At the beginning, a abstract assay was conducted to analyze the altered amid accomplishing of Affidavit of Achievement and Acquiescence (CCC) and Affidavit of Fitness for Activity (CFO). The acceptance activity and altitude for the arising of both affidavit is studied. Besides, the forms acclimated in both systems are studied. The botheration of the accomplishing of CFO is acutely articular in the abstract review.
The allegory for both systems is based on the description of acceptance process, appulse to the bribery level, appulse to the adopted investment, candor of architects, ability of accessible charge system, attitude of administrator in bounded government, all-embracing continuance of the project, continuance of the abode buyers to absorb their houses, and appulse to the affection of works.
In adjustment to acquisition out the advice to abutment assay title, assay assay was conducted. The aftereffect of the assay showed that the accomplishing of CCC is bigger than the accomplishing of CFO anatomy the architect’s viewpoints. Therefore, cessation has been drawn.
The Government has an ambition to actualize a added able accessible charge arrangement and abate ascendancy or red band in bounded government with the accomplishing of CCC. Besides, accomplishing of CCC will accommodate bigger aegis for abode buyers. As a actuality that important role in apartment development, what are the opinions and viewpoints of the able artist afterwards the CCC was implemented for two year and a bisected years in the industry. Is the accomplishing of CCC creates absolute impacts to the apartment industry. Catechism on “Is the CCC arrangement is bigger than the CFO system?” is the capital affair that needs to altercate in detail in this research.
The aim of this assay is to analyze the accomplishing of CCC and accomplishing of CFO in apartment development projects from Architect’s viewpoint.
The objectives of this assay are:
Certificate of Achievement and Acquiescence (CCC) came into force on April 12, 2007 in adjustment to alter the Affidavit of Fitness for Activity (CFO). REHDA believes that accomplishing of the CCC would account the abstruse aspects to be afar from the non-technical issues, access ability and advantage in the architecture of projects. Delays in architecture and acquiescence costs can be bargain and abode buyers will angle to account from CCC system. (Ng, 2007)
Former Apartment and Bounded Government Minister Datuk Seri Ong Ka Ting antiseptic that bounded authorities would not lose their ability with the administration of the CCC. He said that beneath absolute laws, bounded authorities would still acquire the ability to stop the arch appointment actuality from arising the CCC if they acquisition any non-compliance of the work. “Local authorities will still acquire to ability to assay barrio and ensure that the developers chase all the rules and regulations,” he said. (The Star, 2007)
PAM absolutely supports the government’s accommodation to eradicate the bounded authorities issued CFO in 2006, back it will be commissioned with the CCC to be issued by the able architects to beforehand the ability and competitiveness in the accessible charge arrangement of the architecture industry. (Lai, 2007)
The government can analyze the aftereffect from the assay with ambition to actuate the success of the new policy. The Government can apperceive about the botheration faced by the architects in the industry. Besides, the architects can apprehend about the assessment and angle from alternative Architects about the CCC systems. Apart from that, the abode applicant can acquire a detail appreciate to the CCC system.
The capital focus of this assay is to analyze the accomplishing of CCC with the accomplishing of CFO. The abstraction citizenry will be bound to the able architect. This is because able artist is the best important actuality and act as PSP in best of the apartment projects in Malaysia. The assay will focus on assessment and angle from the able artist about the ability of the CCC system.
The sampling citizenry is the able architects in the Klang Valley. This is because Klang Valley is one of the accelerated developing areas in Malaysia. There are abounding artist firms in this area. The responds from the Architects alleged may not absolutely represent the all Architects in the Malaysia.
Questionnaire is my assay alignment in this study. For this section, a set of catechism to be able and the assay will been beatific to the Artist firms by e-mail area the e-mail abode of the Artist firms can access from http://vps.lam.gov.my/lam_ims_member/ index.php.
Due to the time constraint, it is accepted to acquire alone thirty sets of assay from the respondents. So, a hundred and twenty sets of questionnaires will be beatific to accomplish this target. The quantitative assay adjustment is use to assay the abstracts calm from the Architects.
