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The Malaysian Vol.

53
No.1
2018
m2 (x, y) x 3

PP19338/05/2018(034921) eISSN 2232-1292

10 Commercial Tenant’s Office Space Choice for Green


Office Building - A Conceptual Approach
Adibah Arif, Yasmin Mohd Adnan, Zahiriah Yahya

19 Dispute Resolution of Stratified Residential Properties:


Strata Management Tribunal of Malaysia
Hamzah, H. and Abdullah, S.A

39 Memorandum of Understanding between


RISM and Malaysian Institute of Arbitrators
EDITORIAL
G
reetings everyone! For this issue, we begin with our beloved RISM building wthat has undergone a
major facelift. It has been more than 15 years since the building was last renovated. The QS Division
was asked to take the lead with support of all the other three divisions and branches. The then
QS Division chair was Sr Wan Ainon Zuraiha Wan Abdul Khalid, and she was put in charge of the
works. Therefore, it is only fitting that Sr Wan Ainon shares with us the story behind the project. The
interesting part to learn is the marvellous efforts put by the team in handling 1976-era technology;
to bring it to current times to suit our 56-year history. Beside building works, the renovation involved a submission
procedure with the Petaling Jaya City Council and Fire and Rescue Department. Now we are proudly sitting and
meeting here, after the team has put so much effort to realise dreams into reality.

We also have peer-reviewed articles. The section starts with the rental choice in green-rated office building by the
commercial tenants. The authors from Universiti Malaya proposed a conceptual framework in evaluating the trend,
with locality is still among the central considerations. The neo-classical and behavioural views have been the main
theories behind office location decisions. Tenant demand for green office buildings also provides varied findings.
The size of the firms does form part of the factor as well. All these theories are well blended within the explanation
and at the end, the authors proposed their own theory in exploring tenant office choice.

We also have a residential issue this time. It’s regarding the Strata Management Tribunal (SMT) in Malaysia. Since
high-rise developments are becoming more complex, there is a need for a special tribunal to deal with all the
issues that arise. SMT is promoted to be a quicker, less costly and less adversarial method of resolving disputes as
compared to court action. The top three claims are recovery of charges or contribution to the sinking fund, failure
to perform duty and dispute concerning common property. This article shed some light on SMT to eliminate its
inefficiencies and increase effectiveness.

The Building Surveying practice talks about Maxwell Hill in this issue. The building conservation and historical
perspectives are put into context. In the case of the hill, building is not only the legacy that the British left in this
country, but the unique landscape that formed part of their colony. The author tries to uphold the uniqueness of
Maxwell Hill so it goes parallel with the other famous hill stations in Bukit Bendera, Bukit Fraser and Cameron
Highlands. Systematic literature review using PRISMA has been adopted to identify sources from various journals.
Site observation identified that many of the original bungalows are abandoned and deteriorated over time.

RISM networking continues at both international and local levels. On March 2018, RISM had signed the MoU
with the Malaysian Institute of Arbitrators (MIArb) at Hilton Hotel, Petaling Jaya. The signing ceremony was held
during the National Real Estate Convention (NREC) and attended by QS Division, President of MIArb and President
of RISM. On January 2018, CABE Presidential Visit took place at RISM HQ. The delegation is greeted by Deputy
President of RISM, Vice-President of RISM (BS Division) and the other BS Division members and RISM Secretariat.
There is great interest from both parties to collaborate, especially organising joint CPD talks and our renowned ISC.
We also had a blood donation campaign that involved 91 donors, and the RISM Inter-Firms Bowling Tournament
2018.

Under the Professional Practice section, Prof Sr Dr Ting Kiew Hwa talks about the
direct office investment done by the several Malaysian institutional investors. This
has been practiced since 2010 for investment in overseas property market such as
in the UK and Australia. This is a good and viable alternative investment option to
increase one’s asset portfolio. Last but not least, Book Review section covers the
book titled “Isu-isu Perundangan Berkaitan Kontrak Binaan” written by Sr Amran
Mohd. Majid. This book published by Dewan Bahasa dan Pustaka in 2017. It is
definitely a worthwhile read because of its simple language style and provides you
information that you need.

A.I. Che-Ani
Editorial
CONTENTS
President
YBhg. Dato’ Sr Lau Wai Seang, DSPN, DJN, BCN, FRISM,
Reg. Valuer, Reg. Estate Agent, CIPV

Hon. Secretary General


Sr Lim Choon Yong, MRISM, ICVS, MPEPS
Interview
EDITORIAL BOARD
Editor Pg05 The RISM Building Facelift Interview with Sr Wan
Sr Ina Binti Abu Bakar, FRISM, MMSAdj.
Ainon Zuraiha Wan Abdul Khalid
Members
Assoc. Prof. Sr Dr. Syahrul Nizam Kamaruzzaman, FRISM
Assoc. Prof. Sr Dr. Adi Irfan Che Ani, MRISM Peer Review Articles
Pg10 Commercial Tenant’s Office Space Choice for
Assoc. Prof. Sr Dr. Zulkiflee Abd. Latif, FRISM
Sr Dr. Saiful Aman Hj. Sulaiman, MRISM
Sr Dr. Yasmin Mohd Adnan, FRISM, MRICS Green Office Building - A Conceptual Approach
Sr Victor Huang Hua, FRISM, MRICS, MMIEA, MPEPS
Sr Mohamad Shazali Sulaiman, FRISM Pg19 Dispute Resolution of Stratified Residential
Datin Sr Dr. Norsiah Mohamad, MRISM, MRICS
Properties: Strata Management Tribunal of Malaysia

Pg31
Secretary to the Board
Zarinah bt. Danial Maxwell Hill: Exploring from Built Environment
and Historical Perspectives
INTERNATIONAL ADVISORY BOARD
Prof. Chitra Weddikkara
University of Moratuwa, Sri Lanka RISM News
Prof. Graeme Newell
University of Western Sydney, Australia
Pg39 Memorandum of Understanding (MoU) between
Sr Noushad Ali Naseem Ameer Ali, PPRISM
RISM and Malaysian Institute of Arbitrators (MIArb)
Massey University, Auckland, New Zealand
Professor Michael Riley Pg40 CABE Presidential Visit to RISM
Liverpool John Moores University, Liverpool, United Kingdom

Pg41 Blood Donation Campaign 2018


Pg42 RISM Inter-Firms Bowling Tournament
27th National Real Estate Convention

Royal Institution of Surveyors Malaysia


3rd Floor, Bangunan Juruukur
No. 64-66, Jalan 52/4
46200 Petaling Jaya
Selangor Darul Ehsan
10
t: +603 7954 8358 (hunting line) / 7956 9728 / 7955 1773
f: +603 7955 0253
e: editor@rism.org.my
w: www.rism.org.my

PUBLISHING CONSULTANT & CREATIVE DESIGN


Paul & Marigold (DeCalais Sdn Bhd)
No. 23A-6 Strata Office, KL Eco City
Lot 215, Pantai Baru, Jalan Bangsar
59200 Kuala Lumpur
T +603 2201 6499
E: arvind@paulandmarigold.com

PRINTER
Fong Wah Trading
No. 17, Jalan Tembaga SD 5/2G
52200 Kuala Lumpur
19

31 39

Professional Practice 40
Pg43 Direct Office Investment for Institutional
Investors

Book Review
Pg44 Isu-Isu Perundangan Berkaitan Kontrak Binaan
Elemental Cost Analysis
Pg45 Elemental Cost Analysis
Regulars
Pg52 List of New Members
42

‘Sr’ is the abbreviation for surveyors and was first mooted by RISM in 2005 and used
by all RISM members since 2006 as a badge of identity for surveying professionals.

The Malaysian Surveyor is a quarterly publication that covers the development of


the surveying profession, innovations in the surveying technology and surveyors’
contribution towards the property market and building industry.

The Institute as a body does not hold itself responsible for statements made or
opinions expressed in the articles and advertisements printed in this publication, or
for the strict accuracy of references to law cases, which are intended only as a gloss
on authorised reports. Rights of translation and reproduction reserved.
Vol.53 No.1 2018

The RISM Building Facelift


Interview with
Sr Wan Ainon Zuraiha
Wan Abdul Khalid

Background/History

The construction of Bangunan Juruukur commenced in early 1973 after the then
Petaling Jaya Town Board approved its submission plans in 1972.

The building is located next to the Bangunan Ingenieur owned by Institute of


Engineers Malaysia.

To finance the construction cost of RM566,200, the Institution had mortgaged some
lands to obtain an overdraft from Bank Bumiputra.

On 19 June 1976, the then Minister of Lands and Mines Datuk Dr Mohd Asri Hj Muda
laid the foundation stone of the building that is still visible today. The building was
officially opened by then Senator Rafidah Aziz on 14 October 1977.

Recently the 40-year-old building underwent some renovation works and the
foundation stone had to be relocated to accommodate security, a fire control panel
and a post.

The last renovation was carried out some 15 years ago and it was mainly at Level 3
where the secretariat office is located.

If you had been coming to the RISM building before the renovation, you could
appreciate that it was in need of repairs and upgrades.

The QS Division chair at that time was put in-charge of the project. This interview
was designed to give more in depth knowledge of the whole project and the process
that they had to go through. Who better to tell us all about it but the key person
herself, Sr Wan Ainon Zuraiha Wan Abdul Khalid.

5
INTERVIEW
The Malaysian Surveyor

Q&A
Q. How did you first get involved with the
renovation and upgrading works of the
Bangunan Juruukur Diraja Malaysia
where the RISM headquarters is
housed?
Prior to my involvement, the RISM secretariat called
for Design and Build quotations, mainly for the Board
Room on Level 2. However, the secretariat was faced
with an issue pertaining to the tabling of the quotation
report as all the tenderers had submitted different
designs and quoted for different items, hence it was
not an apple to apple comparison.

Each tenderer had submitted designs based on their


interpretation of what they would like to see done to
the building.

Therefore, as the QS Division Chair at that time, I was


asked to look into the quotations and what could be
done. It was more difficult to adopt designs from the
tender exercise.

Hence, during the subsequent discussion, the


Management Committee decided to appoint a
designer to study the overall requirement of the
building. As my office had an in-house designer, I had
proposed that A + I Design Sdn Bhd undertake the
task. It was agreed by the Management Committee.

The scope of work included preparing tender drawings


and documents, submitting plans to the Petaling Jaya
City Council and the Fire and Rescue Department for
approval, as well as provide site supervision during the
renovation.

I was the internal Project Manager on behalf of RISM


overseeing the upgrades.

Q. What is your/the Council’s vision for


the new building?
The Council led by President Dato Sr K. Sri Kandan had
outlined a few things that must be achieved with the
renovation. RISM with its 56-year history, Royal status
and almost 10,000 members should at least have a
proper board room, meeting rooms with the relevant
Figure 1: (Left) The lift lobby before the building was facilities, training centre and a decent library. Toilets on
renovated. (Right) A refreshing look after the facelift. all floors needed to be upgraded.

6
Vol.53 No.1 2018

There were also safety issues that involved the TNB


room at the Lower Ground Floor. Furthermore, with
the proposal to make Building Cost Information Centre
under the QS Division active again, Level 1 was to be
converted into a proper office to accommodate stored
information and documents, and house full-time staff
members.

