in providing service project management PMP, QLASSIC assessors, to
be part of greening Malaysia.

•What is your role as a graduate architect?

•To assist principle architect in all scope as engage.

•What is your role for contract administration?

•Follow SOMF Project implementation and administration
•To assist principle in administering contract, periodic site supervision, and
making sure project complies to statutory requirements
•If you are a partner in a body corporate, can you take a job
away? A job which you had brought in?
•No, it is un ethical to take the job as the work is secured by the current
company I am.

•Do you think an architect should advertise? Other

professional had done it and in some countries architects
have also done it.
•Yes. Architect can advertise in accordance to PAM circular 2/1997.

•If a client wants to hire you to critique, bad points

particularly (written or verbal) of another architect’s work,
can you do it?
According COPC schedule 2 rule 28 subrule 5.(2) architect can provide
independent on the works of another architect provided client engage and he
assumes responsibility of his opinion. And his opinion must not cheapen the
profession in anyway.
•How do you like the foreign architects working in Malaysia?
should they be regulated? Or allowed to be practiced.
Considering some of them are well known with experience
over 30 years individually.
No dislike. I prefer Malaysia as many malaysians are well diverse and
educated to perform architectural service. Don’t really care if they have
more then 30 years experience as many of our senior architects have
more then 30 years of experience too and have exported their service
internationally.

• What are architect’s rights?

1. Practice/run business/take up employment for ACP
2. Can call himself a “Proffessional Architect”
3. Can display sign board, card and other device as Prof. Arch.
4. Can use the abbreviation Ar. / P. Arch
5. Can charge fee/rumenaration for services rendered
6. Can perform work under architects entitlement sec 8 arch act

•What are the qualifications for registration as a professional

architect?
Is a graduate architect
Has obtain practical experience accepted by LAM and pass P3 exam
Corporate member of PAM for at least 2 years.
•How could a foreign partner join a local architect?
•Join under 1 roof- temporary registration from LAM and and work with local
architect.
•Consortium or Joint venture in providing service.

•What is your opinion of foreign architects? What would you

do if a foreign architect offers you a project but requires
you to submit his plans only?
Arch rule COPC Schedule 2 rule 28 subrule 3(8) architect shall not sign plans,
document not prepared by him.
There fore Shall get involve provided that I appointed for preparing or supervise
the preparation of the drawings, assist in contract admin and acquiring of CCC.

•How do you response if a client offers a lower fee than

scale of minimum fees. What is the reasons for accepting
and rejecting it?
No.
I only accept client offer in accordance to SOMF 1986 as part of my COE and my
right.

PreparatIon for oral

•Can a partner in partnership firm takes out jobs from the
firm when the partnership split?
•Yes and No. Subject to partner ship agreement.

•Can a director of a corporate body takes out job which he

brings into the firm when he retires?
•No, Very unethical. Have to pass board resolution.

•Why should a client with potentially huge project and

handsome face come to you if you are not offering a
discount?
Because I possess the capabilities and competency like any
other architect and have continuously upgrade my skills
with other skills like QESH ms, train in Qlassic and well
aware of GBI requirements.

PreparatIon for oral

•How much is the stamp duty in the Articles of Agreement
between the client and the contractor?
10 ringgit per document

•What are the criteria that you would look into when you
award to a high tenderer?
If the tenderer justifies why his tender is high for unforseen circumstances. The
system provided is faster than normal construction and has benefit for the client,
and the tenderer possess skills and track record surpasses all other tenderer.

•What are the criteria you would consider for pre qualification
of tender?
•Satisfy tender pre q requirements ie
•1. Have good work track record
•2. No criminal records
•3. Possess sufficient resources and competent person.
•4. Good financial back up from banks.
•5.ISO certification

PreparatIon for oral

•A friend of yours asked you to design a mix housing
development comprising 20,000 units. He offered
RM200.00 per unit as professional fees. Should you
accept it and why?
No way Jose. Minimum fees for repetition is rm 250 and there for will inform my
fren as per SOMF guideline for repetition fees.

•You are approached by a developer to do a housing

scheme consist of terrace houses, semi detached
houses and bungalow houses for a proposed fee of
RM200.00 per unit. Would you take the offer? What if the
offer is RM250 per unit?
As above.

PreparatIon for oral

• A piece of land approved with a development order from company A (with architect
A), sold to company B, then sold to company C. Now company C engaged you as
architect C, for starting work with the project
immediately. The development order will expire in two weeks. What would you do?

1. As you are architect C, you will have no idea that there was an architect A. By looking
at the approve DO only you will find out that there was an Architect A. Therefore the
following actions to be taken:
2. Write to the first architect and confirm his appointment whether he was appointed for
only planning or comprehensive.
3. If for planning only, you may accept the commission.
4. If the client wants to use same design of the DO, advise client request 1st architect to
renew DO. Note changes to design more then 50- 70% requires new submission
subject to LA.

Respect the right of others

5. If 1st architect commission for comprehensive full service, write to LAM to clarify this
matter as it is to the discretion of LAM to waive the letter of release.
6. Only upon clearance from LAM of waiver, u may accept the commission.

• If there is no Letter of Release from architect A & company

A is no longer existing, what will you do?

• Accept the commission as the need for letter of release is waive as the practice has
cease to exist.

PreparatIon for oral

•If architect A refuse to write a Letter of Release due to non payment by Company A.
Company C refuse to settle any payment with architect A. What will you do? Can you take
this matter to LAM-PAM arbitration?
•Company C bought the land free from any encumbrances from company B there for not
liable to pay for architect A. Write to LAM for clarification on the situation and request for
waiver. Upon confirmation only accept the commission. No may not take to LAM PAM
arbitration. I am not a party to any agreement, therefore why should I take responsibility
things that I am not involve.

•Who needs Letter of Release, architect or owner?

•Owner to appoint a new architect and New architect to accept the commission except for
conditions waive by LAM in circular 2 2007 or write for clarification from LAM on sec 5.8
condition for LOR waiver in circular.

•Can an architect critique another architect’s work?

According schedule 2 COPC subrule 5.(2) architect can provide independent comment on
the works of another architect provided client engage and he assumes responsibility of his
opinion.

•Suppose you are hired by me to critique another architects

work?
According schedule 2 COPC subrule 5.(2) architect can provide independent on the works of
another architect provided client engage and he assumes responsibility of his opinion.

PreparatIon for oral

•What is the role of a project manager?
•As clients representative to coordinate consultants and project whether on or off site.
Single point of interaction between consultant and clients representative. To report to client
on cost, progress, delay, problems, other related things to run the project and quality

•Where do you find project manager’s role useful?

Large project to coordinate time quality and cost for client.

•Would you accept a lump sum fees for housing scheme?

No. Follow Arch SOMF 1986 repetitive work. Can be very low and costly for architect to
accept Lump sum fee.

•Why should you engage a QS? What are the duties of QS?
To prepare PDA for schematic design
To evaluate GDV and GDP to allow client make decision.
To update the above.
To assist arch in preparing of BQ and tender Doc.
To assist arch in tender invitation.
Prepare rates.
To evaluate and select contractor for financial requirement.
To assist arch providing info and for contractors award.
Finalize schedule of rates and prepare contract document.
To keep track of payment and inspect site of work done and material on site.
To assist architect for clause 30 certificate and payments.
To assist arch for clause 11 VO, PC and Provisional Sum.
Advise architect and recheck on clause 22 and 24 loss and any set off.
Prepare recommendation for interim, penultimate and FA.
•A single client with 50 acre site asked your opinion whether
he needs a project manager or not?

•It would be good to have a project manager as 50 acres of land shall be design
In phases and that PM can coordinate and overlook for clients interest.
•Architect has a lot of responsibility, appointing PM with vast knowledge of
QESH is good to overlook all statutory requirement specifically EQA and OSHA.
•PM will be handy to coordinate when other consultant engage by client not
performing.
•Cross checking of payment on behalf of client.
•Application of VO as direct access to client.

•Would you let a project manager influence your design and possible change it?

Yes and NO.

Yes engage during schematic as involve in design preparation and rep of client.

No during construction. However can make recommendation for changes of

detail for better construction on site.
•A very good friend of yours is a developer and isn’t very
happy with the design by his architect. He wants to appoint
you as the design consultant. What would you do?

Yes, as there is provision of specialist consultant and our design service can assist 1st
architect in providing the requirement and guideline to upgrade the design. Usually the
case the first architect not familiar in providing communication service to bring his design
to be approve by client. Provide service for 3d modeling etc.

•What are the types of practice available?

