FAQ on EOT

Item Questions
1) APDL total units are 320 units. 120 units CCC already issued, pending VP to purchasers. Only 200 units
(80% completion) from the 320 units are needed to apply for EOT due to CCC due by 1/5/2020.

For ‘Jumlah Pembeli yang terlibat dan anggaran LAD’, it should be written 200 units (no of affected) or
320 units (total units)?

The question that first need to be answer is, when is the issuance of the VP for the 120 CCCed unit? If
the 120 unit was CCCed before MCO, but VP date is during MCO, then it would mean developer
unable to conclude the issuance of VP due to MCO. For the 200 units, developer need to justify the
time period needed to conclude all the work that was supposed to be due by 1st May 2020.

2) Referring to the FAQs issued by Rehda (udpated on 27/04/2020), particularly Question 1, we

understand from the wordings of the said paragraph, as: the developers may submit the application for
extension of time (EOT) but priority will be given to :
(1) projects that are due for delivery during MCO; and
(2) those with expected CCC before 30/09/2020.

The answer in Question 1 also provides that the developers are required to write to the purchasers (via
registered mail) on the delivery of vacant possession during MCO period pending the approval of the
EOT by KPKT.

However, the explanation is silent on the time of delivery of notices to the purchasers for cases which
does not fall within limb (1) and (2) mentioned above, that is to say, whether the notices to the
purchasers must be delivered before the application of EOT is submitted to KPKT or after?

We can only assume that notices may be submitted after the application of EOT is submitted to KPKT
for cases which does not fall in limb 1 and limb 2.

Correct.

3) We wish to also highlight to you, the Note printed at the last page of the ‘Tatacara Permohonan Rayuan
Pelanjutan Serahan Milikan Kosong Diakibatkan Perintah Kawalan Pergerakan Bermula 18 Mac 2020
(updated on 27/04/2020)’. It was stated that ‘Pihak pemaju adalah DIWAJIBKAN untuk menyertakan
salinan surat perjanjian dengan Kontraktor Utama yang dimeteraikan berhubung dengan PERSETUJUAN
MELANJUTKAN TEMPOH PENYIAPAN KERJA (EOT) BAGI PEMAJUAN YANG BELUM MENCAPAI
PERINGKAT CPC.’

From the wordings thereof, it appears that prior to the submission of the application of EOT, the
Developer is to submit a supplemental agreement entered with the Main Contractor on the agreement
on the extension of time. This too, you may need to clarify with KPKT. Is this a document made
compulsory by KPKT amongst other documents as per the Tatacara Permohonan?

Yes. Developer are given a month period after the MCO is lifted to prepare all the required
document, especially for development are yet to obtain CPC or of which the delivery date are still far
ahead (say in May 2021 or in 2022). Developer need to prove that EoT will be granted to their main
contractor based on request of their contractor and recommendation of the appointed architect.
 JPN will reciprocate and take the time period of EoT given to the main contractor to conclude the
development and construction work of the said project in considering the agreed EoT for the
developer.

4) How to estimate date of completion as MCO might be extended?

This will be based on how long of extension that the developer requested. For example, you
requested for a 6 month extension or a November 2020 delivery of VP date instead of the original
May 2020 based on the actual or original completion dates for work listed in the butiran.

The developer and the architect will need to justify why you need such period to conclude the work,
since the PKP lasted from 18 March 2020 and on 4 May 2020, the government has allowed for work on
the construction sector to restart through Conditional Movement Control Order (CMCO). In this case,
you may have to work backward based on the new proposed date for issuance of CCC.

Please be mindful that this is an appeal to extend the date of delivery of vacant possession, which will
affect the purchaser in term of LAD that they may claim from the developer; and it will also meant that
developer will need to calculate new DLP period based on the new VP dates.