The facelift process was divided into three.

Building safety
- Ensure the TNB room is safe. Previously, water was
ponding inside and there was even a dead rat in the
water.
- Remove the stench of rats.
- Ensure any openings at the basement ceiling and

-
walls are closed up to avoid pests finding their way
in.
Stop pigeons from nesting at the building ledges as
Q. What are your strategies and plans to
ensure the vision is achieved?
The RISM President had requested for a proper tender
they pose a cleanliness and health hazard.
procedure to be adopted and a Tender Board was
- Build a proper security area. formed to look after the project. Based on the outline
given by the Council, the designer prepared the brief
Building repairs and improvements from wear and
and translated the requirements into drawings.
tear
- Upgrade all toilets, including sanitary fittings, Once the brief was completed, the designer presented
plumbing and sewerage piping. Toilets are added the proposal to the Tender Board and Management
at Level 1 and 2, from one to two cubicles for each Committee to get approval before the preparation of
gender. detail drawings could proceed.
- Repair basement ceiling leaks that were coming
So, with the completed detail drawings and Tender
from the Ground Floor. The toilet floors were
Documents, comprising Bills of Quantities, the Tender
waterproofed again before being retiled.
Board called for tender on the works. The list of
- Upgrade Level 1 to tenantable spaces so it can be tenderers also included those who had previously
rented out. submitted their quotations.
- Repaint and repair broken doors and windows,
partitions, replace existing vinyl tiles and carpets. The successful tenderer M/S Fok Lee Sdn Bhd had
provided the lowest quotation of all the tenderers.
Overall building development, including provision of
new spaces and enhancement of aesthetic values
- Create a board room with a minimum of 25-table
seating capacity. Install projector and screen
Q. What are the main challenges in
completing the renovation works?
Luckily, there was no time constraint for the renovation
display.
work. However, we had a limited budget to meet all the
- Refurbish the President’s Lounge so it can be used requirements. After several discussions, the budget
for activities and to receive guests. of RM839,000 was approved at the EGM in 2016 as
- Display photos of all the RISM Presidents on the expenditure above RM50,000 must be greenlit by the
wall. They were previously in safekeeping. general membership.
- Increase storage space for secretariat’s office.
New work RM 634,000
- Ensure all outdoor air-con units are neatly arranged.
- Ensure cabling and wiring are arranged properly. Repair work (sinking fund) RM 98,200
- Upgrade all outdated RISM logos to new ones.
Equipment RM 106,800
- Upgrade all pantry areas. ------------------
- New surau is added at the basement. Total RM 839,000

7
INTERVIEW
The Malaysian Surveyor

The other challenge was to ensure all the requirements The Board of Building Management has always been
were met. Some of these requirements were only under the care of Property Surveyor Division until
mentioned after works had been done as different recently. So, the approach in maintaining the building
Councillors had different ideas. Some of the feedback is slightly different now.
that came later could not be implemented in time or
adhered to budget constraints. Since the facelift is completed, RISM should look
into renting out available spaces to improve the

Q. How did you overcome these Institution’s finance. The Board should ensure the
building is fully tenanted and facilities are utilised.
challenges?
Due to budget constraints, the designer had to prepare The tenants should be companies or organisations
three sets of Tender Drawings and Documents, and that are suited to RISM, and professionals to help
three Tender Reports over the course of eight months bolster our image. Professional organisations will
to fit the requirements. appreciate the building and help maintain it.

The Tender Board studied the requirements to ensure Currently, our first floor houses tenants such as
that RISM got value for money with this renovation. MIPFM (Malaysian Institute of Property & Facility
The Councillors also agreed that renovation works Managers) and BCIC (Building Cost Information Centre).
needed to be done well and stand up to regular use.
We now need to find tenants for the spaces at the
Therefore, we ensured that the tender amount ground floor to resolve the challenges we had with
submitted based on the agreed scope of work could food and beverage tenants.
be well executed.
During RISM’s renovation, I noticed that the Institute
The funding for the facelift was from three sources. of Engineers Malaysia had upgraded their building’s
During the AGM in 2015, members approved the usage façade, incorporating new logo wall and fresh paint.
of RM650,000, which covers the cost of new work. And recently, the hotel building next to RISM had also
To supplement the fund, RISM had also requested adopted our external colour scheme.
for members to contribute, similar to what had been
carried out in 2003 for an upgrade exercise. Now our row of buildings look fresh and I hope this will
improve our overall branding. To maintain the building,
RISM had collected about RM153,000 to date and that RISM will need to have a maintenance schedule,
allowed us to purchase new equipment such as screen detailing what should be done every one, three and five
and projectors, air-conditioning units, TV and furniture. years.
The names of the contributors will be displayed.
Also, it is good that RISM has a sinking fund that can
For repair works, approximately RM100,000 was used be used for any required repair works.
from the building’s sinking fund.
The major repairs such as plumbing and sewerage

Q. How has the facelift helped in creating had been dealt with during the renovation so the Board
now monitors the minor ones like leaks that occur
a more conducive environment for after a downpour.
RISM activities and elevate the
Institution’s corporate image? However, I believe those in the secretariat should also
provide feedback as they are the building’s regulars
We now have a proper board room while the other users.
meeting rooms are suitable to conduct examinations.

Q.
The basement is now conducive for RISM events Your final thoughts?
as the area is pest-free and the ceiling is no longer
crumbling. We are more than ready to receive Royal There are still works that need to be done at the
visits should the need arises. building. For example, we need more tables and chairs,
and audio-visual equipment for the seminar rooms so

Q. You have chaired the RISM Board of RISM can rent it out to its members.
Building Management since 2016. We are also looking into creating more storage space
How do you intend to maintain the and additional CCTV security. The Board of Building
upgraded premises? Management is open to suggestions on further
improvements.
8
Vol.53 No.1 2018

Contributors For The Renovation Of RISM Building 2016/2017 RM153,302.00

Name of contributors Contributed Name of contributors Contributed

Dato’ Sr Rosli Atan RM15,000.00 Sr Khaidzir Abdul Rasip RM1,000.00


Sr Khoo Sui Lai, Eric
Dato’ Sr K. Sri Kandan RM10,000.00 Sr Kwan Hock Hai
Sr Mohd Rafee Mohamed Dato’ Sr Lau Wai Seang
RISM Sarawak Branch Sr Lee Choon Bin
Sr Ng Say Piyu RM5,000.00 Sr Leong Heng Chee
RISM GLS Division Sr Lim Fang Hu
Sr Lim Meng Heok
Sr Dr. Khoo Boo Khean RM3,000.00 Sr Loh Kam Lak
Sr Teh Leong Meng Sr Loh Soong Chew, John
Sr P Tangga Peragasam RM2,500.00 Sr Mohamed Nordin Hj. Sabran
Sr Mohammad Azmi b. Mohd Zin
Sr S. Gopala Krishnan RM2,000.00 Sr Mohd Zakawan Hamid
Sr Gar Ti Wei Sr Mohd Faiz b. Hamid
Dato’ Sr Hoo Kim See Sr Ngu Liew Ing, Jonathan
PCM Kos Perunding Sdn Bhd Sr Nor Azah bt. Mohd Salleh
Perunding DMA Sdn Bhd Sr Oh Chin Choo
RISM BS Division Sr Ong Aun Kung
RISM QS Division Sr Ong Hock Tek
Sr Dr. Ong See Lian
Jurukur Bahan Antara RM1,500.00
Sr Ooi Hoo Ong, Richard
Sr Lim Choon Yong
Pakatan Ukur Bahan Sdn Bhd
Sr Mohd Yunus A. Rahman
Rahim & Co International Sdn Bhd
Sr Mohd Amin Mohd Din RM1,001.00 Sr Raja Sundra Lingam @ Sunny Kelvin
Sr Vastha Kumar Tharmalingam RISM East Coast Branch
RISM Johor Branch
Sr Ahmad Suhaimi b. Abdul Majid RM1,000.00
Datuk Sr Sahari b. Hj. Mahadi
Sr Ang Fuey Lin
Sr Tan Ka Leong
Sr Azita bt. Mohamed Tahir
Sr Tan Yew Toong
Datuk Sr Christopher Martin Boyd
Sr Dr. Teng Chee Hua
Sr Chan Jui Hin
Sr Teng Fook Seng
Sr Chin Keh Liang
Sr Teoh Boon Siong
Sr Choy Yue Kwong
Sr Teoh Leong Seng
Sr Chua Kok Peng
Prof. Sr Dr. Ting Kien Hwa
Sr Chua Siow Leng
Sr Toh Keng Loi
Datuk Sr Chua Soon Ping
Sr Ung Chin Teong
CIC-QS Services Sdn Bhd
Sr Wan Ainon Zuraiha bt W A Khalid
Sr Dainna bt Baharuddin
Sr Dr. Wan Maimun bt. Wan Abdullah
Econcos Consultants Sdn Bhd
Sr Wan Nordin b. Wan Salleh
Sr Elvin Fernandez
Sr Yap Tian Sing
Exastrata Solutions Sdn Bhd
Sr Yeo Soon Kee, Danny
Sr Fathilah bt Mustafa
Sr Foo Gee Jen Sr Chiang Team Chai RM500.00 AND BELOW
Dato’ Sr Hasan Jamil Sr Shariza bt Sabri
Sr Hashim Hj. Sibelik Dato’ Sr Chong Pah Aung
Sr Hafsah bt. Ghazali Sr Loo Seh Poh
Sr Huang Hua, Victor Sr Mohd Sabbri b. Md. Yudin
Sr Ishak b. Ismail Sr Ng Weng Yew
Sr Ismail Mat Deris Sr Hairuniza bt. Mahmud
Sr Jailani b. Jasmani Mr Chow Wen Yan, Adam
JQS International Sdn Bhd Sr Ngiam Swee Beng, Jerry

9
PEER
PEER REVIEW
REVIEW
Adibah Arif, Yasmin Mohd Adnan, Zahiriah Yahya

Centre for Sustainable Urban Planning & Real Estate,


Faculty of Built Environment, Universiti Malaya,
Kuala Lumpur, Malaysia

Commercial Tenant’s
Office Space Choice for
Green Office Building -
A Conceptual Approach
ABSTRACT:

The aim of this paper is to provide an overview of the literature that summarises
how the locational dimensions of office buildings and aspects within the sustainable
office features may affect the choice made by tenants in their office building selection
process which will then lead to the development of a conceptual framework for this

10
Commercial Tenant’s Office Space Choice for Green Office Building - A Conceptual Approach

Vol.53 No.1 2018

study. A review of both traditional location literature and sustainable literature is


made which then form the framework of this study. An observation of the emerging
development of green office buildings findings in Kuala Lumpur has triggered a
research agenda for the exploration of the factors being considered for green office
buildings choice in Kuala Lumpur. It has been suggested that selecting a building that
is perceived to be sustainable by the market may not be the ultimate driving factor
in the office space decision. This study seeks to gain a deeper understanding of the
consideration from the tenants’ perspective through a qualitative research approach,
specifically on the factors that are considered by commercial office tenants for green
office buildings occupation. The review of the literature has revealed that there are
varying aspects in relation to the locational decision theory in which the tenants
may occupy green office building. With respect to sustainability, the tenants may be
influenced to occupy green office building so as to satisfy organisational requirements
that include fulfilling the organisation’s corporate social responsibilities (CSR).
Key words: Office choice, office buildings, tenants, sustainability, Kuala Lumpur