•Sole prop, partnership, body corporate, MDP

•How many types of practices can an architect have at any

one time?
Sole prop, partnership, body corporate, MDP
2 at 1 time except MDP , 3 at 1 time with MDP.
•What is the role of the QS in your projects? Are they liable
for the valuation they prepare for you?
To prepare PDA for schematic design
To evaluate GDV and GDP to allow client make decission.
To update the above.
To assist arch in preparing of BQ and tender Doc.
To assist arch in tender invitation.
Prepare ATDA
Prepare rates.
To evaluate and select contractor for financial requirment.
To assist arch providing info and for contractors award.
Finalize schedule of rates and prepare contract document.
To keep track of payment and inspect site of work done and material on site.
To assist architect for clause 30 certificate and payments.
To assist arch for clause 11 VO, PC and Provisional Sum.
Advise architect and recheck on clause 22 and 24 loss and any set off.
Prepare ACDA
Prepare recommendation for interim, penultimate and FA.

•Latest changes to the Architects Act?

•Additional of interior designer sec VA.
What are the functions of LAM?
•F-Fixing Scale Of minimum fees (meminda skel fi minimum)
•I-Issue order (mengeluarkan perintah/peraturan dr smasa ke smasa)
•K–Keep & Maintain registration (menyimpan & menyenggara pendataran seluruh Arkitek di Malaysia)
•A-Approve & reject application (meluluskan dan menolak sesuatu permohonan untuk mendaftar)
•H-Hear & determine dispute (mendengar dan memutuskan sesuatu pertikaian)
•G-General (mengeluarkan sebarang bentuk peraturan/arahan dan tindakan berhubung isu-isu arkitek di Malaysia)
•E-Exam (melantik jawatankuasa untuk menganjurkan peperiksaa professional LAM Part 3)
•S-Stakeholder (Pemegang amanah harta)
•A-appoint members of disciplinary committee (Melantik ahli-ahli yang akan menganggotai jawatankuasa disiplin)
•D-Disciplinary committee (membuat keputusan berdasarkan keputusan yang diputuskan oleh jawatankuasa disiplin)
•I-Investigate (menyiasat sesuatu laporan berhubung salahlaku seseorang Arkitek mahupun syarikatnya)
•R-Represent Public(menjadi badan perantara antara orang awam dan arkitek professional)
•A-Authorize officer(melantik mana-mana pegawai yang boleh mewakili LAM)
•S-Scholarship

•What are the functions of PAM?

•F- Function as private professional institute
•O- Organize exhibition, seminar, training (CPD)
•R- Representative discuss with LAM
•M- Meet the public service
•S- Scholarship
•O- Organize social events
•P- Promote and expand architectural education knowledge
•P - Prepare information relating architecture

•What are the importance and implication of LAM circulars?

•To update new act,rules and requirement relating to profession
•To instruct architect to follow new act, rules.
•To clarify new rules, act etc and awareness to current trends
• What are the salient points for Conditions of Engagement? 25 subrule under COE rule 29
• 10- Architects duties
• 5- Client duties
• 4- Suspension and termination
• 3- Copy right and entitlement of drawing
• 2- Alternative dispute resolution
• 1- Death

• What are the clients duties under COE? 6 clients duty

1. Provide information
2. Provide rep
3. To instruct contractor by Arch only
4. To give prompt decision
5. TO pay authority fees and charges
6. To appoint consultant

• What are the architects duties under COE? 10 arch duties

1. Carry business according to Arch act ACP - MOA and SOMF
2. Engagement of sub consultant by Architect
3. Architect to coordinate consultant
4. Clients agreement – 60 days by conduct
5. AI for VO with clients consent except statutory
6. Inspection of works
7. Estimate of cost and time

PreparatIon for oral

• If a client comes to you with a piece of land, what do you do?
1. Ask whether he is the owner of the land of possess PA and whether he has the grant or stamp S&P if grant in the
process of transfer.
2. Ask information on the land such as size, and brief description of site condition.
3. Ask what he is interested to do with the land and basic brief? Identify which service you have to provide.
4. Inform the client the service you provide- whether additional, basic scope or supplementary
5. When ask about fees, explain briefly on SOMF and payment charges.
6. Ask for client to engage license surveyor to perform survey plan and contour plan
7. To submit client letter of agreement with information as discuss containing Scope of work, Condition of
engagement, Fees, Method of payment,reimbursable, other consultants, and 2 copy of MOA.

• What are the circumstances that the architect will be deregistered?

Confirm under Section 15A rule 2 L and M for convited for offence and qualification withdrawn, death,

• What are the grounds for disciplinary action?

a. accept / offer commision
b. Don’t declare financial interest
c. Qualitifcation by fraud
d. Infamous act or disgrace.
e. Controvened with the act
f. Fail to observe his duty
g. Assist in procuring, fraud, collusion
h. Assist in concealing fact from LAM.
i. Contravene condition and restriction of board
j. Cause permit to suffer prior registration or after suspended or canceled.
k. Unsound mind, bankrupt or incapable to perform professional duty.

• What are the responsibilities of being an architect?

• There are 4 responsibilities - Profesional, Contractual, Legal and Moral responsibilities
PreparatIon for oral
•Can an architect form a multi-disciplinary practice with
other consultants?
Yes. Under Architect act section 7B architect allowed to form an MDP.
Constitution 70% profesional where 10% Profesional architect and 30 percent
other profesionals. Form application Form K and certificate obtain Form N.

•Difference between partnership and body corporate?

•Liability – Unlimited vs shares

•Constitution - Partnership act vs Company Act
•Capital – via partners vs 50k
•Tax – individual vs company percentage
•Account – partnership acc vs ROC company account

•Changing the form of practice from partnership to body corporate?

•Yes it is possible. Register company for ROC for architectural practice as
approve guideline under section 7A. Inform LAM of new company and register
for new LAM registration number example : and dissolve partnership
company.
PreparatIon for oral
 Forms of Practice – Pros & Cons / Advantage & Disadvantages. There are 4 forms of practice

SOLE
PARTNERSHIP BODY CORPORATE MULTI DISCIPLINE
PROPRIETOR

PROFESSIONAL PROFESIONAL PROFESSIONAL UNLIMITED PROFESSIONAL UNLIMITED

LIABILITY
UNLIMITED UNLIMITED COMMERCIAL LIABILITY COMMERCIAL LIABILITY TO SHARES
LIABILITY LIABILITY PAID UP
TO SHARES PAID UP

COMMERCIAL COMMERCIAL LIABILITY

LIABILITY UNLIMITED UNLIMITED

PARTNERSHIP MEMORANDUM OF ARTICLES MEM OF ARTICLES. 70% OF SHARS HELD

BY BUILD. PROFF. 30% SHARES HELD BY
AGREEMENT BOARD OF DIRECTORS ARE PROFF
NONE OTHER APPROVED PROFFESSIONALS
CONSTIUTION ARCHITECTS
AL PARTNERS TO BE
MIN 10 % SHARES HELD BY PROFF
ARCHITECTS SHARES HELD BY DIRECTOR OR
ARCHITECT FOR ARCHITECTURAL
OTHER PROFF. ARCHITECT
CONSULTANCY

LEGAL OWN LEGAL ENTITY

STATUS PERSONAL & PREFER PARTNERSHP MAINTAIN SEPARATE FROM SHARE- OWN LEGAL ENTITY
A SEPARATE ENTITY HOLDERS
INDIVIDUAL NAME

PARTNERSHIP
NONE
REGULATION ACT COMPANY ACT COMPANY ACT

CONTRIBUTE BY PAID UP RM 150000

CAPITAL SELF RM 50000 PAID UP
PARTNERS

NO LEGAL NO LEGAL PROPER ACCOUNTS PROPER ACCOUNTS

ACCOUNTS REQUIREMENT TO LODGE ACCOUNTS WITH
REQUIREMENT TO LODGE ACCOUNTS WITH ROC
ROC

BY INDIVDUAL FIX
VARIATION TO FIX PERCENTAGE
TAX PARTNERS PERCENTAGE
INCOME 22
•How can a foreign architect join a local architect in
Malaysia? What are advantage and disadvantages?
10A Arch Act
Joint venture project between government where project finance by his goverment
Work must be more then 180 days.

Arch Rules 27 Qualification of foreign Architect

15 years practice and registred as profesional architect in his country.
Specialize 5 years in his area. Confine work to his speciality.

Registration only for 1 year and to be renewed. Process fee 50. Registration fee 1000.

•Why do we need Code of Professional Practice?

•To promote the standards of professional conduct and self discipline required by
professional architect in the interest of the public.

•What do you think of scale of professional fee? Architecture is like a business, they
should know how much to charge their clients and make a living, why then
do we need a minimum fee scale? Do you think it should be abolished? Since
nobody follows it, why do you think it should be retained?

•Protect interest of architect.