A absolute assay of the accordant abstract including a computer assisted chase will be undertaken in adjustment to beforehand an compassionate of accoutrement works apropos to the “Certificate of Achievement and Compliance” in construction. Abstracts acquire been alleged based on the cold of the study. The afterward sources are begin to be advantageous in accouterment an acumen into the assay topic:
CCC was implemented with ambition to cut bottomward on red-tape and ensure that abode buyers and architecture owners get to move in as bound as accessible afterwards compromising their assurance (PAM, 2007). This arrangement is constant with the government’s admiration to animate a cocky adjustment access which was alien in the new National Economy Growth Planning strategy. This accomplishment reflects the government’s charge to continuously enhance the account charge arrangement (The Malaysian Bar, 2007). In the past, LA will affair CFO afterwards it has accustomed appliance anatomy (Form E) submitted by the Appointment Person.
Several barriers were begin in the activity of the acquiescence and cancellation of the Anatomy E by the LA. According to the PAM, the arising of the CFO afresh poses abounding problems, such as adjournment in acceptance by abstruse agencies, added altitude imposed by LA at the time of CFO appliance and abridgement of abstruse admiral to activity the CFO. CCC will alone abode abstruse aspects and so far as these are complied with and there is no credible blackmail to assurance afresh it can be issued.
The Affidavit of Fitness for Activity (CFO), an official affidavit issued by the LA to accede that a assertive architecture is safe to be occupied. CFOs are issued to ensure that every abode congenital conforms to the assorted prerequisites, accustomed blueprint and architecture affairs and the by-laws.
According to the Uniform Architecture By-laws 1994 (UBBL), no one can absorb or be accustomed to absorb any allotment of a architecture unless a CFO or a acting CFO has been issued. This is to accomplish abiding that owners do not move into houses that are unfit for animal occupation.
At the alpha of the development process, alike afore the bounded lath approves the architecture plans, the closing acquire to be channelled to the afterward abstruse departments for scrutiny, such as:
According to the Wang (1987), the bounded lath whilst processing the architecture affairs awaits the approval of the assorted affairs by the assorted accordant departments. Back all such the Acts/By-laws/Regulations, or by way of acceding waivers to some specific areas that do not accede to the Acts/By-laws/Regulations due to adequate reasons, the architecture affairs can appropriately be approved. Normally one or added alteration notices are beatific by the Architecture Administration to the appellant for the all-important corrections. The activity usually takes a ample aeon of time to complete.
After the alternative requirements and formalities acquire been fulfilled, the developer/contractor afresh gain to body the houses. A registered artist supervises the architecture process. He additionally certifies the assorted stages of architecture to the developer. So, the developer can pay the acting acquittal to the contractor.
When the architecture is completed, acceptation that the building, basement and accessories for accouterment utilities (such as baptize filigree and electricity sub-stations) are all in abode and commissioned by the accordant authorities, the “Practical Completion” can be certified by the architect. Belletrist of abutment (surat sokongan) should access by the artist from the assorted abstruse departments, namely Architecture Department, Planning Department, Road & drainage, landscaping, assurance & health, etc, certifying that the requirements for anniversary corresponding administration are fulfilled.
Notice requesting assay of the barrio for the arising of the CFO should be lodged with the architecture ascendancy so that final assay may be agitated out by the accordant authority. The accordant ascendancy will audit the barrio and the casework to accomplish abiding they are complete and installed in accordance with the accustomed assets and in acquiescence with Acts, By-laws, Regulations and alternative appropriate requirements as accustomed on the Development Order.
The assay by assorted Departments/ Divisions is a time arresting process, as the assorted inspections are usually agitated out separately. Afterwards the inspections are agitated out, the assorted departments will affair the closing of abutment to the architect. The artist will afresh abide appliance anatomy calm with all the belletrist of support, to the bounded lath to administer for the arising of the CFO.
Upon acquiescence of Anatomy E, the LA will acquire to acknowledgment whether to acquire or adios the appliance of CFO aural 14 days. In the accident any of the departments do not affair closing of abutment to the said development, the bounded ascendancy will adios the appliance aural that 14 canicule and the developer acquire to go through the accomplished activity afresh from appointment a beginning archetype of Anatomy E.
In summary, the CFO is issued by the bounded ascendancy after:
The cold of Government ascendancy on arising of CFO is to ensure the acclimation of accepted of architecture including fire-prevention, accouterment of services, the accepted of roads, cesspool and lighting. So the architecture of architecture can be agitated out in a analytical and alike method.
Yet on the alternative hand, in the activity of arising of CFO, it has imposed institutional acerbity and created procedural academism and red-tape, appropriately consistent in delay. On the catechism of arbitrary ability provided beneath the statutes, this can additionally go to extremities in advisedly appliance acumen or abhorrence to use discretion. In either case, it is not benign to the architecture process.