K
1.0 Introduction currently 34 official GBI and other
ratings rated commercial purpose
in their countries. Apart from
ensuring efficient use of resources,
uala Lumpur has seen built office buildings (either built particularly energy and water use,
the development of as GBI rated or refurbished) green building also reduce the GHG
many office buildings within Kuala Lumpur. It has been emission (ETP, 2015). In Malaysia
in recent years. The generally acknowledged that most there is no such regulation that
current supply of space of the green rated buildings display provides a regulatory framework
from the available advanced features in terms of the for energy efficiency potential as
office buildings in Kuala Lumpur technology and features that are practiced in the UK (Chegut et.al.
amounts to 8.88 million sq m. designed for sustainability. In the 2012). However, it can be seen
(NAPIC, 2017). Being the commercial Kuala Lumpur city centre, there that in the last five years, Kuala
centre of Malaysia, it has most large are also buildings that have been Lumpur commercial property
corporate head offices. In 2009, designed to incorporate several market has experienced a trend
in response to the sustainability “sustainable” features that do not towards the development of green
movement, Malaysia has developed have an official GBI or other green office buildings. Eleven certified
the guidelines towards the rating. In this study, a building that commercial purpose built office GBI
development and rating of green either has GBI rating or is considered rated buildings were completed in
buildings which is known as Green sustainable by the stakeholders the Kuala Lumpur central business
Building Index (GBI). This rating whereby these buildings can take district (CBD) since 2015. As such,
index system is aimed system for many different forms (McIntosh & this study seeks to establish the
evaluating the environmental design Roberts, 2012). factors that affect the building
and performance of Malaysian selection by tenants within the Kuala
Malaysia is one of the countries Lumpur city centre and the role
buildings based on several criteria,
that have participated in the United of perceived sustainability among
namely, indoor environmental
Nation Environmental Programme them. However, this paper only
quality, sustainable site planning
since 2015.The sustainable provides an overview of the literature
and management, material and
goals have been introduced with pertaining to the factors in relation of
resources, water efficiency and
guidelines for the implementation office occupation.
innovation. Until 2017, there are
of the sustainable programme

11
PEER
PEER REVIEW
REVIEW
The Malaysian Surveyor

2.0 Literature Review and that consumers of space are


also homogeneous (Leishman and
in relation to cost whereby the
transport cost was the main factor
This review will provide a Watkins, 2004). for consideration with regards to
summarised review of the factors location choice (Christofakis, 2014).
However, when the behavioural Diversified operation could portray
within the scope of office location
theory began to develop, diversified operation in large and
decision literature and how
the perspective on the profit small organisations reflecting the
sustainability provides influence on
maximisation in neo-classical company structure. Company
office space choice. Generally, past
theory has been questioned. It structure; whether large or small
studies on office location decision
now takes into account of the organisations could portray various
have not focused on the role of
complicated needs to be dealt with diversified operations. Organisations
sustainability in their choice. On the
in the especially in a real world location decision making could relate
other hand, studies on sustainability
environment context (Brouwer et al., to various macroeconomic factors
have emphasised the past
2004; McCann, 1999). It has been as well as the building quality. They
experience of tenants in sustainable
acknowledged that the neo-classical may consider building quality as a
buildings. By synthesising these
economy was the most outstanding crucial attribute that influence the
two aspects, a more comprehensive
and dominant tradition of economic decision making (Dixon et.al, 2009).
overview could be made.
thought as cited in Hodgson (1992) Van de Watering (2011) also agreed
2.1 Locational decision and in Agboola (2015). Neo-classical that flexibility and accessibility of
making decision making is established the building are also important
as a deductive decision, which considerations by the occupiers.
Two different views covering the
do not comply with individual However, the location still remains
neo-classical and behavioural
perspective and do not focus on as an important influence to the
theories have been the main theories
price mechanism (Christofakis, occupiers (Zieba & Belniak, 2013).
behind office location decisions.
2014; Greenhalgh, 2008). This also Rental cost and flexibility have
Profit maximisation has been the
shows that humans can make a also been identified as the factors
traditional premise on why the firm
logical decision and satisfy with their that are considered in the tenants
chooses a location (Brouweretal,
choice in the market (Agboola, 2015). decision making (Greenhalgh, 2008).
2004). It is this notion within the neo-
However, as cited by Ball et al., Safian et.al. (2011) had also included
classical economy that the market
(1998), profit maximisation has been flexibility, transportation features,
comprises rational actors and
criticised because it is impossible market condition and the traffic flow
operates with perfect information.
for humans to maximise because as additional factors of consideration
It is assumed that the property
of the uncertainty of information in the decision making process. The
can be treated as homogeneous
and process (Greenhalgh, 2008). review within the location theory has
The behavioural approaches are shown that other factors besides
more likely to explain the bounds of cost and financial tend to influence
human behaviours which are much the building selection.
more complex than the traditional
economy theories (Agboola, 2015). 2.2 Tenant demand for green
Organisations A study by Levy and Peterson (2013)
office building

location decision has revealed that building flexibility,


The overview of tenant demand
for green office building has found
tenants’ accommodations and other
making could factors are likely to influence the
varied findings. Rijal et al. (2009)
has observed that all factors are
relate to various preference of tenants. In addition,
the study has also found that the
not equally important in terms of

macroeconomic CBD is a prominent location which


office occupation. In his study, the
importance of environmental factors
projects the good image of the
factors as well as company. What is clearly shown
may affect the decision in office
occupation. It is found that when
building quality. in their study is that staff retention
is one of the important factors as
green building aspects was given
a little attention during the building
staff turnover will involve a cost
selection, this will then lead to the
to the company. Another study in
dissatisfaction compared to the
Greece added onto the literature

12
Commercial Tenant’s Office Space Choice for Green Office Building - A Conceptual Approach

Vol.53 No.1 2018

conventional building (Leaman et al, Thus being sustainable also


2007). Another study has also found examines the location as an
that the demand for green office important factor. Recent studies Green office
tends to be higher and tenants are
willing to pay the rental premium
on location have shown that the
location relates towards good
building improves
in order to occupy a green office access to the public transport. With the occupant’s
building (Zieba & Belniak, 2013). less usage of individual transport,
Organisational preference can be this in turn will simultaneously health and
viewed as the reason that leads
to the satisfaction as expressed
reduce the carbon emission (Karhu
et al., 2012a). Karhu et.al. (2012)
performance by
by the senior management or also emphasised that the location using a low energy
the responsible specialist of the is so important in this context from
organisation. The preference may the perspective of environmental and consumption
affect the performance of the
organisation when it is implemented
issues. The change of work practice
will also fully benefit the energy
of materials
(Karhu et.al., 2012). Tenants also efficiency of the building (Ellison & to encourage
demand the environmentally Sayce, 2007; Komolafe et.al. 2016).
efficient buildings in order to reduce Other studies have also revealed a healthy
their occupancy costs and also the benefits of having green office
the environmental footprints. The buildings. Eicholtz (2010) has been eco-system.
environmental impacts depend on focusing on the economic benefits.
how the building is being operated. Apparently, lower operating cost was
Dixon et al., (2009) has determined generated in green office buildings
the key drivers for demand in green (Pivo & Fisher, 2010). However,
office to include the following factors according to other literature, there
i.e. organisation profile, demand from are arguments from the expectations
stakeholders, legislation, publicity of the operating costs of green
and marketing benefit, accreditation buildings (Zieba & Belniak, 2013). As The goodwill also exists through
schemes and also green lease. cited by Zebra and Belniak (2013), the group of stakeholders whereby
The organisations’ preference Barrientos et al., (2007) has proven they would be keen to maintain
depends on the senior management that the cost during the design the key asset of organisations.
decision to minimise the cost stage is undervalued and it is even Goodwill would also be based on
whilst maximising the advantage of relatively lower than those compared the performance of a company
occupying sustainable buildings. to conventional building. to date and the image that the
company created (Zieba & Belniak,
Many studies have revealed that Brown et al., (2010) explained the 2013). In United Kingdom, there
companies want to embrace to connection between green office are certain organisations that will
be green, but have found it to be building and office design in Canada. monitor the environmental, social
difficult (Andelin et al., 2015). Should Green buildings, in contrast to their and governance (ESG) factors
a tenant wants to consider green conventional counterparts, often rely for the corporate branding of the
building rather than conventional on natural conditioning to meet the organisation (Cajias, et.al. 2014)
office space for office occupation, comfort needs of end-users (Brown
then the comparison between these & Cole, 2009). Green office building The changes of corporate attitudes
two types of buildings would be improves the occupant’s health and and the benefits through the CSR
inevitable. Based on the study in performance by using a low energy have been reflected through the
Malaysia by Radi et al., (2015), the and consumption of material to choice of the building (Dixon et al.,
depreciation of green building will encourage a healthy eco-system 2009). CSR also bears the corporate
give an impact to the rental and the (Jailani et.al, 2015). The green office decision on the property market
market value of the building. Eicholtz buildings not only provide benefits (Eichholtz et.al. 2010). A study has
et al., (2010) and Falkenbach et al., in terms of economic but in social also found that the investment
(2010) emphasised the important of aspects as well. As the health company demand green office
tenant willingness to pay a premium and environmental was taken into building to attract longer term
on net rent, and it is an economic consideration, the goodwill, branding tenants (Myers et.al. 2007). Sayce et
benefit which allows an investor to and CSR also has been reflected in al. (2009) also discussed how many
invest more in green building. the study. companies are occupying green