•Guide quality of architect.
•Define scope.
•Prevent undercutting PreparatIon for oral
•National Physical Plan (NPP)
“national physical plan” means the physical plan covering Peninsular Malaysia prepared and approved under section 6B;

• be a written statement formulating strategic policies for the purpose of determining the general directions and trends of the physical
development of the nation;

•Draft structure plan & Structure Plan (SP)

formulating the policy and general proposals of the State Authority in respect of the development and use of land
in that State, including measures for the improvement of the physical living environment, the improvement of communications, the
management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for facilitating
sustainable development;

stating the relationship of those proposals to general proposals for the development and use of land in the neighbouring areas that may be
expected to affect that area

matters as may be prescribed or as the Council or Committee may in any particular case specify.

•Draft Local Plan & Local Plan (LP)

•A draft local plan shall consist of a map and a written statement and shall—
•(a) formulate, in such details as the local planning authority
•thinks appropriate, its proposals for—
•(i) the development of;
•(ii) the use of land in;
•(iii) the protection and improvement of the physical
•environment of;
•(iv) the preservation of the natural topography of;
•(v) the improvement of the landscape of;
•(vi) the preservation and planting of trees in;
•(vii) the making up of open spaces in;
•(viii) the preservation and enhancement of character and
•appearance of buildings in;
•(ix) the improvement of communications in; and
•(x) the management of traffic in,
•the area of the local plan; and
•(b) contain such matters as may be prescribed or as the
•Committee may in any particular case specify.
•National Physical Plan (NPP)
According to TACP 172
“national physical plan” means the physical plan covering Peninsular Malaysia prepared and approved under section 6B;

•The draft national physical plan shall—

•(a) be a written statement formulating strategic policies for the purpose of determining the general directions and trends of
the physical development of the nation;
•(b) be accompanied by such indicative plans as may be required to clarify the strategic policies; and
•(c) contain such other matters as may be prescribed or as the Council may in any particular case specify.

•Draft structure plan & Structure Plan (SP)

According to TACP 172
“structure plan”, in relation to an area, means the structure plan for the area, and any alteration of the plan, having effect in the
area by virtue of subsection 10(6); and, in relation to any land or building, means the structure plan, as so defined, for the area in
which the land or building is situated; and “draft structure plan” shall be construed as the context requires;

8(3) The draft structure plan for the State shall be a written statement—
(a) formulating the policy and general proposals of the State Authority in respect of the development and use of land
in that State, including measures for the improvement of the physical living environment, the improvement of communications,
the management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for
facilitating sustainable development;
(b) stating the relationship of those proposals to general proposals for the development and use of land in the neighbouring
areas that may be expected to affect that area; and
(c) containing such other matters as may be prescribed or as the Council or Committee may in any particular case specify.

•Draft Local Plan & Local Plan (LP)

According to TACP 172
“local plan”, in relation to an area, means the local plan for the area, and any alteration of the plan, for the time being having
effect in the area by virtue of subsection 15(1); and, in relation to any land or building, means the local plan, as so defined, for
the area in which the land or building is situated; and “draft local plan” shall be construed as the context requires;
Planning Prepare planning permission document to be
submitted as OSC requirements insecuding
DPR, layout plan and qualified person
sec 21 (1)
21A, B, C
permission
sec 21 (2)
flow chart Owner , owner consent for application

Discuss with Local authority on other

requirement and prepare if needed

Involve erection of
sec 21 (3)
building add req.

Submit to OSC local authority by

owner

LA Check, send to Site located in area

Committee (SSC) where no local plan sec 21 (6)
or council (NPP) or Notice objection for
other authorities Consider sec 21 days
22 (2,2A,2B)

LA comment If objected, within

30 days public sec 21 (7)
Objection hearing
Re Submit to OSC local authority relevant/ or
sec 21 (4) irrelevant
Decision sec 22 (1)
Not Re Submit
within time sec 22 (3)
consider
withdrawn
sec 21 (5)
disapprove Approve planning
permission
sec 22 (4)
sec22(5
)

Renew planning
•Planning permission
Appeal permission in 1 “planning permission” means permission granted, with
sec 23 year
sec 24 or without condition, to carry out development;
BOMBA All new building to be submitted to Bomba
SDBA SEC 70
before submission to local authority to satisfy
SUBMISSION Bomba requirment

Identify Bomba Requirement as per AbRAZ UBBL PART 7 (PASSIVE) and Part
bomba submission checklist 9 ( ACTIVE)- ref AbRAZ fire
requirement checklist

Fire safety design philosophy (FSDP) Prepare Bomba Building Plan submission
For high risk building

Performance base code (PBC) Discuss with bomba for other requirements
For special design custom made building
where provision not covered under UBBL
Amend drawing as discuss

Submit to Bomba with plans and relevant document

deposited

Approve Rejected - plan to be

return and be
amended

Collect drawing and

approval letter from
Bomba Resubmit

Forward drawing and

approval letter from
Bomba to M&E for
active requirement and
submission

Compile approval letter

for Building Plan
submission
BP SUBMISSION All new building to be submitted to local
SDBA SEC 70
authority
flow chart
Prepare Building Plan submission drawing by
PSP UBBL SEC 3a
&3b

Plan to be prepared in triplicates

Correct scale
Get a copy of Local authority submission Required drawing – UBBL SEC
checklist for other submission requirement Layout plan, Plan, section, elevation 8,9,10,15

LOCAL GOVERNMENT ACT 102

Plans to be sign by client and PSP attach UBBL SEC 6

with form A

Compile all relevant external approval from other consultant

Planning- Planner SDBA SEC 70(2)
Earth work and Road and drainage – C&S
TNB – M&E
Bomba – Architect & M&E Structure - UBBL SEC 16

Structure Drawing and report with form A from civil engineer SDBA SEC 70 (9A)

Request and compile – Land title and BP

submission fee from client UBBL SEC 29 & Schedule 1

Can apply Special permission to

Submit to local authority with plans and info UBBL SEC 3(a)
commence before approval for
deposited with fees
government building
UBBL SEC 13

Approve Reject- plan to be

SDBA 70 (18 ) Renew within 1 year if not return and amended
commence UBBL SEC 4
SDBA 70 (4,5&6 )
Submit form B before
commencement of
UBBL SEC 22
building Resubmit
Certificate Completion and
Compliance flow chart
PSP
Comply
UBBL 25A OSC POB
Submit Approval: UBBL SEC 3
SDBA SEC 70 (4)

SDBA 70 (20-27)
Obtain Building Plan approval
PSP

Supervise site : UBBL SEC 5

Construction Submit Form B : UBBL Sec 22

Obtain approval from Clearance/Confirmation

Professional, Contractor authorities according to
stage completion where
By relevant
or Tradesmen
applicable Technical agencies
Monitor for G1-G21 and
certify for completion of
stages Sign F form when all document
PSP complete attach with relevant document

CCC complete

Original copy Arch keep LAM/LJM PBT

to client 1 copy 1 copy 1 copy
 PROSES PERAKUAN BERPERINGKAT

JENIS BORANG KOMPONEN KONTRAKTOR KONTRAKTOR TRED PROFESIONAL

substructure

G1 Earth work / (SP)

G2 Setting out / / (Jurukur Tanah Berlesen) (PSP)
G3 Foundation / (SP)
G4 Structure / (SP)
G5 Internal Plumbing Water system / (Tukang Paip Berlesen) (SP)
G6 Sanitary plumbing system / (Tukang Paip Berlesen) (SP)
G7 Internal electrical / (Org Yg Cekap @ Mahir) (SP)
Super structure

G8 Fire (Pasif) / (PSP)

G9 Fire (Aktif) / (SP)
G10 Mechanical ventilation / (SP)
G11 Lif/Eskalator / (SP)
G12 Building / (PSP)
G13 External water supply / (SP)
G14 Sewage recticulation / (SP)
G15 Sewage treatment plant / (SP)
Infrastructure

G16 External electrical supply / (org Yg Cekap @ Mahir) (SP)

G17 Road and drain / (SP)
G18 Street lighting / (Org Yg Cekap @ Mahir) (SP)
G19 External main drain / (SP)
G20 Telekom / (SP)
G21 Landscape / / (Arkitek / Arkitek
Lanskap)
NATIONAL LAND CODE

• Type of land title

Qualified title and final title

• What are the difference between qualified title and final title ?

Qualified title - area and boundary of lot is provisional.

1. Before surveyed.
2. Bear prefix P.T.

Final Title – Area and boundary of lot is final.

1. Have been surveyed by registered surveyor and approve by
Survey Department (JUPEM),
2. Boundary marker planted on land,
3. certified title approve & deposited by Survey Department.
4. Identified by Lot no. issued by survey department without
prefix.
PreparatIon for oral
•Land owner ship and supply, HOW?

1. Through transaction – purchase and transfer

2. Inheritance
3. Supplied from state authority through alienation

•What is torren system?