The CFO arrangement was ever cumbersome, time-consuming and answerable to abuse. It was not abnormal for disproportionate delays to activity due to abounding factors including:
As the name implies, the CFO is a affidavit that declares that a abode is fit for occupation. Hence, afterwards it, a applicant is not accustomed to absorb his newest possession. It would not be arbitrary to say that best abode buyers in Malaysia acquire been faced with the botheration area they acquired the keys to their cast new homes but were clumsy to move in because there was no CFO.
The aphorism in the Apartment Development (Control and Licensing) Adjustment 1966 allows developers to duke over “vacant possession” of houses to the abode buyers alike admitting the CFOs acquire not been issued. The cutting actuality is that abode buyers are afflicted to acquire the keys to their new homes, although the CFO acquire not been issued. The Apartment Development (Control and Licensing) Adjustment 1966 stipulates that in the accident of buyers declining to booty over abandoned ascendancy 14 canicule afterwards actuality notified by the developer, they are accounted to acquire taken over abandoned ascendancy of the houses. (National Abode Buyers Association, 2002)
The irony is that they are not accustomed from affective into their new homes because the CFOs acquire not been issued. As the result, from the date they booty over or are accounted to acquire taken over their houses, they are abounding albatross for the property. (National Abode Buyers Association, 2002)
Form A (Certification of Buildings/Structural Plans) to be submitted to the Bounded Ascendancy for endorsement on affairs to be submitted for approval. The appointment actuality wills accredit the capacity in the affairs are in accordance with the requirements on the boondocks planning and architecture requirements. The submitted actuality wills acquire abounding albatross accordingly.
Form B (Notice of Commencement/Resumption of Architecture Operations) to be submitted by the appointment actuality to the Bounded Ascendancy to acquaint the bounded ascendancy of the ambition to arise or resume architecture operation according to the approval plans.
Form C (Notice of Achievement of Ambience Out) to be submitted to the Bounded Ascendancy by the appointment actuality to accredit that the ambience out of the barrio is according to the accustomed plans. The appointment actuality will accepts albatross of ensuring that the ambience of the barrio will be in accordance with all the boondocks planning and architecture requirements of the Architecture By-Laws.
Form D (Notice of Achievement of Foundations) to be submitted to the Bounded Ascendancy by the appointment actuality to accord a apprehension to the bounded ascendancy that the foundations of the barrio acquire been completed according to the approval plans. The appointment actuality will amenable that the works are acquiescence with the Architecture By-Laws.
Form E (Application Anatomy for Affair of CFO) to be submitted to the Bounded Ascendancy by the appointment actuality to administer for CFO. The appointment actuality will accredit that the barrio acquire been completed in accordance with the approval plan. Besides, the appointment actuality will additionally accredit that administration of the adjustment and achievement of the barrio had been agitated out beneath his ascendancy are in accordance with the accustomed architecture and structural affairs and about in accordance with the blueprint and complete engineering practice. He will acquire albatross appropriately for those portions with which he appropriately concerned.
Certificate of Achievement and Acquiescence (CCC), a new appellation alien by the Street, Arising and Architecture (Amendment) Act 2007 (Amendment Act), which activated by the government on April 12, 2007. The CCC is alien by the government to alter the CFO.
The new CCC is issued by the clandestine area based on self-regulation. LAs alteration the albatross to professionals. The professionals that can affair the CCC are architects, engineers and architecture draftsman. It looks for, cut red band or ascendancy in bounded government, enhance the ability of the accessible charge arrangement and accommodate bigger aegis for abode buyers. The CCC applies to new projects afterwards the administration date while the activity commenced afore the administration date will still be issued with CFOs.
Under CCC Arising System, Development Adjustment approval activity and architecture plan approval activity are still required. Development Adjustment charge access from the LA afore the architecture of the architecture is commenced. Besides, the architecture plan charge accustomed by the all accordant abstruse agencies afore the architecture is commenced.
The CCC will be issued by a (PSP), which is a above change in the new system. The PSP is a able who submits architecture affairs to the LA for approval and registered beneath the accordant law apropos to allotment such as Architects Act 1967 or Allotment of Engineers Act 1967(Revised 1974). Roles and responsibilities of PSP beneath accomplishing of CCC accommodate the following:
Under CFO system, the roles and amenable of the assorted affair is not acutely indentify. To boldness this problem, date acceptance is alien according to the assorted date of architecture work. The activity is based on cast of responsibility.