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building due to their CSR policies. reasons related to social and sources and number of publications
Tenants in Hong Kong proved that environmental. (Myers et al., 2007). which were reviewed.
they are attracted towards the ‘green Another study has also revealed
minded’ landlord in order to pursue that the CSR awareness among After reviewing the available
their CSR policy. These perspectives developers and investors are literature, a synthesis of the areas
have provided the conclusion that prevalent in choosing to operate in covering both aspects of location
building tenants also consider office the commercial property market and sustainability was made. The
space in order to publicise their in Canada (Hebb et.al. 2010). analysis will be presented in the next
environmentally-friendly vision of However, a green certification section.
their company (Robinson et.al. 2016) is least important among the
Upon identifying the factors that
attributes (Karhu et al., 2012). The
The CSR has been observed affects office decision making,
existences of green certificates
to be influenced by the type of further exploration of the these
are not so valuable to the tenants
organisations. Miller and Buys factors shall be made through a
since they would incur costs in
(2008) have indicated that qualitative research approach which
obtaining them as well as the
smaller organisations are often aims to explore the factors affecting
increment of construction costs.
advancing towards sustainability tenants to occupy green office
On the other hand, another study
and demanding buildings that are building in Kuala Lumpur. In-depth
has identified the potential benefits
designed to reduce greenhouse interviews shall be conducted with
which are to be differentiated
gases as well adopting energy the tenants the selected locations
between those recognised due to the
efficiency. Small private companies through the use of semi-structured
implementation of these assessment
tend to focus on sustainability and questionnaires. The in-depth
tools and those encountered behind
it has become their core practice to interview will be able to understand
the overall “green revolution” (Poveda
align with their corporate interests the tenant’s perspective and their
& Young, 2015). Larson (2010) also
(Watering, 2011). A recent study view towards the choice in locating
emphasised that the tenants need
in Australia has found that the their business in certain location.
the certification in order reach the
characteristics of tenants and the In addition, document reviews of
sustainability goals.
types of organisations whether they tenants’ organisation’s will uncover
are in public and private sectors Thus, in the review of the literature the background and aim of the
displayed a considerable influence on the experience of tenants in organisation which eventually
on sustainability. They found that sustainable building, it is revealed uncover the influence the choice to
tenants from government sectors that there may be other factors that occupy green office building in Kuala
chose sustainable buildings for are being considered other than Lumpur.
green buildings itself. The factors
may include CSR, goodwill and 4.0 Literature
comfort. Synthesis and
Small firms tend 3.0 Sources for Discussion
to focus at the Literature Review While many of the sources have
highlighted several factors in
locate business In order to identify the other factors relations to office occupation, the
with regards to office occupation, factors that have been identified
on the fringe of an extensive search and critical in the various sources of the
the city where review of the literatures which
are related to locational and
literature with respect to the theory
of locational decision making and
they can enjoy sustainability aspects were made. sustainability are summarised in
The literature search and review Table 2.
great accessibility covered publications of journal
The theory of locational decision
without paying articles, conference proceedings, and
books. The reviewed publications making has highlighted the influence
rental premium. were made over 37 journal articles,
four conference proceedings and
for tenants in making a choice to
occupy green office building in
two books from 1981 to 2017. Table certain location. Small firms tend
1 provides the list of the publication to focus at the locate business on

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Commercial Tenant’s Office Space Choice for Green Office Building - A Conceptual Approach

Vol.53 No.1 2018

Table 1: List of sources for literature review and number of publications considered the fringe of the city where they can
enjoy great accessibility without
paying rental premium. Larger firms
Source Title Number of Publication
believe that the location reflects
the public identity and their identity
Journal of Real Estate Economic 1 in the market (Levy and Peterson,
2013). Company structure, which
Journal of Progress in Human Geography 1
may comprise large or small firms,
Journal of The Annals of Regional Science 1 may be diverse in their operations.
Additionally, the company operations
Building Research and Information 2 may involve capital that can be an
influence on their location decision
Environment and Planning 1
by microeconomic factors. There
Journal European Real Estate Research 2 are also other considerations with
regards to the firms’ characteristics.
Journal Property Research 3 Edwards (1983) identified that
the more authority granted to an
Property Management 5 individual the more likely they will
be to influence the decision process
Property Investment and Finance 6
and Greenhalgh (2008) concluded
Journal of Real Estate Research 1 that people at the heart of decision-
making processes had a large
RICS Research 1 influence on the final choice. The
study also found that in small firms
International Journal of Strategic Property 1 one individual would tend to drive
Management the decision-making process and
Bulletin of Geography, Socio-economic series 1 the decision was largely influenced
by their personal preference. In
Smart and Sustainable Built Environment 1 larger companies however, the
decision tended to be made by a
Research and Policy Direction for Developments 1
company board with a team of
and Finance
people involved in the final decision.
International Journal of Sustainable Built 1 The firms’ size, structure, culture
Environment and type do influence the decision
of firms in locating their business. In
Journal of Real Estate Research 1
addition, the firms are locating the
American Economic Review 1 business because of the interest of

Journal Corporate Real Estate 4

Ecolibrium 1

Regional Science Association International 1 Larger firms


Journal Retail, Leisure and Property 1 believe that
Real Estate Finance and Economics 1 location reflects
Pacific Rim Real Estate Economics 4 their public identity
Total 43 and their identity
in the market.

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Figure 1: Tenant’s Green Office Space Choice

Office space choice by tenant at green


office building in Kuala Lumpur

Locational Theory Sustainability

Neo-Classical Behavioural Green Office Space

Exploratory study on tenant’s green office space choice

the company in occupying space this study portrays the commercial that organisations also have their
that will benefit them. This decision tenant’s office space choice with goals and mission in ensuring that
is influenced by the profile of the regards to the locational aspects. office operations portray good
company. For this research, it would image. CSR is one of the company’s
be useful to uncover the varying view The sustainability perspective that missions that have been made
of tenants at green office buildings may influence the tenants to occupy by many companies to meet their
in locating their business in a green green office building reflect the organisations’ goals in the long run.
office building. The location of the organisational and market aspect The CSR is closely linked to image
business whether in the city centre such as trying to satisfy the staff, and branding of firms where CSR
or the suburban area are based fulfilling company’s CSR and other implementation will provide good
on the firm’s choice. This choice is factors related with the demand image to both client and investor. By
based on company considerations of green office market. These occupying a green office building,
in choosing the suitable space for insights summarise the various they can meet the needs of the
their business. It has been noted factors considered by tenants in company through the sustainability
that both location theories can be considering green office buildings. agenda as well as meet the
used in this study. For neo-classical It can be shown that the availability expectations of clients and investors.
theory, the maximisation of profit of green office building will affect
is a nature of the business, but the the office building choice since the The main aim of this paper is not to
weakness of the approach is the unavailability of these buildings make distinct comparisons of that lie
none involvement of human. Thus, in the market will drive tenants to within the two main areas of location
the behaviour locational theory will choose non-green buildings. With the and sustainability, but to identify
complement through the human presence of green office buildings, the sustainability influence on office
satisfactory and human solutions tenants can then more selective occupation space choice. Through
aspects (Greenhalgh, 2008). Human in choosing the office space that the identification, the factors shall
perception, assumption and decision suits them. Additionally, green be used to provide the framework
will be part of the decision-making office buildings will help to reduce in identifying the influence of office
process of a firm. While deciding, the operating costs due to building occupation choice for tenants that
drivers that influence the decision of energy efficiency characteristics. are occupying green office buildings
the firm would include size, nature, Furthermore, green office buildings in Kuala Lumpur. This identification
structure and culture which form the will provide healthy and comfortable is especially useful so as then for
important factors in decision making office environment to tenants the need to know the ‘value added’
(Greenhalgh, 2008). These drivers which relate to the design that has that assist tenants for their business
will influence the other factors that been adapted. This in turn tends perspective. It can be summarised
are considered while deciding in to reduce the absenteeism among that there are several studies which
locating a business. For example, workers which is due to medical relates to both the office location
corporate social responsibility may associated problems. The effect and green building literature. The
be influenced by the structure of will be the reduction of the cost factors that identified include the
a company which has their own and financial expenses to be borne complicated nature of location
policy in running a business. With by the organisations in term of decision making, company culture
the application of both perspectives, medical needs. It can be observed and structure, building flexibility and

16
Commercial Tenant’s Office Space Choice for Green Office Building - A Conceptual Approach

Vol.53 No.1 2018

availability, staff preferences and


changing work practices. The green
Acknowledgement Cajias, M., Fuerst, F., McAllister, P.,
& Nanda, A. (2014). Do responsible
building literature provides emphasis The authors gratefully acknowledge real estate companies outperform
to the marketing of an organisation, the financial support of the their peers? International Journal of
staff, CSR policy, the size of the Fundamental Research Grant Strategic Property Management, 18(1),
organization and the tenant-landlord Scheme, FP018-2015A, under the pp 11-27
relationship. A synthesis of the Ministry of Higher Education.
literature that has examined the Chegut, Christofakis, M. (2014).
Transport cost in location practice
factors within the locational theory
and sustainability perspectives that
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Hamzah, H. and Abdullah, S.A

Centre of Sustainable Urban Planning and Real Estate Research,


University of Malaya, Kuala Lumpur, Malaysia

Dispute Resolution of Stratified


Residential Properties:
Strata Management
Tribunal of Malaysia
Abstract

Strata properties characterise the real estate development in most major cities due
to the scarcity of urban land, high urban land prices and persistent demand from the
city population. The current Malaysian housing market observes a tendency for local
developers to build more strata residences to fulfil the demand of house buyers in
urban areas. For stratified residential properties, the nature of high-rise living is fertile
ground for inter and intra-group disputes, which can impede on the management
of these properties. As lifestyle variables change alongside broader socio-economic
developments, Malaysian developers offer lifestyle housing that have more design

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elements, building features and lifestyle facilities that may consequently increase
the volume and complexity of strata disputes in the future. In 2013, the Malaysian
government has established the Strata Management Tribunal (SMT) in response to
increased disputes. Among previous efforts in enhancing the management of strata
residence, the SMT is seen as one of the most potent institutional instruments in
resolving disputes outside the formal judiciary system. The SMT is promoted to be
a quicker, less costly and less adversarial method of resolving disputes compared
to court action. Nonetheless, the SMT has not been subject to a close review by
researchers despite the possibility of inherent issues that may affect its effectiveness
in the long run. Focusing on residential strata, this paper reveals the issues that
may impede the SMT and highlight how the SMT operations may be affected.
Whilst the SMT was perceived as a useful and potentially potent dispute resolution
mechanism, its operation may be hindered by the nature of the negotiation process,
lack of manpower and resources, the method of notice service and overlapping legal
framework. The paper ends with some recommendations on how to overcome these
problems.

Keywords: strata law, alternative dispute resolution, strata tribunal, Malaysia

S
1. Introduction semi-detached and detached houses
have escalated beyond the reach
As living in strata residence becomes
more common among city folks,
trata properties of the average Malaysian in city various lifestyle adjustments have to
characterise the real areas in recent years. In Malaysia, be made to adapt to vertical living.
estate development strata residence range from the Strata residents must deal with more
in most major cities low-end (low-cost flats, flats and neighbours (horizontal and vertical
due to the scarcity of apartments) to high-end (serviced units) compared to landed residents
urban land, high urban apartments, condominiums and (horizontal units only) and deal
land prices and persistent demand luxury apartments). Recently, some with high-density neighbourhoods.
from the city population. Notably, gated communities comprising Additionally, strata residence gives
the high demand for housing townhouses and terraced houses rise to the need for a more intense
from city dwellers has spurred the have been developed under strata property management, which is less
growth of vertical living. This trend schemes for mid- and high-level conspicuous in landed residence.
has also permeated the Malaysian purchasers. Thus, strata residence Professional property management
housing market, whereby strata in Malaysia accommodates low to and maintenance is necessary
residence forms nearly 30% of the high cost and landed to high-rise as the scope has now widened to
total housing stock of 5,398,133 schemes and like in most countries include not only the individual units
units and almost 50% of incoming is seen as a “key response to urban but also common properties shared
supply of 480,060 units (VPSD, planning challenges in major cities” among strata owners. Strata living
2017). Strata residence is considered (Leshinsky & Mouat, 2012). This therefore comprises myriads of
more affordable compared to landed paper focuses on high-rise strata stakeholders namely the developer,
properties as prices of terraced, residence as this is the dominant owner, management body, managing
type of strata residence in Malaysia. agent, renter and contractors.

