Professional Documents
Culture Documents
(CCC)
(Wednesday, 15 August 2007) - Contributed by Ir. Chen Thiam Leong - Last Updated (Friday, 17 August 2007)
1. Effective Date of CCCThe Prime Minister has on 13th April 2007 announced officially that CCC, OSC (One Stop
Centre), COB (Commissioner of Buildings) and Built and Sell (10:90) will take effect on 12th April 2007 and that all Acts
and regulations have been put in place for their implementation. The Government is committed to give intensive training
to all the local authorities and related agencies for 2 months for their effective implementation.
A further fine has been increased from not exceeding RM 250 to RM1,000 for each day during which the offence is
continued after conviction:-
- commences or resumes the erection of a building in contravention of sub-section (9);
- commences or resumes the erection of a building in contravention of sub-section (9A);
- deviates from any plan or specification approved by the local authority without the prior written permission of the local;
- erect a building in contravention of this Act or any of the by-laws made; or
- fail to comply with any lawful order or written direction of the local authority or with any term or condition attached by
the local authority to any modification or waiver of any of the requirement of any by-law,
- 70(20) No certificate of completion and compliance shall be issued except by principal submitting person in accordance
with the time, manner and procedure for the issuance thereof as prescribed by this Act or any by-laws made,
- 70(21) Before the issuance of certificate of completion and compliance, it shall be the duties and responsibilities of the
principal submitting person to:
- Supervise the erection of the building to ensure that the erection is in conformity with the approved plans and the
requirements of the provisions of this Act or any by-laws made;
- ensure that the building has been duly constructed and completed in conformity with the approved plans and the
requirement of this Act or any by-laws made and that all technical conditions imposed by the local authority has been
duly complied with; and
- ensure the building is safe and fit for occupation.
- 70(22) Nothing contained in this Act shall affect the power conferred on the local authority by this Act or any by-laws
made pertaining to the erection and construction of a building for the purpose of ensuring that the erection and
construction of such building are in conformity with the approved plans and the provisions of this Act or any by-law made.
- 70(23) If it appears to the local authority that a non-compliance with the approved plans and provisions of this Act or
any by-law made by the principal submitting person has occurred in the erection and construction of the building, the
local authority may issue to the principal submitting person –
- a notice in writing, requiring compliance within the period specified in the notice, as the local authority thinks fit, in order
that the non-compliance be rectified; and
- a directive in writing to withhold the issuance of the certificate of completion and compliance until such non-compliance
has been rectified.
- 70(24) If the direction referred in paragraph (23)(b) is not complied with by the principal submitting person, the local
authority may itself cause any work to be executed or any measure to be taken of if it considers such work or measure is
necessary to rectify the non-compliance.
- 70(25) The cost for executing such work or taking such measure as referred in subsection (24) shall be borne by the
owner of the building.
- 70(26) The amount of the costs to be so recovered by the local authority shall be certified by the local authority and the
certificate of the local authority in this regard shall be conclusive proof of the matters stated therein and shall not be
subject to any appeal or review in any court.3.2 Key Amendments to The Uniform Building By-Law (Amendment 2007)
a) Amendment of by-law 2
- 2 (c) by inserting a new definition “Principal submitting Person” means a qualified person who submits
building plans to the local authority for approval in accordance with these By-Laws and includes any other qualified
person who takes over the duties and responsibilities of or acts for the first-mentioned qualified person in accordance
with by-law 7.
- 2(d) by substituting the definition of “qualified person’ with the following definition “qualified
person” means a Professional Architect, Professional Engineer or building draughtsman registered under any
written law relating to the registration thereof.
- 2(f) by inserting the following definition “building plans” means plans that include site plans, key plans,
floor plans, sections and elevations of buildings, and are as stipulated under by-laws 8, 9 and 10.
- 2(j) by inserting the following definition “technical conditions” means conditions pertaining to health and
safety issues to buildings and essential services serving the buildings.b) Substitution of by-law 25: “Certificate of
Completion and Compliance”
- 25(1) A certificate of completion and compliance in Form F as set out in the Second Schedule shall be issued by the
principal submitting person –
- when all the technical conditions as imposed by the local authority have been duly complied with;
- when Forms G1 to G21 in respect of stage certifications as set out in the Second Schedule have been duly certified
and received by him;
- when all the 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;
and
- when he 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 Act, these By-Laws
and the approved plans.
- 25(2) Upon the issuance of the certificate of completion and compliance, the principal submitting person accepts full
responsibility for the issuance of the certificate of completion and compliance and he certifies that the building is safe and
fit for occupation.
- 25(3) The principal submitting person shall within fourteen days from the issuance of the certificate of completion and
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compliance or partial certificate of completion and compliance, as the case may be, deposit a copy of the said certificate
and the Form G1-G21 with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as
the case may be.