1. The register is everything and ownership by having ones name on the title.

•What is mutatis mutandis?

1. Mutatis mutandis is a Latin phrase meaning "by changing those things which
need to be changed" or more simply "the necessary changes having been
made". The term is used when comparing two situations with a multiplicity of
common variables set at the same value, in which the value of only one variable
is allowed to differ – "all other things being equal" –thereby making comparison
easier (cf. ceteris paribus).
•Registry of titles
Hakmilik Pejabat Pendaftar dan Hakmilik Pejabat Tanah (registry title & land office title)
2.1 Hakmilik Tetap dan Hakmilik Sementara boleh terdiri dari hakmilik Pejabat Pendaftar atau
hakmilik Pejabat Tanah. Hakmilik Pejabat Pendaftar didaftarkan oleh Pendaftar Hakmilik di
Pejabat Pendaftar (satu disetiap negeri – ibu negeri) dan hakmilik Pejabat Tanah didaftarkan oleh
Pentadbir Tanah bagi satu-satu daerah (satu disetiap daerah atau daerah kecil).

2.2.1. Hakmilik Pejabat Pendaftar iaitu: -

i. Tanah bandar atau tanah pekan,
ii. Mana-mana tanah desa yang lotnya lebih 4 hektar,
iii. Mana-mana bahagian pantai pasang surut atau dasar laut,
iv. Mana-mana lot tanah desa yang luasnya kurang 4 hektar tetapi PBN mengarahkan tanah
tersebut dipegang oleh Pejabat Pendaftar (proviso seksyen 77(3)).
V-title prefix HS(D)

2.2.2. Hakmilik Pejabat Tanah iaitu: -

i. Mana-mana tanah desa yang luasnya kurang 4 hektar,
ii. Semua tanah yang dipegang di bawah Akta Tanah
(Kawasan Penempatan Berkelompok), 1960.
Iii- title prefix HS(M)
•Implied Conditions
•Condition that have been implied by STATE AUTHORITY (SA) for the 3
categories.
•Agriculture- commence within 12 mth, No building on land except dwelling or
purpose of agriculture, cultivation,continuous cultivation, dwelling of 1/5 of land
•Building- erected 2 yrs, No land cultivated or for industry, No erection, demolition
etc without consent from authority, maintain building
•Industrial- erected 3 yrs , only for industry, No erection, demolition etc without
consent from authority, maintain building

•Expressed conditions
•Express condition that have been stipulated by SA for the 3 categories.
•Agriculture-type of crops to be cultivated, max plinth area
•Building-Type of building – residential, commercial, or specific – office, petrol
station, shops, plinth, plot ratio.
•Industrial- plinth and plot ratio, Design material, etc

•Restriction in interest
•Example : tanah ini tidak bole dipindah milik, dipajak atau dicagar melainkan
dengan kebenaran pihak……..
•Categories of land use?
•Agriculture, industrial, building

•Conversion FORM 7C, SEC 124 conversion and subdivision FORM 7D.
•Owner of alienated land may apply to state authority to change the use of the existing
category.

•Subdivision NCL SEC 135 – 139 FORM 9A

•Apply to SA for subdivision of land into two or more portions, under separate title if
complied with planning approval and not contrary to any plan approved.

•Partition NLC cl 140 – 145 FORM 9B

•Land with co-proprietors with agreement to be apportion under separate title.

•Amalgamation NLC sec 146 – 150 FORM 9C

•Amalgamation of two or more contiguous lots of alienated land into one.

•Surrender & Realienation SEC 204D FORM 12C and 12D

•Special provision (NLC sec 204D) to expedite multiple processes of conversion,
amalgamation and subdivision.
•Land owner surrender to LA, STATE AUTHORITY re-alienate land according to
approve layout.
•Diffrence between the tenure : free hold and lease hold?
Issue Leasehold Freehold Comment
Land uses Leas e duration Lim ited by environm ental Leas es are s ubject to a higher
us ually 30, 60, 99 and town planning controls level of control.
or 999 years .
Lim ited by
purpos e of leas e
and land
legis lation.
Stocking levels ,
cultivation, etc
m ay be res tricted
by leas e
conditions .
Lim ited by
environm ental
and town
planning
controls .

Duty of care High level of duty Duty of care following Leas es are s ubject to a higher
of care defined in com m on law and as level of control.
land legis lation. required by s om e
May be Environm ent Protection
res pons ible for Acts or its equivalent.
developing and
m aintaining
im provem ents .
May be required
to engage in
property
planning.

Transferability, Leas e trans fers Few lim itations on trans fer. Leas es are s ubject to a higher
aggregation and require State or level of control.
subdivision its equivalent's Unlim ited right to s ubdivide
approval. and aggregate s ubject to
town planning controls .

Powers to
Retrieval / acquire Som e powers to acquire Leas es are s ubject to a higher
resumption leas ehold land for public works . level of control.
interes t or
withhold land
Security of tenure Varies according Very high level of s ecurity. In general, leas es are les s
to leas e type but s ecure than freehold.
forfeiture for non- Perpetual leas es approach the
perform ance m ay level of s ecurity of free hold
be pos s ible.
•What is strata title?
•Strata title is a form of ownership devised for multi-level of multi-storey buildings or blocks or multi-layer of land parcels erected on a piece of alienated land.
The 'strata' part of the term refers to subdivided units being on different levels, or "strata".

Strata title was first introduced in 1966 by the Malaysian National Land Code 1965, to better cope with the legal ownership of multi-storey buildings. Previously, it
was known as subsidiary titles by reference to the buildings erected on alienated land. By 2007 strata titles legislative amendment, the strata titles concept was
extended to be applied for land parcels created on alienated land.

Strata Title Schemes are composed of individual parcels and common property together with a self-governance of strata corporation system known as
Management Corporation. Parcels are either apartments, condominiums, town houses, commercial complexes, Gated Community Units, or others and each is
shown on the title as being owned by a Parcel Owner. Common Property is defined as everything else on a piece of alienated land that is not comprised in a
parcel, such as common stairwells, driveways, roofs, gardens and so on.

•Type of Titles
–Strata Titles ( For parcels)
–Provisional Titles ( For Provisional Blocks)
–Accessory Titles ( For Accessory Parcels)

•Safeguard interest of individual purchasers

–Compulsory application of Strata Titles
–Accessory & Provisional Parcels cannot be disposed
–Management Corporation
–Fixed Quantum for total share units

•Provisional Titles in respect to future development

•When can you apply strata title?
•Section 8 Akta 318,
•Sec 8 (2)- perjanjian jual beli sebelum bangunan siap - 6 bulan dari perjanjian pertama ditandatangani
•Sec 8 (2)- Perjanjian jual beli selepas siap bangunan - 6 bulan dari perjanjian pertama ditandatangani
•Sec 8 (4)- perjanjian jual beli sebelum pembinaan- 6 bulan dari bangunan mula dibina
•Sec 8 (4)- perjanjian jual beli selepas mula pembinaan - 6 bulan dari perjanjian pertama ditandatangani

Parcel
Parcels, in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an
accessory parcel) is held under separate strata title and in relation to a subdivided land, means one of the individual units of land
parcel;
-Separate titles are issued to individual parcels
- title are subsidiary titles registered in the name of the owner of the parcel
- Each parcels has a share value- called share units
- Total share units of a development / block constitute a fixed quantum

•Accessory Parcel
“accessory parcel” means any parcel shown in a strata plan as an accessory parcel which is used or intended to be used in
conjunction with a parcel;
-Utility areas- car park, store etc, tied to tha main parcel
- issued with separate strata title but CANNOT be disposed off independently
- have no share value

•Land parcel
-“land parcel” means a unit which is comprised therein a subdivided land on which there is a completed building of not more than
four storeys which is held under a strata title;

•Common property
-“common property” means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any
provisional block as shown in an approved strata plan;
•Provisional Block
-To enable a large/ complex schemes to be developed in phases
- on completion of phase 1, can apply for strata titles for phase 1 and provisional titles for the remaining buildings
-Each provisional block is allocated provisional share units, to be allocated among individual parcel upon completion of the
provisional block.
•Provisional Strata Titles cannot be disposed off independently : awaits total completion and apply under sec 20.

•Provisional Title
•individual block with separate strata title and share value @ units located at provisional block

•Management Cooperation
•Collectively the owners of the parcels in the strata scheme. This is formed automatically when the strata titles is
registered by opening of a Book of Strata Register.
-Comes into existence automatically upon registration of the subsidiary titles
-Common facilities, eg garden, pools are vested in MC
-Comprehensive provision to ensure smooth running of MC

•SYER UNIT ENTITLEMENT

•
Each parcel is given a "share units entitlement" and this is shown on the strata plan. The amount of the share
units entitlement varies depending on a number of factors, eg. the size of the parcel, the location of the parcel,
the selling price of the parcel, the market value of the parcel, etc. Levies payable are calculated on the basis of share unit entitlements meaning the larger your
share unit of entitlement the more levies you pay.