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Dispute Resolution of Stratified Residential Properties: The Strata Management Tribunal of Malaysia

Vol.53 No.1 2018

This presents a fertile ground for phenomenon under investigation


inter and intra-group conflicts and and generating theory from data.
disputes, which can impede on the Qualitative data was obtained from The SMT is
management of these properties. key informant interviews with first-
As lifestyle variables change hand knowledge and experience promoted to
alongside broader socio-economic
developments, Malaysian developers
with strata management and the
SMT comprising an SMT senior
be a quicker,
offer lifestyle housing that have more officer who oversaw hearings, less costly and
design elements, building features a senior property manager who
and lifestyle facilities that may was involved in the drafting of the less adversarial
consequently increase the volume
and complexity of strata disputes in
Strata Management Act 2013 and
a researcher who had previously
method of
the future. undertaken a study on strata dispute resolving disputes
resolution. Secondary data from
The legal framework for strata claim files at the SMT was used to compared to court
residence in Malaysia was
formalised with the Strata Titles
support the argument of this paper.
action.
Act 1985. Since then, number of The paper is divided into four
amendments to the original strata parts. The first part focuses on the
act and additional statutes has sociology of disputes, the occurrence
increased, reflecting the need and of disputes in strata living and how
response for greater control and they are resolved with focus on
solution for strata living. In 2013, the the alternative dispute resolution
Malaysian government established (ADR) method. The second part
the SMT as a mechanism to resolve provides the context of strata living cited in Keator, 2011). Disputes
the increasing amount of strata in Malaysia and the evolution of emerged from experiences that
disputes. As an alternative dispute the strata regulatory framework transformed into grievances, and
resolution mechanism, the SMT is in Malaysia, with emphasis on the has been described as “social
seen to be a quicker, less costly and framework of residential strata constructs” (Felstiner et al., 1980-
less adversarial method of resolving dispute resolution. The third part 1981, p. 631) due to the high degree
disputes compared to court action. outlines the problems with the SMT of perception and interpretation
As a highly procedural entity, the that may impede its effectiveness in inside a person’s head. Writing
operation side of SMT needs to be resolving residential strata disputes. from the sociology perspective,
seamless to ensure that dispute The last part makes some tentative Felstiner et al. posits that only until
cases are fairly heard. Nonetheless, recommendations for deliberation an unPerceived Injurious Experience
the recentness of the SMT has and action for lawmakers and SMT (unPIE) transforms into a Perceived
resulted in the lack of research and administrators in improving the SMT Injurious Experience (PIE) will
critique on the inherent issues that framework. disputes arise and remedial actions
may affect its effectiveness in the are sought. Later, Burton (1997)
long run. 2. A Primer On proposed that disputes that are left
to fester will turn into conflict. In a
Aiming to fill the gap in current Disputes and Dispute more modern setting, conflicts and
knowledge about SMT’s operations, Resolution disputes are seen to arise when
this paper reveals the issues that people, organisations, communities
may impede the SMT and highlight Conflict and Disputes in and countries strive to achieve goals
how these issues may affect SMT Strata Living that are incompatible (Moore, 2014).
operations. A qualitative approach In principle, a dispute is a short- Moore’s 1996 seminal work “The
has been adopted to achieve the term disagreement that can result Mediation Process” presented five
study aim with grounded theory in the disputants reaching some types of conflicts — data, interest,
being the main research strategy. sort of resolution because issues structural, value and relationship
This paper adopts the basic under dispute are negotiable but — all of which have the potential to
principles of the grounded theory by conflict is long-term with deeply occur in strata living which involves
Strauss and Glaser (1967), among rooted issues that are seen as a more complex social system than
others, being grounded by the “non-negotiable” (Burton, 1990 as traditional living style.

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Figure 1: Moore’s Sphere of Conflict

Data Conflicts Interest Conflicts


- Lack of information - Perceived or actual
- Misinformation. competitive interests.
- Different views of what - Substantive (content) interests.
is relevant. - Procedural interests.
- Different interpretations - Psychological interests.
of data.
- Different assessment
procedures.
Structural Conflicts
Moore’s
- Destructive patterns of
Relationship Conflicts Sphere of behaviour or interaction.
- Strong emotions.
Conflict - Unequal control, ownership
- Misconceptions or or distribution of resources.
stereotypes. - Unequal power and
- Poor communication authority.
or miscommunication. - Geographic, physical or
- Repetitive negative environmental factors
behaviour. Value Conflicts that hinder cooperation.
- Different criteria for - Time constraints.
evaluating ideas or
behaviour.
- Exclusive intrinsically
valuable goals.
- Different ways of life,
ideology and religion.

Source: Moore (2014)

The fundamental characteristic an independent third party to help management agent to negotiate
of disputes being an outcome of disputants to reach agreements. the many dynamics of communal
a process has led traditional legal living. Communal living depends on
researchers to believe that dispute At its most basic, a building can be good relationship with neighbours
incidents can be avoided or at least subdivided into lots or parcels that and an effective management team
moderated (Felstiner et al., 1980- are individually owned while the to ensure a convivial and conducive
1981). In terms of Felstiner et al.’s right to use of and responsibility for living environment (Kamarudin,
transformation theory, the unPIE common areas such as corridors, 2014). Robust governance strategies
must have been significant enough lifts, the roof, swimming pool, are essential in allocating and
to transform into PIE which leads the etc. are shared between owners. managing the “communal space”
injured party to litigate for remedial Living in a strata scheme entails (Leshinsky & Mouat, 2012), which
actions. Disputes that have been having more neighbours due to is highly dependent on an effective
allowed to escalate and become the dense population within a management body and good
unmanageable can inflict damage relatively small area and sharing relationship between and among
on the parties involved (Burton, common areas, both uncommon different stakeholders.
1990; Moore, 2014). As argued in conventional landed dwellings.
by Moore, mediation can assist in Strata living is seen as “communal Human behaviour and various
reconciling the individual objectives living” (Leshinsky & Mouat, physical, environmental and
with common needs and interests 2012), necessitating the owner/ economic factors have the tendency
in a positive way. This entails having occupant, owners’ corporation1 and to interact and result in dissents

1 Also known as bodies corporate and management corporation.

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Vol.53 No.1 2018

among strata stakeholders. Living fail to be resolved internally by the and should be applied as early as
at such close proximity within a management agent or owner’s possible for any dispute.
relatively small, densely populated corporation that often lack the
area can give rise to dissents, necessary skills to mediate disputes The strata legislation of many
stresses and nuisance related to (Leshinsky & Mouat, 2012). Legal countries including Malaysia,
human behaviour. The PhD research disputes can be resolved in court, Indonesia, South Africa and
by Kamarudin (2014) summarised but this method is time consuming Singapore has been greatly
the main causes of dispute in strata and cost ineffective. Importantly influenced by the Australian strata
schemes as reported in literature into for residential strata disputes, the regulatory regime (Leshinsky
six categories; the nature of strata adversarial manner of the court & Mouat, 2012). In the case of
living, diversity of stakeholders, system when deciding disputes is Victoria, Australia, a three-tier
restrictive by-laws, insufficient not favourable when the parties have dispute resolution scheme has been
knowledge in strata living, bad to co-exist again in the same strata implemented since 2007. The first
attitude and behaviour of occupants scheme after the case is eventually stage of the scheme involves an
and lack of quality leadership decided (M. Mohamad et al., 2015). internal mediation at the owners’
in strata schemes. On the other The importance of a conciliatory corporation level, the second stage
hand, Leshinsky and Mouat (2012) solution to social and technical
cited five common types of strata disputes within a residential strata
disputes; owners’ dissatisfaction scheme cannot be understated
with managers, arguments with to facilitate the process of place-
the manager that may result from making and community building The main causes
the initial contract entered into among the owners.
by the developer, incompetent or of dispute in strata
Alternative dispute resolution (ADR)
recalcitrant members of the owners’
corporation that hindered decision- uses basic mediation principles schemes are; the
making, owners’ corporation taking in providing a facilitative and
negotiation-based strata disputes
nature of strata
action against individual occupiers
for breach of rules and disagreement resolution method (Leshinsky & living, diversity
over owners’ corporation fee levels. Mouat, 2012; N. A. Mohamad, 2015).
In the context of Malaysia, the Compared to court adjudication, of stakeholders,
complaints have been said to mainly
concern the management body2 and
ADR offers a simpler procedure,
lower costs and faster settlement
restrictive by-
the owners3 (N. A. Mohamad, 2015). (N. A. Mohamad, 2015). Its non- laws, insufficient
adversarial nature often excludes
Dispute prevention and containment lawyers, thus advantageous towards knowledge in
measures, community engagement preserving the relationship between
and public participation may reduce the parties, and where this is not strata living, bad
but not completely eliminate
disputes in strata schemes due
possible, ending the relationship
fairly. Additionally, the disputants
attitude and
to the shared communal facilities work together to reach a mutually behaviour of
and spaces (Leshinsky & Mouat, agreeable solution rather than
2012). Thus, strata legislation in having the outcome imposed by occupants and
most countries normally has dispute
resolution mechanisms in place as
a third party, which can increase
the disputants’ commitment to the
lack of quality
part of strata management strategy. agreed solution (Leshinsky & Mouat, leadership in
2012). At a social level, Leshinsky
Dispute Resolution for Strata and Mouat (2012) submitted that strata schemes.
Schemes ADR for strata conflict resolution
The nature of strata living often is a necessary component for
produces disputes that oftentimes social learning and urban vitality

2 Common complaints include mismanagement of fund, lack of understanding of the law, cronyism, political inclination.
3 Common complaints are about noisiness, parking, cleanliness, inter-floor leakage, pets and misuse of the common area.

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involves mediation by a Consumer 1989; Yahaya, 1989). An example population growth, rural-urban
Affairs employee and the third of such policies is the Bumiputera migration and increased household
stage will see the dispute being (native) housing quota under the income are some of the factors that
determined by the Victorian Civil and New Economic Policy (NEP) (1970- have spurred the housing market in
Administrative Tribunal (VCAT). In 1990) that ensured up to 30% are the west coast.
the Malaysian context, ADR in strata sold to the Malay and other native
disputes has been in place since ethnic groups. The government The concept of strata residence
1985 but with little success until the allows foreigners to purchase was introduced in the mid to late
SMT was established in 2013 (N. A. houses, even to the extent of 1970s to accommodate the spike
Mohamad & Sufian, 2015). promoting foreign home ownership in housing demand as Malaysia
under the Malaysia My Second moved from an agricultural-based
3. The Context: Strata Home scheme. At present, foreigners to manufacturing-based economy.
are allowed to purchase properties As development land in the city
Dispute Resolution in priced at above RM1 million became more scarce and expensive,
Malaysia (approximately USD260,000). developers began to build upwards.
To cater for different buyer profile, a
Malaysia is a federation of 14 The Department of Survey of range of strata residence has been
states that was formed in 1963. It Malaysia estimated that the provided in terms of price and type.
is a multicultural country with three population of the country currently As shown in Table 1, strata residence
major ethnic groups comprising stands at 32.3 million in the fourth forms almost 30% of the existing
Malay, Chinese and Indian. The quarter of 2017 (DOSM, 2017). It residential stock in Malaysia (VPSD,
diversity in culture can be seen in the was estimated that 76.1% of the 2017). Notably, the proportion of
different languages being spoken population would currently reside strata residence to landed residence
and religions being practised by in urban areas (DOSM, 2010), increases for incoming and planned
each ethic group. Geographically, mainly due to better employment, supply at approximately 50%
the country can be divided into West education and social opportunities. and 42% respectively. This trend
Malaysia, also known as Peninsular The previous three-year period also has implications on the property
Malaysia, and East Malaysia. Since saw some economic growth, with management and legal framework of
the country’s independence, the the GDP growth rate at 5.0 in 2015, strata schemes.
Malaysian government has been 4.2 in 2016 and 5.9 in 2017 (DOSM,
promoting housing policies based 2018). Historically and to this day, In Malaysia, a strata property
on social engineering to ensure the the west coast of the Peninsular owner’s legal position is three ways;
three main ethnic groups co-exist Malaysia has been the centre of firstly, as the individual owner of his
peacefully in urban areas (Agus, economic development. Natural parcel; secondly, as a co-owner of
the common property (including the
land that accommodates the strata
scheme) and thirdly, as a member

