Throughout a building’s journey from development to occupation, a massive amount of paperwork is involved.
Amongst all the black and white however, perhaps the most important document would be the Certificate of Completion and Compliance (CCC).
You might have read our previous article where we introduced the basic concept and process of the CCC. In this article, we’ll be further addressing some more questions you may have about the CCC Malaysia.
When it comes to this crucial certificate, you’ll never NOT be in the know again!
Understanding What The CCC Malaysia Is About
Now, first up, this certificate acknowledges that the building is well constructed and fit (read:safe) for occupation, and is absolutely mandatory for all buildings in Malaysia, be it commercial or residential.
Throughout the CCC process, every step of the building development process requires the responsible party to sign off to confirm a job well done.
From earthworks to plumbing to fire safety, every aspect of the building has to be addressed to verify that it’s safe for occupation.
This system came into force in April 2007 to replace the Certificate for Fitness for Occupation (CFO).
The old CFO system was inefficient and involved a whole tonne of red tape. As it was the Local Authority (LA) who was in charge of issuing the CFOs, the process was time-consuming and often dragged out.
With the CCC however, the responsibility is passed on from the LA and shared amongst the architects, engineers and relevant parties – resulting in a more efficient, self-regulated process.
What The CCC Means For You As A Homebuyer
“I’m no developer, what does the CCC Malaysia have to do with me?” For the average homebuyer, the CCC isn’t typically something they bother with.
But think about it this way – would you be comfortable being operated on by a doctor who isn’t trained and registered with the Malaysian Medical Council (MMC)?
A building which has not been issued its final CCC is not guaranteed safe to live in, so never accept vacant possession of your property before it’s been granted a CCC!
Common FAQs About The Certificate Of Completion and Compliance (CCC)
And now, we come to the part where we answer some of the questions which you may have, but are unsure where to find the answers (psst, they’re right here!).
1) Who is responsible for issuance of the CCC?
In Malaysia, the Certificate of Completion and Compliance will be issued by a Principal Submitting Person (PSP).
The PSP may be a professional architect, professional engineer or building draughtsman registered with the Board of Architects Malaysia (LAM).
The PSP must be registered with their respective boards under the law relating to their field, such as the Architects Act 1967 or Registration of Engineers Act 1967 (Revised 2015).
2) When can the CCC be issued?
The PSP can issue the CCC once the following conditions have been met:
- All technical conditions imposed by the LA have been satisfactorily complied with.
- When Form G1 (earthworks) to Form 21 (landscape) in respect of stage certifications as set out in the Second Schedule have been duly certified and received.
- When all essential services, including access roads, landscape, car parks, drains, sanitary, water and electricity installations, fire hydrants, sewerage and refuse disposal requirements and, fire lifts where required have been provided.
- When the PSP certifies in Form F that he has supervised the erection and completion of the building and that to the best of his knowledge and belief the building has been constructed and completed in accordance with the Street, Drainage and Building Act 1974 [Act 133], the Uniform Building By-Laws (2007) and the approved plans.
3) What else is the PSP responsible for?
Apart from issuance of the CCC, a few other roles the PSP is responsible for include:
- Submission of the building plan for approval by the Local Authority (LA).
- Supervise construction works at the site and ensure that the provisions of the law and technical conditions imposed are complied with.
- Submit the CCC to the developer as well as to the LA and relevant professional boards.
4) Seeing as the PSP who supervises the construction is also responsible for issuing the CCC, isn’t there a conflict of interest?
While there may be a conflict of interest, the premise behind the CCC system is that only those who are most knowledgeable on the building’s development have the authority to issue the CCC.
Since the PSP supervises the construction, he/she is most familiar and most involved with the building from construction to completion.
But fret not! Any parties who produce any false declaration, certificate, application or representation of any form in the CCC process will be fined a sum not exceeding RM250,000, a jail term not exceeding 10 years, or both.
5) Who is responsible for any faults if the PSP dies or cannot be contacted after issuing the CCC?
If the PSP dies or cannot be contacted after the CCC has been issued, any faults that arise are a responsibility of the relevant party.
This is because the CCC system employs a Stage Certification process, where EVERY building component is placed under the responsibility of whoever is in charge of that component.
For example: A licensed plumber for internal water plumbing, and a licensed land surveyor for the layout of the land, etc.
So even though the PSP is responsible for the overall construction of the building, other parties still hold the responsibility for their respective areas of work on the building.
6) Since the Local Authority (LA) isn’t in charge of issuing the CCC anymore, what is their role under this system?
While the LA may not be in charge of issuing the CCC anymore, they still hold the highest authority in the process. The LA still has to:
- Approve the planning permission
- Approve the building plan
- Conduct on-site inspections on their own initiative or in response to complaints
- Issue notice to the PSP to withhold issuance of the CCC
- Report and charge any parties who may have provided false certification
7) Since the CCC process is self-regulated, how is misuse/abuse of power prevented?
As mentioned above, the CCC system employs a Stage Certification process. This allows for clear documentation of roles and responsibilities throughout the development’s construction.
On top of that, the relevant professionals are also governed by their respective governing bodies and legal acts.
8) With so many stages to the process, will there be any delay for the building to receive its final CCC?
No, this is because the certifications for each building component is carried out in stages – as and when each particular component is completed at each site.
The PSP can issue the CCC immediately after he/she is satisfied that all the criteria has been met.
If we were to compare this to the previous CFO system, the Submitting Person has to submit the application to the LA and wait for on-site inspection before the CFO can be issued.
9) How does this CCC system benefit me as a homebuyer?
The CCC can now be issued along with the Notice of Vacant Possession (VP). Meaning, you’ll be able to move in immediately after possession of your keys!
It’s also safe to say that the quality of the building’s works can be expected to improve, seeing as how there’s a clear trail of responsibility and legal consequences for any negligence.
If There’s One Thing You Can Take Away From This Article…
Never ever accept Vacant Possession (VP) if your building has not been issued its Certificate of Completion and Compliance (CCC)!
Remember that this certification is proof that the building is fit for occupation. Hence, a building without a CCC may have underlying problems such as sewerage or fire safety issues.
However, certain developers have been known to issue “partial CCCs”, where only a certain element of the building has been approved.
If your developer tries to tell you that partial CCC is sufficient for VP, don’t be fooled! Section 3 of the Housing Development Act (HDA) expressly states that Partial CCC is not acceptable for issuance of Notice of Vacant Possession (VP).
Buying a house is a huge milestone in life, full of risks and pitfalls. We’re here to help you with that! Read more of the other legal documents that you’ll be coming across here!