•Aggregate share units

•The total of all the individual share unit entitlements in the strata scheme.
Strata title act comprises of PART VI
RIGHTS AND OBLIGATIONS
ATTACHING TO INDIVIDUAL
PARCELS AND PROVISIONAL
BLOCKS
PART I Sec 34-38
PRELIMINARY
PART VII
PART II MANAGEMENT OF A
APPLICATION FOR SUBDIVIDED BUILDING
SUBDIVISION OF A BUILDING Sec39-55A
Sec 6-14A
PART VIII
PART III TERMINATION OF
REGISTRATION OF STRATA SUBDIVISION OF
TITLES STRATA TITLE SUBDIVIDED BUILDING
Sec15-19
ACT Sec 56-57

PART IV
PART IX
PROVISIONAL BLOCK: ISSUE
OF STRATA TITLES UPON PROVISIONS FOR LOW-COST
COMPLETION OF BUILDING BUILDINGS
Sec 20-23

PART IXA
PART V STRATA TITLES BOARD
SUBDIVIDED BUILDINGS:
DIVISION AND Sex 67 A-X
AMALGAMATION
OF PARCELS
Sec 24-33A PART X
MISCELLANEOUS
What are architects duties under the Strata Title Act?
Regulation under Strata title act (Akta 318) :
Advise developer to :
What? Seksyen 6 - Bangunan bertingkat dan tanah boleh di pecah bahagi kepada petak.
•Who? Seksyen 7 – Permohonan pecah bahagi bpleh dibuat oleh pemilik bangunan/tanah.
•When? Seksyen 8 – Kewajipan pemilik membuat permohonan pecah bahagi pada :
Sec 8 (2)- perjanjian jual beli sebelum bangunan siap - 6 bulan dari perjanjian pertama ditandatangani
Sec 8 (2)- Perjanjian jual beli selepas siap bangunan - 6 bulan dari perjanjian pertama ditandatangani
Sec 8 (4)- perjanjian jual beli sebelum pembinaan- 6 bulan dari bangunan mula dibina
Sec 8 (4)- perjanjian jual beli selepas mula pembinaan - 6 bulan dari perjanjian pertama ditandatangani

CONDITION FOR APPROVAL? Seksyen 9

• Has been certified by registered land surveyor
• Certified by registered architect or engineers the construction accordance to plans and specs approve.
• Subdivision would not contravene any restriction in interest to which the land compromise.
• Not contrary to any written law.
• No item of land revenue outstanding
• The consent in writing has been obtain from every person with an interest in the charge or lease of the land
• Propose share unit equitable
• Adequate means of access, and internal communication not passing through common property.
• Land not more then 21 years lease
• Land not subject to lien or charge
• The final title to be registered.
• Obtain CCC or CF.

HOW TO APPLY? Seksyen 10 – sec 10 (1)

Sec 10 subsection 2-6
• Form 1 or Form 1A
• Fee - RM 300 or RM 10 per parcel /provisional parcel which greater sec 10 (2)- Location plan
• BP endorse by Ar. or Ir.
sec 10 (3)- Storey Plan, delineated plan,
• Plan Strata (Pelan Lokasi,Pelan tingkat & Pelan Tandaan.
• Mestilah diperakui oleh Juruukur Berlesan sec 10 (4)- strata plan to show legend
• triplicates certified plan of land endorse by Director of survey (if qualified title)
sec 10 (5)- accessory parcel
sec 10 (6)- Propose strata plan show share units
 FORM APPLICATION IN STRATA TITLE ACT

STRATA TITLE APPLICATION

PHASED
SUBDIVISION/
NEW BUILDING PROVISONAL LOW COST
AMALGAMATION
TITLE

SEC 10 SEC 10A SEC 10B SEC 24

FORM 1/1A FORM 1 FORM 1 FORM 6/7

SUBMISSION
PROCESS

APPROVE - OPEN
BOOK OF
REGISTRY TITLE

FORM 2 STRATA REGISTER INDEX

FORM 3 STRATA REGISTER STATEMENT

FORM 4 STRATA TITLE

CHANGE TO
FORM 4A PROVISIONAL STRATA TITLE STRATA TITLE

FORM 5
DISSOLVE JMB – SEC 20
BECOME MC

SEC 39
 S.10 (Act 318) Process / Subdivision of parcel and land
APPLICATION
FORM 1 : FOR BUILDING 10(1 to 6) :
(cth:
cth: Kondo) • Fee - RM 300 or RM 10 per parcel /provisional parcel which greater
• BP endorse by Ar. or Ir.
FORM 1A : FOR LAND • Plan Strata (Pelan Lokasi,Pelan tingkat & Pelan Tandaan.
(cth:
cth: Gated House) •3 set ertified plan of land certified by Director of survey (if qualified
title

S.10(8) Endorse a note of making on register document of title

•Refer Director of survey
LAND ADMINISTRATOR • change from qualified title to final title
• Obtain CF/CCC within specified time

Refer application to
S.10(9) • check locations
DIRECTOR OF • advise plan in order
SURVEY •Notify fees to be collected for each survey
•Fee plan cause to b e prepared in event of approval of the application.

APPROVE • INFORM Land office all fee

S.10(10) S.11 : Withdraw of application only

LAND ADMINISTRATOR with concurence of Director of land
OFFICE and mines

RECOMMEND REJECT : cancel endorsement on

APPROVAL/REJECT the register of document of title
persuant to 10(8)
S.12
DIRECTOR OF LAND
MINES APPROVE :

section 12 (2) S.14 : Issue strata title to individual parcel

-registra to open book of the strata register
S.12 (2) a S.12 (2) b accordance to sec 15
-Register and issue strata stitle sec 16
DIRECTOR OF LAND ADMINISTRATOR
SURVEY OFFICE
collect fees from owner as S.15 : Preparation and maintenance
specified by Director of of strata register
survey
S.13 : Action by director of survey
& fees for registration of
after approval of subdivision S.16 : Starat title document :
• Prepare certified strata plan strata title.
-Strata title BORANG 4 – RM 30
•File strata certified plan in his office
•Prepare additional copies BORANG 4A
•Transmit to director land office -Provisional strata title
Application for provisional strata title? SEC 10A
Developer can apply for provisional strata title together with main strata title accordance to sec 10A to allow for early obtain of title.

No land can be included in the application for issuance of provisional starta title.

·
Application requires:

For submission under 10(1)

1. Form 1 or Form 1A
2. Fee - RM 300 or RM 10 per parcel /provisional parcel which greater
3. BP endorse by Ar. or Ir.
4. Plan Strata (Pelan Lokasi,Pelan tingkat & Pelan Tandaan.
5. Certified by license surveyor
6. (if qualified title) certified plan of land in triplicates endorse by Director of survey

Accompanied by all req for sec 10 from subsection 2-6

sec 10 (2)- Location plan
sec 10 (3)- Storey Plan, delineated plan,
sec 10 (4)- strata plan to show legend
sec 10 (5)- accessory parcel
sec 10 (6)- Propose strata plan show share units

Additional requirment
- BP approval state of phase development
- Location plan
- Proposed strata plan
- Storey plab in triplicate in respect o each provisional block show external boundaries, and dimension.
- Proposed starat plan show quantum of provisional shares for each provisional block.

Other rules
1. For large development, to provide developers commitment letter to construct phase development within 5 years.
2. Provisional title can be obtain for more then 1 block
3. Only one provisional title for each provisional block.
4. Provisional title cannot be sold, dispose, lien or sold to any individual or company.
5. Plan for provisional block can be change but cannot involve changes to no of parces, total gross floor area of parcel and total amount of shares in building
6. Any amendment to obtain approval from PBT.

After building is completed apply for issue of strata title in Part IV sec 20
Application for Low cost house strata title? SEC 10B

·
section 10B part II
10B Application for subdivision in the case of low-cost building

(1) The State Authority may, on an application by a proprietor of any alienated land or at any time on its
own motion, having regard to the location, nature of construction and the cost of the building, classify it
to be low-cost building.

(2) Without prejudice to subsection (1), the State Authority may by rules made under section 81, classify
any type of building to be a low-cost building.

(3) Upon classifying any building to be a low-cost building under subsection (1) or (2), the State
Authority shall issue a certificate to the proprietor of the alienated land.

(4) Upon receipt of the certificate issued by the State Authority, the proprietor of the alienated land shall
apply for the subdivision of the building under section 10.

(5) No building erected in a provisional block shall be classified under subsection (1) or (2) to be a low-
cost building.