In Malaysia, a strata property owner’s of the owners’ corporation known


as Management Corporation (MC)
legal position is three ways; firstly, as the (M. Mohamad et al., 2015). In the
context of strata dispute resolution,
individual owner of his parcel; secondly, the legal framework can be divided
into two periods, Pre-tribunal and
as a co-owner of the common property post-tribunal periods.
(including the land that accommodates Pre-Tribunal Period
the strata scheme) and thirdly, as a (1970s-2015)
Initially, strata management was
member of the owners’ corporation incorporated in the National Land
known as Management Corporation. Code 1965 (Act 56), the country’s
main land statute under ‘subsidiary
titles’ (Shukri & Maidin, 2010). Act
56 specified that all subdivided
buildings should form a MC to
undertake the maintenance and

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Vol.53 No.1 2018

Table 1: Summary of supply of residential units by type in Malaysia

Type Strata Landed Total

No. of units No. of units % No. of units % No. of units %

Existing stock 1,584,602 29.35 3,813,531 70.65 5,398,133 100

Incoming supply 202,608 49.65 277,452 50.35 480,060 100

Planned supply 179,096 41.87 248,596 58.13 427,692 100

Source: VSPD (2017)

management of common properties and management was statutorily house rules, building maintenance
(Teo, 2012). However, Act 56 was mandated on the developer. fund and sinking fund, and
proven to be inadequate in the Developers’ incompetence and managing agents (Buang, 2017).
major areas of strata management indifference had led to problems of The Commissioner of Building (COB)
and its lack of recourse for dispute huge outstanding service charges was institutionalised to administer
resolution. In 1985, the Strata Titles owed by the purchasers, non- Act 663. However, Act 663 was
Act 1985 (Act 318) was introduced audited statements of account unclear on the COB’s scope of duty
to address the problems that Act 56 and missing documents such as which resulted in overburdening the
did not adequately resolve. At first, building plans, certified strata plans, COB and omitting to confer COB the
strata disputes were referred to the documents of title of the lot and power to resolve disputes that arise
state land authority but this was insurance certificates. Additionally, from the operations of Act 318 and
proven ineffective as the state body Act 318 failed to keep abreast with Act 663 (N. A. Mohamad & Sufian,
only possessed advisory power over advancement in strata development. 2015).
strata disputes. In 2001, Act 318 was When mixed strata development
amended to transfer the power to became more common in the Post-Tribunal Period
settle strata disputes to a new body 2000s, Act 318 did not provide for (2015-to Date)
namely the Strata Title Board (STB) the separation of users for common As a response to the issues that
that was authorised to determine property, which was important Act 663 failed to resolve, the Strata
disputes and provided an alternative for a fair determination of service Management Act 2013 (Act 757)
to going to court (M. Mohamad et charges for each type of user. Thus, was introduced in 2013 and came
al., 2015). Nonetheless, the STB was the Building and Common Property into operation on 1 June 2015.
never established in any state in (Maintenance and Management) Upon the enactment of Act 757,
Malaysia despite the provision for its Act 2007 (Act 663) was introduced the whole of Act 663 and some
formation and potential for dispute specifically to deal with the provisions in Act 318 were repealed.
resolution (N. A. Mohamad, 2015). management and maintenance of Act 757 brought a long-awaited
strata properties. body to complement to the strata
Indeed, strata properties developed management system namely the
too fast in volume, design and It was the intention of lawmakers for SMT that is placed under the purview
components which caused Act Act 663 to be read together with Act of the Ministry of Urban Wellbeing,
318 to be amended five times, with 318 as each act deals with different Housing and Local Government.
the most recent amendment in subject matters; Act 663 provides for SMT replaced the Strata Board and
2013 to address maintenance and the management and maintenance is empowered to handle all disputes
management issues (M. Mohamad of strata properties whilst Act 318 pertaining to strata properties. The
et al., 2015). Act 318 was not outlines the title procedures. Act current strata dispute resolution
able to tackle maintenance and 663 established more new bodies to system is depicted in Figure 2,
management issues that would strengthen the strata management showing how a dispute may first
lead to disputes between parties. framework including the Joint be referred to the SMT, which is a
A problematic area was during the Management Body (JMB), Joint channel that is outside the court
pre-MC period when maintenance Management Committee (JMC), system. The SMT does not preclude

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Figure 2: Strata dispute resolution system in Malaysia exceeding two years or both (“Strata
Management Act,” 2013). The finality
Strata disputes of the SMT’s decision also means
that the only appeal to the High
Court is only on a point of law (N. A.
Mohamad, 2015).
Strata Management
High Court We undertook a review of claim
Tribunal (SMT)
files at the SMT located at the
administrative capital of Putrajaya
to understand more about the types
Resolved Unresolved of claims being heard. Altogether
114 files were reviewed over the
Source: Author’s own analysis
period of eight hours, involving
118 claims. Special permission
was sought and obtained for the
exercise. Frequency analysis of the
disputes from being directly heard by duty, cost disputes for residential claimant, respondent and type of
the High Court. As an ADR scheme, strata, recovery of debt concerning claim provided a clear picture of the
the SMT provides a two-tier dispute charges and sinking fund and related SMT’s case profile. We found that the
resolution mechanism which was payable interest, the procedure and majority of claims were lodged by
an improvement from the previous resolution of a general meeting, management bodies (f=91, 79.8%),
system. insurance related matters, the followed by the owner (f=11, 9.6%)
supply of information or documents and the developer (f=10, 8.8%).
The SMT was established to pertaining to the strata management, In comparison, it was discovered
adjudicate disputes in strata order concerning consent to that the majority of claims were
schemes in Peninsular Malaysia alterations to common property or lodged against the owner (f=105,
only. The primary function of the limited common property and order 91.2%), followed by the developer
SMT is to provide alternative forums concerning COB’s decision (“Strata and management bodies (f=5, 4.4%
to resolve disputes on issues of Management Act,” 2013). respectively). Whilst the majority
strata management in an expedient of claimants were discovered to
manner4 and minimal costs (Tan, SMT’s proceeding begins with the be management bodies and the
2015). The parties entitled to submit filing of a claim by the injured party majority of respondents were
a claim are developer, purchaser, (Figure 3). The respondent has a owners, the main type of claim being
original proprietor, JMB, MC, Sub- choice of either admitting liability, heard was the recovery of charges
MC, management agent, any person upon which an order of admittance or contribution to the sinking fund
with registered interest (Tan, 2015). will be issued, or not admitting to (f=96, 81.4%). This result somewhat
Members of the SMT include a the claim, with or without a counter concurs with the profile of claimant
chairman, a deputy chairman and claim. The claim then proceeds and respondent.
not less than 20 other members, to be evaluated by the SMT
all of whom shall be members of Secretary if it was appropriate for Here the nature of disputes in our
the judicial and legal services of negotiation. A claim that is resolved sample is worth a discussion.
no less than seven years standing. under negotiation will be issued Clearly, the main disputes taken to
However, there is no requirement for with a settlement order, whilst an the SMT concern the management
the members to have negotiation unsuccessful negotiation will result bodies’ attempt at recovering
qualification. The SMT hears and in the claim to go to the hearing. A monies owed to the management
determines any claim not exceeding notice calling for hearing will precede and sinking funds by recalcitrant
RM250,000 allowed under Part 1 the proceeding, where eventually the owners. Without funding, it is
of the Fourth Schedule, Act 757 award will be made. The gravitas of impossible for the management
(“Strata Management Act,” 2013). the SMT’s decision means that any bodies to effectively carry out
Fourteen types of claim are allowed contravention to the order may result their functions in ensuring a safe
including disputes over non or in a fine not exceeding RM10,000 and well-kept strata scheme. This
under performance of statutory or imprisonment for a term not affects many aspects of strata living

4 The SMT endeavours to resolve claims within 60 days from the date of hearing.

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Vol.53 No.1 2018

Figure 3: SMT’s claim and hearing procedure

Respondent admits to the An order in Form 8 that


claim in Form 2 respondent admits

Claimant
files Form 1 Defence to Counter claim
Counter Claim in Form 2
with SMT in Form 3

SMT Secretary classifies


No Counter Claim in Form 2
for negotiation or hearing

HEARING
SMT WILL
MAKE Not resolved NEGOTIATION
AWARD IN
FORM 11
Resolved (Settlement Order)

Source: Tan (2015)

Table 2: File review at SMT, Putrajaya

Item f %

Frequency of claimants Management bodies (MC, JMB, SMC) 91 79.8


Owner 11 9.6
Developer 10 8.8
Others 2 1.8
Frequency of respondents Owner 104 91.2
Developer 5 4..4
Management bodies (MC, JMB, SMC) 5 4.4
Type of claim Recovery of charges, or contribution to the sinking fund 96 81.4
Failure to perform duty 7 6.0
Dispute concerning the common property 5 4.3

Alterations to the common property 3 2.6


Nullify a resolution passed at a general meeting 2 1.7
Convening a general meeting 2 1.7
Voting rights 1 0.8
Revoking amendment of by laws 1 0.8
Supply of information or documents 1 0.8