- 25(4) Nothing contained in this by-law shall prevent the local authority or any officer authorised by it in writing for the
purpose, from inspecting any building works at any stage thereof and calling attention to any failure to the building or non-
compliance with these By-laws which he may observe and, giving notice in writing to the principal submitting person
ordering such failure or non-compliance to be rectified.
- 25(5) Subject to paragraph (4), the local authority may issue a directive in writing to the principal submitting person to
withhold the issuance of the certificate of completion and compliance or partial certificate of completion and compliance,
as the case may be.
- 25(6) The principal submitting person shall within twenty-one days after the receipt of the notice issued in pursuance of
paragraph (4) or such further period as may be approved by the local authority, rectify the failure or non-compliance.
- 25(7) When the principal submitting person has rectified the failure or non-compliance, he shall issue a notice to the
local authority confirming that such rectification works have been satisfactorily completed.
- 25(8) Upon receipt of the notice as mentioned in paragraph (7), the local authority shall within fourteen days from the
receipt of such notice inspect the building to confirm that the failure or non-compliance has been satisfactorily rectified.
- 25(9) When the local authority is satisfied that the failure or non-compliance as stipulated in paragraph (4) has been
satisfactorily rectified, the local authority shall issue a directive in writing to the principal submitting person to issue the
certificate of completion and compliance or partial certificate of completion and compliance, as the case may be.
- 25(10) When the local authority does not carry out the inspection of rectification works in pursuance of paragraph (8)
within the period as stipulated in that paragraph, it shall be deemed that the local authority is satisfied that the
rectification works have been satisfactorily completed.
- 25(11) When the failure or non-compliance is not rectified by the principal submitting person within the period stipulated
in paragraph (6), the local authority may itself cause any work to be executed or any measure to be taken if it considers
such work or measure is necessary to rectify the non-compliance.
- 25(12) The cost for executing such work or taking such measure as referred to in paragraph (11) shall be borne by the
owner of the building.
- 25(13) The certificate of completion and compliance or partial certificate of completion and compliance, as the case
may be, shall not be issued by the principal submitting person until all the failures or non-compliances in respect of the
building has been satisfactorily rectified.
Provided that no such certificate shall be issued unless all the 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, serving the partially completed portion of the building have been provided.
- 27(2) A partial certificate of completion and compliance once issued shall remain effective until the whole of the
building is completed and a certificate of completion and compliance is issued in pursuant of by-law 25,d) Substitution of
by-law 28: “Offences”
- 28(1) Where the principal submitting person fails to deposit a copy of the certificate of completion and compliance or
partial certificate of completion and compliance, as the case may be, and the Forms G1-G21 within the period stipulated
in paragraph 25(3) with the local authority and the Board of Architects Malaysia or Board of Engineers Malaysia, as the
case may be, he shall be guilty of an offence.
- 28(2) Where the principal submitting person or submitting person fails to comply with the notice issued by the local
authority in respect of the rectification of any failure to the building or non-compliance with these By-laws in accordance
with paragraph 25(4), he shall be guilty of an offencee) Other Amendments
- Amendments to by-laws 3, 4, 5, 6, 7, 10, 16, 17, 20, 29, 48, 77, 249, 258 etc are mainly consequential changes to
change the term submitting person to principal submitting person.f) Amendment of Second Schedule
- The Second Schedule of the principal By-laws is amended by deleting Forms C, D and E
- by substituting for Form F with the new Form F and F1 and Form G1-G21g) Types of Forms under CCC• Form A-
Certification of Buildings/Structural Plans (for endorsement on plans to be submitted for approval)• Form B- Notice
of Commencement/Resumption of Building Operations• Form G1–G21- Stage Certification for various
components of works• Form F- Certificate of Completion and Compliance• Form F1- Partial Certificate of
Completion and Compliance
- Section 7A(5)(d) Increase of fine from not exceeding RM10,000 to not exceeding RM50,000 and to increase the
suspension of registration for a period not exceeding 1 year to two years on Engineering consultancy practice for
disciplinary offence.
- Section 14A Establishment of a 3-person Disciplinary Committee to provide more effective disciplinary actions for
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dealing with CCC issues.
- Section 15(1) and (1A) Insertion of false or negligent certification as grounds for disciplinary action.
Increase of fine from not exceeding RM5,000 to not exceeding RM50,000 and to increase the suspension of registration
for a period not exceeding 1 year to two years on a registered Engineer for disciplinary offence.
- Section 24 Increase the fine from RM10,000 to RM50,000 or to imprisonment for a term not exceeding three years, or
to both, on any person, sole proprietorship, partnership or body corporate who contravenes the provision of the Act and
its regulations as stipulated.
- Section 25 Increase the fine from RM2,000 to RM10,000 or to imprisonment for a term not exceeding one year, or to
both, on any person, sole proprietorship, partnership or body corporate who contravenes the provision of the Act and its
regulations where there is no penalty expressly provided.
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