(6) The State Authority may, upon an application by the management corporation or on its own motion,
appoint a managing agent to exercise the powers and discharge the duties and functions of a
management corporation, and any expenses incurred by the managing agent may be charged on the
management fund of the management corporation.
• Developers obligation in relation to strata title act.
Starata tak apply : PENALTY 20k 3 PENALTY 10k 1k/
PENALTY 10k 100/day month imprison day
VP Mesyuarat Mesyuarat MC
JMB # 1 #1

• - Tempoh 12 bulan

Tempoh Permulaan Tempoh Interim Tempoh Akhir

•PEMAJU •JMB •MC

• - Bertggjwb. Senggara & uruskanbgn & • -dilaksana oleh JMC (pemaju + max 12
harta bersama slps VP. pembeli)
• - buka & senggara Akaun Penyelenggaraan •-bertggjwb.senggara & uruskan bgn & harta
Bagunan APB & sinking fund sblm VP. bersama
•- adakan mesyuarat pertama dgn pembeli
utk tubuhkan JMB.
•UBBL
•Are architects competent to issue CCC?
•Yes they are. They are the qualified person in accordance to UBBL section 25A

•Will self-certification benefit house buyers?

•Yes will reduce the time to wait for LA to release CF certifiate as architect is
empowered to certify CCC upon satisfying all G forms, Letter of non objection from
relevant authorities certify F form fo CCC. A copy shall be extended to client, LA,
LAM and architect for safe keeping.

•What are the task required of Architects as the PSP?

•Submit plans for approval : UBBL sec 3 (2)
•Make sure Engineer submit calculation and plans for structure UBBL sec 16
•Supervision of the works as approved by LA. UBBL sec 5
•Sign plans for endorsment : UBBL sec 6
•Making sure all submission requirement by LA is followed : UBBL sec 8-10
•Permit obtain- UBBL sec 18
•Apply for temporary permit. UBBL sec 19
•Submit relevant form from UBBL 22-24 and schedule 2 Form B,C,D or G1-G21
•Obtain CF/CCC. UBBL sec 25/25A
• What is the implication if PSP passed away or unable

Under withdrawal or change of qualified person UBBL sec 7 – The owner or

occupier shall soon as practicable appoint another qualified person to act
for him and submit adequate evidence to the local authority of the
circumstances.

• Under CCC, will there be a conflict of interest for the professionals who
submit the building plans, supervise the construction and also be the
same person who issue CCC, especially these professionals are engaged
by their client and also act as an agent of the client?
Not a problem- Under SDBA 70 27- there are stipulated rules that have to be
complied. Penalty 250k and not exceeding 10 yrs imprisonment.

• What happens if there is a failure of the building

SDBA Act 71- Default by professional if found guilty for building failure– RM
500,000 and not exceeding 10 years imprisonment.
Default – miscalculation, mis design, misuse
UBBL 258 follow the procedure. PSP must inform PBT and make report.
•What are the responsibilities of the submitting person
under UBBL?
•Submit plans for approval : UBBL sec 3 (2)
•Supervision of the works as approved by LA. UBBL sec 5
•Sign plans for endorsment : UBBL sec 6
•Making sure all submission requirement by LA is followed : UBBL sec 8-10
•Apply for temporary permit. UBBL sec 19
•Submit relevant form from schedule 2 Form B,C,D or G1-G21
•Obtain CF/CCC. UBBL sec 25/25A

•What are the stages of work that the submitting person need to notify the authority? How?
•Submission of BP Form A (sec 3 and 16)
•Notice of commencement – form B (sec 22)
Circular 1/2008
•FORM G1-G3. – Earth work, setting out and Foundation
•F upon completion with other G forms and also attach together CIDB registration, Company form 49 and
letter commitment for stages to complete from consultant and technical agencies.
•What are the penalties for misconduct regarding issuance of CCC?

1. street drainage act section 70 (27) – penalties for misconduct is 250 k and
imprisonment not exceeding 10 years
2. Architects Act –
Written reprimand
•50k penalty
•Suspended
•Deregistered
•Any combination of above.

•What are the duties of architects towards house owner? 70- 21

•To check construction as per approve building plan.
•To check building complete as approve plan
•To certify completion as per on site.
•To check building is safe

•What happen if the owner of the house would like to talk

to the architect regarding their defects?
No. Architect has no privities of contract purchaser. Can make complain to
developer as SNP sign with developer and developer will instruct arch to instruct
MC or his rep.
• What are the architect’s duties before commencement of construction work for housing projects?
According to Pam circular 3/2008
4.1 Request for a copy of the Sale & Purchase Agreement including all schedules as specified in the S & P Agreement of
each housing type to be sold in the development for which certification is required.
4.2 Check the details specified in the Sales Brochure approved by the Ministry of Housing & Local Government to ensure
they correspond to the specifications in the building contract. The check list should include the approved layout plans,
the building plans and the specifications of the houses. These details must also conform to those specified in the
Fourth Schedule.
4.3 Check that the above corresponds to the approved Building Plan which is cited in the preamble of this S & P
Agreement.
4.4 Request the Developer to advise on any deviations in the Sale & Purchase Agreement from the Standard Sale &
Purchase Agreement and also of any special conditions imposed by the Ministry of Housing on the development.
4.5 Establish with the Developer the time frame for certification, to be on a monthly basis or fortnightly basis or when
requested by the Developer.
4.6 Establish the quantum of units to be certified, to be block by block or unit by unit. It will be very time consuming for the
Professional Architect to be certifying on a unit by unit basis and it is recommended that there be a set minimum
number of units for each certification.

• What are the architect’s duties during commencement of work before certifying stage payment for housing
project?
Inspections must be carried out before certification.
The Professional Architect shall request the Engineer for the project to confirm in writing his concurrence with the
satisfactory completion of Stages 2(a), 2(b), 2(d) where applicable, 2(f), 2(g) and 2(h) before he certifies.
For stage 2(b), it is prudent for the Professional Architect to wait until the side formworks are removed to visually ensure
that there are no major honeycomb/defects on the structure before certification.
For stage 2(c), the Professional Architect shall ensure that the openings are properly formed to receive the metal frames
and completed with lintols (where applicable) before this is certified.
For stage 2(f), there may be instances where there is no sewerage treatment plant and the sewerage works from the
scheme is connected to an existing public main as approved by the relevant authority.

• Who shall received Form F or F1 from the PSP?

• Original keep by client, Retain 1 copy architect and 1 copy each to, LA and LAM.
• What happen if the developer fail to handover common facilities?
Developer will be charge LAD for late delivery of common facilities to be
calculated 10% X last 20%purchase price /365 per day.

• What are the duties of the architect’s before the delivery

of vacant possession?
1. To check electrical and water ready for connection.
2. CCC is issued.
3. All sum monies up to schedule 3 have been settle by purchaser.

• What are the work to be completed for architect’s certification of stage (3)?

2a Foundation
2b Structure
2c Walls
2d Roof and electrical wiring,water plumbing, gas piping, telekom trunking
2e Finishes
2f Sewage
2g Drainage
2h Road
3 Others
•What are the major difference between Schedule G & H?

Jadual G Jadual H
1 Use for lot and building (House terrace /bungalow /semi-d) To subdivide part of building (sub divide bldg) example : flats/ condominium

2 National Land code : Strata Title :

Memorandum of transfer (MOT) lot to purchaser within 21 Dpt,kan strata title dan accessory title dan memorandum perpindahan.
days hari or a.s.a.p (Clause :11 –Document ownership
separate / transfer of ownership)
(klausa :11 –dok.hakmilik strata berasingan & pindah milik)

3 Pemilikan kosong @ vacant possession Pemilikan kosong @ vacant possession

dalam masa 24 bulan. (klausa 23) dalam masa 36 bulan. (klausa 26)

4 - Tidak berkaitan - Developer to construct at his cost Common facilities

(klausa 17)

5 Infrastruktur & penyelenggaraan (klausa 16) :pembeli kena Pembeli kena bayar servis maintanance sebaik shj perolehi pemilikan kosong.
bayar dari masa ke semasa sehingga diambil alih oleh PBT.
(klausa 18)

6 - Tidak berkaitan - Sinking fund

(klausa 19)
7 - Tidak berkaitan - Penjual, pembeli & semua pembeli haruslah menginsurankan bangunan sebaik
shj perolehi pemilikan kosong.
(klausa 20 ; Insuarans)

8 - Tidak berkaitan - Completion of common facilities

9 Jadual 1 Copy of approve Layout plan
Jadual 2 Copy of approve building plan
Jadual 3 – Schedule of payment of purchse price
Jadul 4 – Building Description
(klausa 27)
Jadual 1 Copy of approve plans
Jadual 2 Common facilities & service
Jadual 3 – Schedule of payment of purchse price
Jadul 4 – Building Description
Jadual 5 – Form of service charge statement
•What happen if there are discrepancies for area between SPA and actual built up?
Schedule G
Small – Purchaser entitle to claim for reduction of purchase price base on
cost/square meter
Large – Vendor can claim up to 2% only of excess size.