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including security, well-being, peace The timing of the formal negotiation The limited manpower and financial
and neighbourliness. Although the process is deemed unsuitable as resources also prevented each
SMT provides the management the claim has already been lodged state from having a SMT. With only
bodies a non-adversarial avenue at at that point which may lead the four SMTs to serve the country,
recovering the payment arrears, the respondent to feel inconvenienced case backlogs may become more
whole strata scheme could suffer and defensive. If the negotiation common in the future as the
from inadequate maintenance and process is made available internally, number of strata development and
management. There is no guarantee conciliation may be reached before accordingly, disputes, grow in the
that the non-paying owners will formal claim is lodged. This may future.
mend their ways in the future, and avoid the unpleasantness of having
the whole unpleasant cycle could be to attend and respond at a formal Service of Notice
triggered again. proceeding. Early conciliation can Another issue with the SMT
also spare the losing party from procedure is the service of notice
4. Issues with the any embarrassment and ill-feeling calling for the imminent proceeding.
towards the winning party, who may
Strata Management well be the next door neighbour to be
There are three ways how the
proceeding notice is served to the
Tribunal tolerated while living at the scheme. other party; personally, by registered
post to the last known address and
Weak Negotiation Process Lack of Manpower and by attaching it at a prominent part of
SMT is a dispute resolution
Resources
the last known address of business,
mechanism that assists disputants Being a multicultural country, an registered office, parcel or residence.
in coming to a congruent outcome. important criterion of the arbitrator The SMT endeavours to settle
As a facilitative dispute resolution is the ability to understand the disputes speedily, which means that
method, negotiation is an important arguments of both parties. Problem the procedure of the proceeding
element in mediation that should be arises when the arbitrator fail runs like clockwork and has to be
present not only at an early stage of to conduct the proceeding in inflexible to avoid delays. There is
ADR but also during the proceeding. the language understood by the a provision that allows for award
Disputants should be allowed and disputants. Some disputants do not to be made despite the absence of
properly aided to negotiate before speak Malay, which is the national any party during the proceeding.
the SMT comes to a decision language and the official language of This means that once the notice
because perspectives may change SMT proceedings, or English, which is deemed served, the proceeding
as new facts may come into light is the country’s second language. In will take place regardless of the
at a later stage of the proceeding. both cases, the SMT must provide respondent’s attendance.
For opposing parties of the strata a translator for the proceeding. This
dispute to voluntarily conciliate, becomes a problem as the SMT The notice system therefore is
a qualified mediator should be is currently understaffed and lack vulnerable to abuse. Firstly, the
appointed to conduct the process qualified arbitrators who are bilingual, claimant may wrongly enter the
of negotiation. let alone speak a third language. respondent’s details in the claim
form, either intentionally or by
Under the current procedure, The number of foreign strata owners accident. Consequently, the notice
negotiation is only available at the is significant in the country due to will not reach the respondent.
beginning of the hearing upon the previous campaigns that promote Secondly, in cases involving the MC
lodging of the claim. This diverges foreign house buyers to purchase as the claimant and an owner as the
from the spirit of mediation in which apartments and condominiums in respondent, there have been reports
negotiation is seen as an integral Malaysia as their second home. In of the notice not being delivered to
component to induce conciliation. recent years, there has been a spate the respondent or being missing
Additionally, the mediation of property investors from China after passing the management
qualification of the SMT personnel who purchased strata residences office.
assisting the pre-proceeding in the southern region of Iskandar
negotiation is not verified. This opens Malaysia, an area touted as an Another notice under the SMT is
up the possibility of the insufficiency international economic zone. It is the default notice, which is served
of the mediation process as unlikely for the foreign strata owners on a party that disregards the
negotiation may not be fully available to be able to speak Malay, whilst the award by the SMT chairman. Once
and promoted to the disputants. SMT lacks bilingual manpower. the default notice is served, SMT’s

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Dispute Resolution of Stratified Residential Properties: The Strata Management Tribunal of Malaysia

Vol.53 No.1 2018

rectification procedure will run within that may diminish the quality of
a given timeline regardless of a new living of the occupants. The above
compliance or any intention from the observations suggest that despite Weaknesses in
SMT to review the award. its vast improvements in the area
of strata dispute resolution, SMT the negotiation
Overlapping Legal Framework contains a number of inherent issues
that may impede its full potential.
process, personnel
The mediation aspect of SMT calls
into question its accordance with Weaknesses in the negotiation and resource
the broader legal framework. In process, personnel and resource
particular, the Mediation Act 2012 constraints, notice procedure constraints,
(Act 749) was passed with the main
objective to promote and encourage
and overlapping legislation are
areas to be reviewed to eliminate
notice procedure
mediation as a method of alternative inefficiencies and increase and overlapping
dispute resolution by providing for effectiveness. These technical and
the process of mediation, thereby legal issues lie within the authority legislation
facilitating the parties in disputes to
settle disputes in a fair, speedy and
of the federal ministry overseeing
SMT who may consider a separate
are areas to
cost-effective manner and to provide subsidiary legislation that would be reviewed
for related matters. address the procedural gaps.
to eliminate
Clearly the objective of Act 749 One area that may be improved is
parallels the rationale for SMT, the negotiation element of SMT. inefficiencies
except that SMT was established
specifically to resolve strata
An additional layer to the dispute
resolution process can be introduced
and increase
disputes. Act 749 clearly sets out at the internal level before claim is effectiveness.
the types of disputes that do not lodged at the SMT. This additional
fall under its scope, and strata layer can be modelled after the
disputes are not contained in the three-tier internal dispute resolution
schedule. This raises the issue of scheme of Victoria, Australia. An
the compliance of SMT with Act 749 intervention at an early stage of the
provisions. Among others, Act 749 dispute can prevent its escalation skill that can prove invaluable to the
specifies the qualification required and provide a platform for parties to profession and should be looked
for a mediator, mediation procedure voice out their disagreements. As the into seriously to be at par with our
and liability of the mediator. It should aggrieved is empowered to narrate Singaporean counterparts.
be noted that the legal principle the perceived injurious experience
lex specialis derogat legi generali (a and the opposite party is allowed to More resources should be diverted
law governing a specific matter explain, justify or defend themselves into the SMT to prevent case
overrides a law concerning general in a conciliatory environment, the backlogs. Delays in hearings may
matters) applies in Malaysia as stress and negativity may dissipate result in festering negativity at the
indicated in several court cases. or diminish. A pre-SMT negotiation strata scheme. Eventually, each state
Thus, the specific nature of Act 757 should allow any aggrieved party should establish an SMT to ensure
that controls SMT may prevail over including the MC to file a complaint disputants’ costs are kept low in
Act 749, which is general in nature. at the MC. Being an internal dispute keeping with the spirit of mediation.
However, the applicability of lex resolution scheme, the MC should
specialis in this matter has yet been be able to call in an outside mediator From the perspective of the
tested. or train an in-house mediator to preventative principle, conflict
help the parties to conciliate before avoidance may be adopted as a
Conclusion and deciding to take the formal route. primary strategy for architects and
planners. Conflict may be avoided
This would reduce the number
Recommendations of cases to be heard at SMT and when the subject of dispute is taken
also promote a more amicable out of the equation or when an
If left unchecked, conflicts and unPIE never transforms into PIE. In
resolution among the disputants.
disputes can have a devastating the first instance, there are fewer
For professional property managers,
effect on the social relationships propensities for conflict where the
dispute resolution is definitely a
within a residential strata scheme

29
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a more comprehensive outlook on Singapore: Lexis-Nexis Butterworths.
SMT’s operational effectiveness,
Keator, T. (2011). Dispute or Conflict?
future research may look into VPSD. (2017). Residential Property
The Importance of Knowing the
commercial strata disputes. Stock Table Q3 2017. In National
Difference Retrieved 27 February,
2018, from https://www.mediate.com/ Property Information Centre (Ed.),
References articles/KeatorT1.cfm Property Stock Report. Putrajaya,
Malaysia: Valuation and Property
Agus, M. R. (1989). Public sector low Leshinsky, R., & Mouat, C. (2012). New Services Department.
cost housing in Malaysia. Habitat ways to think about conflict resolution
International, 13(1), 105-115. for more harmonious strata living Yahaya, N. (1989). Housing in Malaysia,
Planning News, 38(2), 13-14. 1955-1990. Habitat International, 13(4),
Buang, S. (2017). High expectations 63-69.
for new strata management tribunal, Mohamad, M., Sufian, A., & Mohamad,
New Straits Times. Retrieved N. A. (2015). Strata Management in

30
PEER REVIEW
Siti Farrah Zaini1 Zuraini Md Ali2 Brit Anak Kayan3

1,2,3
Department of Building Surveying, Faculty of Built Environment, University of Malaya
Email: 1sfzaini90@gmail.com, 2zuraini_mdali@um.edu.my, 3brit284@um.edu.my

Maxwell Hill:
Exploring from Built
Environment and
Historical Perspectives
Abstract

British colonial remains deserved to be declared as cultural heritage in Malaysia


because they are among the tangible evidence from the past and possess outstanding
architectural value that exists in this country. Interestingly, buildings are not the only
‘footprints’ that the British left in this country, but there are unique places that were used
by colonists when they settled in this country, called as hill stations. The existence of
hill station portrays human intelligence in taking advantage of the natural environment

31
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The Malaysian Surveyor

to soothe the needs of the British people who had to live in the tropics for prolonged
periods of time. In Malaysia, hill stations were developed starting from Penang Hill
(Bukit Bendera), Maxwell Hill (Bukit Larut), Fraser’s Hill (Bukit Fraser) and Cameron
Highlands, which emerged since 1920s. This study explores Maxwell Hill from the
perspectives of its built environment and historical value. This hill station has not been
subjected to many studies, compared to other hill stations. This paper also intends
to ensure Maxwell Hill is not neglected. A holistic qualitative methodology including
in-depth literature reviews and on-site observations of Maxwell Hill was conducted in
2017. Based on this study, it was found that the settlement was related to the British
colonial social culture, but majority of the original bungalows are abandoned and
deteriorated over time.

Keywords: Maxwell’s Hill, Hill Station, British Colonial Heritage,

F
1. Introduction Ahmad (1997) has argued that
some of British colonial remains
in order to understand its concept.
Maxwell Hill, or locally known as
rom the late 18th century deserved to be protected as heritage Bukit Larut, located in Taiping,
to 1957, the British buildings because they are tangible Perak, is one hill station that is not
has occupied Malaya evidence from the past, and possess rigorously studied compared to
(before we gained outstanding architectural values that others.
independence) with the exist in this country. Interestingly,
buildings are not the only `footprints’ According to research conducted by
interest of territorial and
that the British left behind, but also Zaini, Ali and Kayan (2017), it was
power control over this country.
unique places they used called hill found that there are limited available
The era of British colonialism in
stations. sources on Maxwell Hill’s historical
Malaya was so entrenched that
background and built environment
it gave them opportunities not
According to records and old books, research. Hence, this study is
only to have influence on power
there are four British colonial hill intended to be one of the starting
and administration system, but
stations in Malaya since the late researches that explores Maxwell
also to imprint their culture on our
18th century (S. Robert Aiken, 1994; Hill as a medium to avoid further
surroundings such as British colonial
Butcher, 1979; Crossette, 1999; Sim, negligence on this unique landscape.
architecture, especially in the
1946; Willis, 1936). The existence
Federated Malay States and Strait
Settlements.
of hill stations portrays human 2. British Hill Stations
intelligence in taking advantage of
Although Malaysia has gained the tropical landscape to soothe the Hill stations are peculiar landscapes
independence since 1957, British needs of the British in this country located on hilltops, which were
colonial architecture in this country (S. Robert Aiken, 1994; Crossette, created by the European; British
can still be seen on many buildings. 1999; Kenny, 1997; Spencer & and Dutch, as well as the American
In fact, some of these buildings are Thomas, 1948). in their colonies, especially in the
registered as heritage buildings Orient. British colonial hill stations
Thus, this paper was carried out did not only exist in Malaya, but also
under National Heritage Act (2005)
to explore one of four hill stations in British Raj (India) (Crossette, 1999;
that represent parts of Malaysian
from the perspective of its built Spencer & Thomas, 1948; Westlake,
cultural heritage (Ahmad, 1993).
environment and historical value 1993). Hill stations were created in