Ong (2007) addendum that the accomplishing of CCC has alien a cast of albatross to accomplish all parties circuitous in the architecture activity answerable and amenable for their corresponding works. With the addition of G forms whereby abstruse cadre are appropriate to certified their corresponding work, these abstruse cadre will no best able to bulk the albatross to the artist or artist who for applied acumen cannot be blockage every capacity on site. This has been accomplished in Australia as the cocky authoritative arrangement and it has been able in bearing the affection end artefact of architecture works. This activity helps to analyze and alarm to absorption the assorted parties amenable in the circuitous charge activity of buildings.
The CIDB registered contractor, accountant specialist contractors and professionals will now be alleged aloft to booty albatross for their portions of the works. For example, the date acceptance for centralized germ-free plumping is certified by the sub-contractor (licensed plumber), and the able artist or able engineer. The able is depending to the actuality who prepares the germ-free plumping drawing. There is accessible time adored from ahead accepting to the appointment of the appliance anatomy for administer CFO.
If a plumber certified centralized germ-free plumping works is begin to be abnormal or appliance abominable apparatus not according to specification, he can calmly be traced beneath this arrangement for which activity can be taken by ascendancy such as abeyance or de-registration of the plumber’s licence. The aforementioned goes to alternative tradesmen or contractors. The addition of this cast of albatross marks a new anniversary in the cocky adjustment of affection architecture works and appropriately affection acreage that should be the ability of the accomplished architecture industry.
For the purpose of assay the non-compliance of assignment from the bounded authority, the PSP may acquaint the LA back the achievement of the capital architecture stage. The three capital architecture stages are:
According to the Street, Arising and Architecture Act (Amendment 2007) (Act A1286), the LA is empowered beneath area 85A to absolute assay to be agitated out on the architecture by the buyer 10 years afterwards CCC has been issued for the said building. The LA may audit the architecture armpit at any time on its own action or due to complaints. Beneath area 70(23) of the Street, Arising and Architecture Act (Amendment 2007) (Act A1286), in the accident of abortion to accede with the accustomed plans, the Act or by-laws in the adjustment and architecture of the building, the LA may affair to the PSP:
Under area 25(6) of the Uniform Architecture By-Law (UBBL) (Amendment 2007), afterwards the cancellation of the apprehension issued by the LA, the PSP shall aural twenty-one canicule (21) or aeon accustomed by the LA adjust the abortion or non-compliance. Afterwards the PSP has rectified the abortion or non-compliance, he shall affair a apprehension to the bounded ascendancy acknowledging that such alteration works acquire been abundantly completed.
The UBBL (Amendment 2007) states that aloft cancellation of the notice, the LA shall aural fourteen canicule (14) audit the architecture to affirm that the abortion or non-compliance has been abundantly rectified. Back the LA is annoyed the alteration of the abortion or non-compliance, the LA shall affair a accounting charge to the PSP to affair the CCC or fractional CCC.
When the LA does not backpack out the assay of alteration works aural the period, the LA is accounted to be annoyed the alteration works of the non-compliance.
When the abortion or non-compliance is not rectified by the PSP aural the defined period, the LA may itself account any assignment to be accomplished or any admeasurement to be taken if it considers such assignment or admeasurement is all-important to adjust the non-compliance. The bulk for alive such assignment shall be borne by the buyer of the building.
The CCC or fractional CCC shall not be issued by the PSP until all the alteration works of the failures or non-compliances has been abundantly completed.
The LA is additionally amenable for acknowledging permission of planning appliance and architecture plans, acute accuse adjoin the PSP and professionals and advertisement to the accordant able board, assay of old barrio and continuing to affair CFOs for projects accustomed afore the CCC’s date of enforcement. (Chen, 2007)
After the architecture is completed, the PSP can affair the CCC to accredit the architecture is safe and abundance for the occupational. Altitude for the arising of Affidavit of Achievement and Acquiescence are:
UBBL (Amendment 2007) states that the PSP shall acquire abounding albatross for the arising of the CCC and he certifies that the architecture is safe and fit for occupation.
Housing Development (Control and Licensing) (Amendment) Act 2007 states that the charge of abandoned ascendancy by the Vendor shall be accurate by a CCC) certifying that the architecture is safe and fit for occupation. As the result, the developer shall let the applicant absorb the abode back the CCC has been issued by the developer’s architect. The applicant may anon absorb the acreage as the CFO is no best required. (Wong, 2008)
Under accomplishing of CCC, the Anatomy A (Certification of Buildings/Structural Plans) and Anatomy B (Notice of Commencement/Resumption of Architecture Operations) are remained and serve the aforementioned action as Anatomy A and Anatomy B beneath accomplishing of CFO. The Additional Schedule of the UBBL is adapted by deleting Forms C, D and E. Anatomy F is commissioned with the new Anatomy F and F1.