Schedule H
Small – Purchaser entitle to claim for reduction of purchase price base on
cost/square meter
Large – Vendor not entitle to claim if bigger then building plan.

•What if the developer want to use a cheaper materials in a housing development

after sales? What would you advise? What happen if the materials and workmanship
doesn’t comply with SPA?

Regulation 13 of schedule G & H of HD regulation -

What are the architect’s duties while certifying stage payment for schedule H/ non-housing project?

Klausa 4 – Jadual Pembayaran

Tiap-tiap notis yang disebut dalam Jadual Ketiga meminta bayaran hendaklah disokong oleh suatu perakuan yang ditandatangani oleh Arkitek mengesahkan bahagian kerja-
kerja yang telah disapkan mengikut peringkat kerja yang ditetapkan.

Klausa 11 – Seperat strata title document dan transfer of title

Penjual bertanggungjawab untuk memohon hakmilik strata. Arkitek perlu mengesahkan petak dibina mengikut pelan-pelan yang telah diluluskan oleh pihak berkuasa seperti
yang dinyatakan dibawah klausa 9(b) Akta Hakmilik Strata.

Klausa 12 – Position and area of lot

Jika kedudukkan dan keluasan petak berbeza dengan dokumen hakmilik tetap. Arkitek hendaklah menasihatkan penjual untuk memberi penyelarasan harga seperti yang
dinyatakan dalam klausa 12 (2)

Klausa 13 – Material to comply to approve description

Arkitek hendaklah memastikan petak tersebut dibina mengikut keperihalan yang dinyatakan dalam Jadual Keempat dan mengikut pelan-pelan yang diluluskan oleh PBT. Akitek
juga perlu menasihatkan penjual tiada perubahan bahan boleh dibuat tanpa izin bertulis daripada pembeli kerana ianya boleh mengakibatkan kepada potongan harga.

Klausa 14 – Restriction of variation by pruchaser

Arkitek perlu mengambil perhatian klausa 14(1), dimana menyatakan pembeli tidak boleh buat pengubahan yang melibatkan pindaan kepada Pelan Bangunan yang dilulus tanpa
mendapat izin bertulis daripada Penjual sehingga Perakuan Siap dan Pematuhan yang berkenaan telah dikeluarkan.

Klausa 18 – Payment of maintenance service

Selepasa pemilikan kosong petak diberikan, pembeli hendaklah membayar kos penyelenggaraan mengikut jumlah unit syer yang telah ditetapkan oleh Juru Ukur Berlesen yang
dilantik oleh Pemaju untuk petak tersebut berdasarkan pelan yang disediakan oleh Arkitek.
Klausa 19 sinking fund
Klausa 20 – Insurans
Pembeli hendaklah membayar sebahagian yang adil bersamaan dengan unit syer yang telah ditetapkan oleh arkitek penjual bagi menginsurankan bangunan tersebut terhadap
kerugian dan kerosakan akibat kebakaran.

Klausa 22 – Connection in relation to water, electricity , gas and sanitary plumbing

Make sure all the above Is ready for connection

Klausa 23.- Pematuhan Undang-Undang Bertulis/

Akitek Penjual hendaklah mematuhi peruntukkan-peruntukkan dan kehendak-kehendak undang-undang bertulis yang sedang berkuatkuasa..
24 to consider all new rules, act and requitment and adapt to construction. Inform client
Klausa 25- Masa Untuk Penyerahan Pemilikan Kosong
Akitek Penjual hendaklah menyelaraskan penyerahan pemilikan kosong bersama-sama dengan bangunan dan semua perkhidmatan dan kemudahan bersama.

Klausa 26(1) – Cara Penyerahan Pemilikan Kosong

Arkitek Penjual perlu memastikan pemilikan kosong petak tersebut bersedia untuk penyambungan bekalan air dan elektrik, serta memperakui bahawa bangunan itu siap
pembinaan mengikut pelan-pelan yang diluluskan dan mematuhi kehendak-kehendak Pihak Berkuasa.

Klausa 26(2) – Penyerahan milikan kosong disokong oleh Arkitek Penjual bahawa suatu perakuan siap dan pematuhan yang memperakui bahawa bangunan itu siap pembinaan
mengikut pelan-pelan yang diluluskan dan layak diduduki.

Klausa 29(3) – Tempoh Liabiliti Kecacatan

Arkitek Penjual hendaklah selepas (8) bulan dan (24) bulan selepas tempoh liabiliti kecacatan memperakui bahawa kecacatan .......petak tersebut telah dibaiki dan diperbetulkan
oleh Penjual. Ini adalah seperti yang dinyatakan dalam butiran 5(a) dan 5(b) Jadual Ketiga – jadual Pembayaran.
What are the architect’s duties while certifying stage payment for Schedule G project?

· Key clauses which confer the Architect with the power to act and the Architect’s role and obligation.
The S & P Agreement under Clauses 4(2) states that a request for stage payment from the developer shall be supported by a certificate signed by the Vendor’s Architect. It
further states that every much certificate so signed shall be proof of the facts the works referred to have been completed.
The responsibility on the Architect is therefore heavy, as his certificate is conclusive proof that the stage of work has been completed and the developer is entitled to collect his
stage payment.
Thus the Architect has to satisfy himself that the works have been completed before issuing the certificate for stage payment. He must not, under any circumstance, issue these
certificates prematurely.
Besides having to certify for stage completion, Clause 21(1) of the S & P Agreement which specifies the Manner of Delivery of Vacant Possession also empowers the Architect to
act.
This clause places responsibility on the Architect for the issuance of the certificate certifying completion of the said building.
Great responsibility is placed on the Architect to discharge his professional duty by exercising fair judgment on whether the construction of the said building has been duly
completed.
The clause also requires the Certificate of Fitness to be applied for which is done by the Architect as agent of the vendor. The Architect must note here that the application for the
CF may involve the works undertaken by the other consultants and other contractors and proper coordination is necessary.
The Architect should also not prematurely apply for the CF without properly checking that all parties have completed their scope of works and that all the conditions of approval
have been complied with.
·
Key clauses which indirectly affect / involve the Architect.

Clauses 11 on Separate Document of Title / Transfer of Title

The Vendor is required to apply for the sub-division of the building to obtain the issue of a separate strata to the said parcel under the Strata Title Act 1985. The Architect has to
be familiar with the provisions of this Act and periodically advise the Vendor when necessary of the obligation. Also under Clause 9(b) of the Strata Title Act, the Architect
is required to certify that the parcel was constructed in accordance with the approved plans.

Clause 13 on Materials and Workmanship To Conform to Description

The building description is set out in the 4th Schedule and the plans approved by the authority are to be included in the agreement under the 2nd Schedule. The Architect has to
take note that no changes or deviation are to be made without the consent in writing of the purchaser except as may be required by the appropriate authority. If changes
or deviation involve the substitution or use of cheaper materials or omission of works, the purchaser is entitled to a corresponding reduction in purchase price or
damages.

Clause 14 on Restriction Against Variation by Purchaser

The Architect has to note that the Purchaser shall not carry out any variation to the building which would involve the amendment of building plans until the CF is issued. The
Architect is also to note that for sub-divided building, even the renovation work is done after the issuance of CF but before the issuance of strata title, there may be cases
of complication arising as to preparation of drawing and certificate of completion of the parcel according to the approved plan for the issuance of strata title.

Clause 16 on Maintenance of Services

This clause provides that the purchases are liable to pay for service prior to the establishment of the management corporation. The amount would be determined according to the
provisional share units assigned to the said parcel by the Architect. As such, the Architect is responsible to assign the provisional share units according to the provisions
of the Strata Title Act.
Clause on payment by purchasers on a fair and justifiable proportion of issuance premium and outgoings, etc according to provisional share value assigned by the Architect.

Clause 25 on Defect Liability Period

This clause prescribe the defect liability period of 24 months after the handling over of vacant possession. However, in a lot of instances, the defect liability period under the S &
P Agreement differs from those stipulated under the building contract. The Architect shall while preparing the building contract, allow a longer defects liability period to
cover the Developer’s obligation under S & P Agreement.
• What is the purpose of Housing Development Account?

To regulate and control the monies transaction for housing development. And to
protect public from developer taking advantage of collected money.

• What is the purpose of Housing Development Act?

To provide for the control & licensing of the business housing development in West
Malaysia and related matters.