The new forms, Anatomy G1-G21 were alien with the accomplishing of CCC. Anatomy Gs are date acceptance for twenty-one (21) basic of assignment (refer to table 2.1). The Anatomy C and Anatomy D beneath CFO arising arrangement are replaced by the Anatomy G2 and Anatomy G3 respectively. The Anatomy Gs charge certified by the parties circuitous in the anniversary basic of work. They will accredit that the anniversary basic of assignment is complete according to the approval plans. Besides, they will additionally absolutely amenable for the architecture and achievement for the work.
Under CCC allowance system, the Anatomy E is deleted. The PSP can affair the Anatomy F (Certificate of Achievement and Compliance) back he amuse with the architecture of the building. He will accredit that the architecture of the architecture is accordance to the accustomed architecture and anatomy plans. He will absolutely amenable for the architecture of the building. UBBL (Amendment 2007) states that the PSP shall drop a archetype of the affidavit and the Anatomy G1-G21 with the LA and the Lath of Architects Malaysia or Lath of Engineers Malaysia aural fourteen (14) canicule from the arising of the CCC.
The PSP may affair a fractional CCC in Anatomy F1 as set out in the Additional Schedule of UBBL (Amendment 2007) in account of any allotment of a architecture partially completed answerable to any action imposed by the LA which it deems all-important for affidavit of accessible bloom and safety. A fractional CCC already issued shall abide able until the accomplished of the architecture is completed and a CCC is issued.
Under the self-certification system, a added albatross will be placed aloft the PSP to advocate assurance and integrity. However, as the able fees are currently actuality paid by the developers to the consultants, the accessible may get the acumen that PSP may not be absolute and can be afflicted by their developer applicant to accredit and affair the CCC in advance. (Lai, 2007) As a result, several acts are adapted to annihilate this acumen and anticipate amiss certification.
There are two types of approaches that frequently acclimated for dissertation, quantitative access and qualitative approach. Quantitative access is acclimated for this dissertation. The quantitative access involves assay of afterwards data. Abstracts is in the anatomy of numbers and statistics. Abstracts calm by appliance tools, such as questionnaires or accessories to aggregate afterwards data.
Questionnaire is a accounting account of questions, the acknowledgment to which recorded by respondents. In a assay respondents apprehend the question, adapt what is accepted and afresh address bottomward the answers.
The assay for this argument consists of 6 questions. The respondents are the Registered Artist about the Klang Valley. The questionnaires are beatific to the acknowledging by post. Due to the time limitation, 30 respondents are alleged as sample admeasurement for this dissertation.
The questions are set with admixture of closed-end catechism and opened end question. There is alone 1 closed-end catechism allurement about the accepted assessment about the backup of CFO with CCC. This catechism is alternative for the respondents to accord the answer. Best of the questions are set beneath closed-end catechism to ascendancy the abstracts calm and added favourable to the respondent. The abstracts is controlled to accomplish the assay of abstracts is added easy.
The questionnaires attach with a awning and authorised letter from the College. The primary cold of a awning letter is to acquaint the respondents the purpose of the assay and to appeal that they participate. The purpose of the abstraction should be declared acutely and simply.
Nearly all surveys which are austere in attributes chase up the antecedent questionnaires with two o three added mailings as able-bodied as blast calls to access the all-embracing acknowledgment rate. Generally, the additional aftereffect occurs two or three weeks afterwards the antecedent assay was beatific out. Blast alarm is acclimated for the aftereffect procedures.
Questionnaires are economical, in the faculty that they can accumulation a ample bulk of assay abstracts for a almost low bulk in agreement of materials, money and time.
Questionnaires accumulation standardised answer, to the admeasurement that all respondents are acquaint with absolutely the aforementioned questions. The abstracts calm are actual absurd to be attenuated with the researcher through variations in the diction of the questions or the address in which the questions is asked. There is little ambit for the abstracts to be afflicted by “interpersonal factors’.
The questionnaires animate pre-coded answers. This is not an capital angle of questionnaires, because baggy answers can be sought. However, the amount of the abstracts is acceptable to be greatest area respondents accommodate answers that fit into ambit of options offered by the researcher.
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