• What are the conditions for withdrawing surplus monies

from HD Account?
• Obtain CCC
• Request by director and supported by the director of the housing development

1. Deduction of all cost as certified by architect to complete project

2. 10% Centrum amount to above for contingencies and inflation
3. All LAD claims have been settled
•Purpose for withdrawing monies from HD Account?
•1. quit rent, taxes, assessment
•2 stamp duty
•3. legal fees
•4 insurance
•5. consultant fee, construction, earthwork, foundation,
•6. soil Investigation, building,external work, infrastructure, relocation of squatter
•7. Contribution fee: water, elec. Supply
•8. government charges
•9. Refund
•10. financing incl. interest
•11. Payment for the purchase of land
•12. administrative (eg. marketing)

• item 1,2, 12 - payment made in favour of developer

•all other items - in favour of recipient.

•Q. How would you advise the client/ developer if they wish to withdraw all monies from HDA
account or to close HAD account?

•Developer can only w'draw all monies fr. HDA accont when:
•1. housing development has been completed,
•2. solicitor for developer certifying:
•- obligation of developer under SPA fulfill incl. Transfer of title,
•Houses completed w/ CFO,
•What is the process claiming to tribunal for home buyers
4 copies FORM 1 Statement of
claim to tribunal
FORM 5 Do not reply – award
Serve by tribunal to claimant

FORM 6 Admit claim - tribunal

4 copies FORM 2 Statement of dismiss claim
defense and counter claim to
tribunal within 14 days

Serve by tribunal Dismiss claim if no counter claim

FORM 7 Claimant absent
Award respondent in counterclaim
4 copies FORM 3 Statement of
defense to counter claim to
tribunal Proceed hearing

FORM 8 Respondent absent Adjourn hearing to later date

FORM 4 Notice of hearing

Dismiss of claim by respondent

Hearing Both Absent – action strike out

Claimant and respondent

present case & adduce FORM 9 Award by consent-
evidence tribunal assist during hearing
settlement by consent

Brief oral written submission

Form 10 Award
Apakah bentuk tuntutan yang boleh di failkan di Tribunal ?

Jawapan
Terdapat dua bentuk tuntutan yang boleh difailkan di Tribunal iaitu ;
i. Tuntutan Teknikal
ii. Tuntutan Bukan Teknikal

i. Tuntutan Teknikal

Tuntutan teknikal merangkumi kecacatan mutu kerja atau tidak mematuhi bahan atau spesifikasi
sebagaimana yang dinyatakan di dalam Perjanjian Jual Beli (S&P). Tuntutan ini di buktikan
antaranya secara Gambar, Quotation, Bil, Resit, Surat atau lain-lain dokumen yang boleh
menyokong tuntutan atau membawa saksi-saksi yang berkenaan (jika berkaitan) dan tuntutan ini
perlu dinilai dalam Ringgit Malaysia.

ii. Tuntutan BukanTeknikal

Tuntutan bukan teknikal merupakan tuntutan selain dari perkara diatas sebagai contoh gantirugi
bagi kelewatan pe-nyerahan milikan kosong (Late Delivery of Vacant Possession) oleh pemaju.
•What is the process of adjudication
Notice for adjudication
1. Claimant submit grounds
CLAIMANT & complete detail of
ground
21 days

Request PAM for referal

2. Disputer set out reason
for dispute
Days dependant on PAM
DISPUTER 3. Both party fail to agree on
claim
PAM refer and adjudication
concur

21 days
Payment to adjudicator
Decision or request extension
1. Adjudication cost bear by both party equally
2. Each party have to forward RM 10,000 to appointment body for 7 days
security cost.
3. Cost incur – RM 300 per hour Extension request from
adjudicator
• Meeting/ hearing/ order of direction: ½ day meeting (4 hrs) or full
day meeting (8hr)
Day extension to be agreed by
• Appointing body to charge 7.5% administrative charge written agreement from
• Exclude service tax disputing party
• Reimbursable to be charge at PAM rate
Further extension time request

Decision

If dispute 6 weeks
Refer to Arbitrator for
dissatisfaction of decision
 NEGOTIATION MEDIATION ADJUDICATION ARBITRATION

•COMPARISON ADR
Communications
between disputing
DEFINITION parties with or without
lawyers in order to
reach a settlement
May extend over a
long period if
TIME misunderstanding
occurs but generally
controlled by parties
COST Lowest costs
CONFIDENTIALITIES Private
FORMALITIES Very Informal
No third party
involved, parties
INVOLVEMENT OF 3rd
have full control of
PARTIES
content and outcome
of discussion
Wide ranging, parties
need not confine
REMEDIES themselves to strict legal
remedies, creative
remedies possible
High because parties’
DEGREE OF PARTIES
work together to reach
SATISFACTION FOR
settlement, a win/win
OUTCOME
outcome
EFFECT ON
Preserves relationship
RELATIONSHIP
Submission of disputes
Negotiation with the Negotiation with the by consensual
assistance of a third assistance of a third agreement to a third
party (the mediator) party (the adjudicator) party (the arbitrator)
for a binding decision
May extend over a long period if
Shortest period, may be as short as Shortest period, may be as short as
hearing
1-2 days 21 days
protracted, may take
but depends on the but depends on the
months or even years
skills of the mediator skills of the adjudicator
to conclude
Higher than mediation
Lower than arbitration Lower than arbitration but generally lower
but generally higher but generally higher than litigation because
than negotiation than mediation of faster hearing and
less paperwork
Private but may become
Private Private public if there is Court
intervention
Less formal than litigation,
strict rules of evidence do
not apply but procedural
Formal, rigid, strict
Less formal then arbitration but
Very informal evidential and procedural
strict rule and procedure
rules are prescribed
rules may be statutory or
imposed by an arbitral
organization
A third party, the A third party, the arbitrator,
mediator, controls content and
A third party, the
facilitates the outcome of proceedings but
adjudicator,
process but parties have control over
facilitates the
parties are in choice of arbitrator,
process and decission
control of content language, time, venue and
and outcome procedural rules
Wide ranging, with More restricted, must
assistance of be a legal remedy
More restricted, must
mediator, parties capable of being
be a legal remedy
need not confine performed, subject to
capable of being
themselves to strict arbitrability,
performed, subject to
legal remedies, legislation and rules,
adjudicators recommendation
creative remedies creative remedies not
possible possible
High because
parties work Low because award Low because award
together to reach imposed by adjudicator, imposed by arbitrator,
settlement, a win/lose outcome win/lose outcome
win/win outcome
Preserves Preserves May destroy
relationship relationship relationship

General prohibition
Mediator’s usually
against ex-parte
Parties may communicate with one
Adjudicator conduct together with communications.
communicate with party without the
COMMUNICATION both party via meeting, hearing or Arbitrators who speak
each other freely and presence of the other
order of direction to one party without
directly during the process
the presence of the
(known as ‘caucus’)
other may be accused of bias

With assistance of
mediator, there is more
certainty of achieving
Low, possibility of not Certainty in getting an Certainty in getting an
CERTAINTY OF settlement than in
producing any award at the end of the award at the end of the
SETTLEMENT negotiation but less
resolution at all adjudication arbitration
than arbitration,
depends heavily on
skills of mediator
•What is tort?
•Tort law is a body of law that addresses and provides remedies for civil wrongdoings not arising out of
contractual obligations.[1] A person who suffers legal damage may be able to use tort law to receive
compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort
law defines what constitutes a legal injury and establishes the circumstances under which one person may be
held liable for another's injury. Tort law spans intentional and negligent acts.

•What is negligence
•Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to
another.

•Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up") is a legal concept in the
common law legal systems mostly applied in tort cases to achieve monetary compensation (damages) for
physical and mental injuries (not accidents).

•Negligence is a type of tort or delict (also known as a civil wrong). "Negligence" is not the same as
"carelessness", because someone might be exercising as much care as they are capable of, yet still fall below
the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as
conduct that is culpable because it falls short of what a reasonable person would do to protect another
individual from foreseeable risks of harm.

•What is duty care

•In tort law, (or delict in Scots law) a duty of care is a legal obligation imposed on an individual requiring that
they adhere to a standard of reasonable care while performing any acts that could foresee ably harm others. It
is the first element that must be established to proceed with an action in negligence. The plaintiff (pursuer in
Scotland) must be able to show a duty of care imposed by law which the defendant (or defender) has
breached. In turn, breaching a duty may subject an individual to liability in tort or delict. The duty of care may
be imposed by operation of law between individuals with no current direct relationship (familial or contractual
or otherwise), but eventually become related in some manner, as defined by common law (meaning case law).
•Duty of care may be considered a formalization of the social contract, the implicit responsibilities held by
individuals towards others within society. It is not a requirement that a duty of care be defined by law, though
it will often develop through the jurisprudence of common law.

•Defamation
•Defamation is tarnishing the reputation of someone; it is in two parts, slander and libel. Slander is spoken
defamation and libel is printed and broadcast defamation, both share the same features. Defaming someone
entails making a factual assertion for which evidence does not exist