32
Maxwell Hill: Exploring from Built Environment and Historical Perspectives

Vol.53 No.1 2018

the first place by the British as a way and Cameron Highlands (S. Robert materialise due to political conflicts,
to avoid the unpleasant hot weather Aiken, 1987; S. Robert Aiken, 1994; where part of the hill was located
and environment as well as from the Crossette, 1999). According to Aiken in Kelantan territory, which was not
reach of mosquitoes. (1994), there were more hill stations a Federated Malay States (Butcher,
designed by British but were unable 1979).
In addition, these colonists were to be developed due to specific
far from home. Based on the circumstances. He has categorised It is interesting to find that hill
government’s leave policy, the hill stations in Malaysia into three stations in Malaysia were able to be
British officers were not allowed to categories -- principal, minor and developed from a retreat landscape
return to England frequently. It was planned. into a social settlement, despite of its
documented that many of Europeans mountainous characteristics, for the
suffered from tropical pressure that Penang Hill, Maxwell Hill, Fraser’s Hill British families and friends who were
affected their mental health (Butcher, and Cameron Highlands are principal similar in social status to mingle and
1979; H.T.Ross, 1937; Kennedy, 1996; hill stations, Gunung Kledang in socialise, to play sports, hang out in
W.T.Wood, 1895). Perak, Bukit Kutu in Selangor and pubs, etc. These are proved by the
Gunung Angsi in Negeri Sembilan are existence of Tudor bungalows, pubs
Many of them retreated to higher the minor hill stations, and Mount and hotels, and old sport facilities
altitude as they found that it is Tahan in Pahang is the planned such as tennis court, golf course
colder and brought comfort to their (never developed) hill station and lawns (S. Robert Aiken, 1994;
health, while staying out of the reach (S. Robert Aiken, 1994). Crossette, 1999; Sim, 1946; Willis,
of mosquitos (Baker, 2014). A few 1936).
historical documents highlighted In 2017, an in-depth study hads been
hill stations were popular in 19th conducted to understand the criteria In India, the geographical
century, where the stations bring to of sites selected by the British to be characteristics of British hill stations
memory the lifestyle they might have developed as hill stations as shown played an important role in social
led in their own country (S. Robert in Table 1. It was found that minor element of the British people as the
Aiken, 1994; Crossette, 1999; Francis, hill stations were not developed due stations on the highest altitude were
2015; Weebers & Idris, 2016). to the geographical factor, where for who were of higher social and
they were not located high enough official elite, while the others were
In Malaysia, hill stations were to satisfy the needs of British people socialising at the lower levels of the
developed since the late 18th century (Zaini, Ali, & Kayan, 2017). hill (Herbert, 2011; Kennedy, 1996).
during the British era -- Penang Hill
(Bukit Bendera), Maxwell Hill (Bukit Mount Tahan in the other hand is Although there are no literature
Larut), Fraser’s Hill (Bukit Fraser) a planned hill station but did not on the matter, the settlement

Table 1: The geographical characteristics according to hill stations in Malaysia (Zaini, Ali & Kayan, 2017)

Hill stations

Maxwell’s Fraser’s Cameron Gunung Bukit Gunung Gunung


Geographical Penang Hill
Hill Hill Highlands Kledang Kutu Angsi Tahan
Feature (Principal)
(Principal) (Principal) (Principal) (Minor) (Minor) (Minor) (Planned)
States/ Penang Perak Selangor Pahang Perak Selangor Negeri Pahang
Territory Island and Pahang Sembilan
Summit’s 833 1,250 852–1,460 1,070–1,830 808 923 825 2187
altitude (m)
Temperature 24.0–25.5 15–25 2–23 17–20 Unknown Unknown Unknown Unknown
(°C)
Size (ha) 468 Approx. 690 Approx. 71,220 Unknown Unknown Unknown Unknown
2,830

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organisation of Malaysian hill 2017; Kennedy, 1996; Weebers & from the Preferred Reporting Items
stations could be similar to those in Idris, 2016; Westlake, 1993). for Systematic Reviews and Meta-
India. Thus, this study is to explore Analyses (PRISMA) checklist as this
the settlement setting of hill station Every literature on hill stations stated approach is able to ensure minimal
by looking at Maxwell Hill. English bungalows and gardens bias by the researcher in conducting
were part of their developments. systematic literature review (Moher
2.1. Maxwell Hill, Taiping There is an archived record in 1947 et al., 2009).
Maxwell Hill is the second hill station that highlighted the condition of 10
created in Malaya, but the first one bungalows and the distance of each 3.1.1. Identification
on the mainland, as Penang Hill was bungalow from the foothills to the This approach was started with
located on an island (S. Robert Aiken, hill top. related articles searches based on
1994; Crossette, 1999; Weebers following article databases: Web of
The 10 bungalows on Maxwell Hill
& Idris, 2016). It is located in the Science and SCOPUS. The search
are: The Cottage, the first retreat
northern state of Malaysia called was conducted using keywords
bungalow erected on the hill in
Perak and lies in the heritage town related to hill stations, hill resort,
1884 (German, 1927) is nine miles
of Taiping. Perfectly located as the
from the hill’s foot or 1,376 metres Maxwell Hill, Bukit Larut, Larut Hill
backdrop to Taiping, the Maxwell Hill
above sea level, followed by The and Taiping Hill as shown in Table
summit is at 1,250 metres above sea
Box, Hugh Low’s and Speedy’s 2. Careful screening was then
level.
(also known as The Rest House) conducted to ensure related articles
As mentioned earlier, there are bungalows which are eight miles on historical and built environment
limited historical resources from the hill’s foot, Treacher’s, The background on Maxwell Hill were
on Maxwell Hill (see Section Hut, Superintendant’s, Watson’s and identified.
3). However, the era of British Maxwell’s Bungalows were about
intervention in Taiping under seven miles away, and finally two 3.1.2. Screening
the Pangkor Treaty 1874 that Tea Gardens Bungalows which are Several acceptation and rejection
allowed Taiping to receive British located at the lowest part of the hill, criteria were determined. The journal
administration might be the starting about four miles from the hill’s foot articles selected must have reviews
point of Maxwell Hill’s development. (Perak Secretary, 1947). on the historical background and
The geographical characteristics built environment of Maxwell Hill
of this hill station provided an 3. Methodology or Bukit Larut. However, only one
opportunity to the British to overlook article on Maxwell Hill was found
To achieve its objective, this study on Web of Science and SCOPUS
tin mining activities at the lowlands.
was carried out through in-depth but is not related to research on
Maxwell Hill emerged as hill station,
and systematic historical review on built environment and historical
which not only served the English
British hill stations and particularly background. There are 66 articles
officers in Taiping, but also for
on Bukit Larut as well as on-site found in the ScienceDirect database
the English who came to visit this
observation. Despite of conducting based on keywords and six articles
country as written in personal
technical approach similar to other are related to hill stations in Malaysia.
journal by Sim (1946) titled “Malayan
surveying studies, it is crucial for this
Landscape”.
study to highlight the contribution of All six articles pointed to
The most unique element that has holistic qualitative methodology to characteristics of hill stations but
been existed on Maxwell Hill since the field of surveying studies. none are related to Maxwell Hill.
the colonialism era is the use of Land Hence, this study was preceded
3.1 Systematic Literature with in-depth literature review that
Rovers as the mode of transport
Reviews involved 10 old books and four
from the lowland to the top. Prior to
that, ponies and sedan chairs were A systematic literature review was archival records that had background
the only mode of transportation undertaken to ensure in-depth literature on Maxwell Hill and British
up the hill (Sim, 1946; Tourism understanding on the historical hill stations in India and Malaysia.
Malaysia, n.d). Hill stations created and built environment of Malaysian
and designated by the British in India hill stations and Maxwell Hill. The 3.2 On-Site Observation
and Malaya were synonymous with literature review process was On-site observation was conducted
bungalows (Crossette, 1999; Gibby, conducted based on relevant criteria in February 2017. On-site

34
Maxwell Hill: Exploring from Built Environment and Historical Perspectives

Vol.53 No.1 2018

Table 2: Identification process on related literature according to selected databases

Average of
Types of crisis Perceived severity of crisis a

Web of Science TS=((“Maxwell* Hill” AND “Hill Station*” OR “Maxwell* Hill” AND “Hill Resort*” OR “Bukit Larut”
AND “Larut Hill” OR “Taiping Hill”)
SCOPUS 1. TITLE-ABS-KEY (“Maxwell* Hill” AND “Hill Station*” OR “Maxwell* Hill” AND “Hill Resort*” OR
“Bukit Larut” AND “Larut Hill” OR “Taiping Hill”)

2. TITLE-ABS-KEY (“Maxwell* Hill” AND “Hill Station*”)


ScienceDirect “Hill Stations’’ AND Malaysia

observation is a data collection observing and its context (Hussein & at 1,389 metres near Caufield Hill,
technique that is used in this study Daud, 2016). where the road ends there. Based
as it is self-exploratory where the on observations, Maxwell Hill is
observer looks, listens and records 4. Findings and uninhabited. Existing bungalows
the observable phenomena or are used as lodgings for tourists.
behaviour in its natural setting and
Discussion Bungalows and other buildings on
understand them (Golicnik, 2005; Figure 1 shows the topography map the hilltop were observed in their
Gorman & Clayton, 2005; Silverman, of Maxwell Hill. The map portrays current conditions, materials and
2006). the placement of settlement on the locations.
hill is between 900 metres and 1,243
As this research objectively There are 10 bungalows in Maxwell
metres above sea level. According
explores the built environment and Hill (Hasmi, 2017; Taiping Municipal
to Taiping Municipal Council (n.d),
historical perspectives of Bukit Larut Council, n.d). However, only six
The Cottage bungalow is located
according to the hill station concept,
the observation conducted were
looking at original bungalows and
the settlement setting on the hilltop
in term of their current condition,
materials and location. This study
can be considered as a starting
point for further exploration. Thus,
observation technique is considered
suitable method as highlighted by
Golicnik and Thompson (2010),
where observation is a tool towards
gaining deeper knowledge about
the site; and that it can serve as an
orientation and a starting point for
further research (Hussein & Daud,
2016).

It is important to select observation


technique as it has specific ways
in which researcher observes and
records (Simpson & Tuson, 1995).
Figure 1: Topography map that shows summit of Maxwell’s Hill (Not to scale).
This is including through the kind
(Map Courtesy: Department of Surveying and Mapping, 2013)
of occurrence of research will be

35
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bungalows can be reached by the


Land Rover. It is also unfortunate
that the oldest bungalow, The
Cottage is not accessible by Land
Rover and is a restricted area for the
visitors as it is currently belongs to
Telekom Malaysia.

On observation day, all reachable


bungalows are inaccessible as
one functioning bungalow was
rented by tourists, while the rest
were closed, abandoned and in a
state of deterioration. Based on the
document record, The Cottage was
constructed using granite stones
and portrayed English architectural

Figure 2: The Hut presently known as Cendana.

Figure 3: Federal/Superintendent’s bungalow presently Figure 5: Watson’s bungalow presently known as Beringin.
known as Angkasa.

Figure 4: Unknown bungalow which presently known as


Permai View Bungalow.

Source: Author, 2017

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Maxwell Hill: Exploring from Built Environment and Historical Perspectives

Vol.53 No.1 2018

value (Taiping Municipal Council,


n.d). However, the observation
conducted found all other reachable
bungalows were constructed from
timber instead of granite stones,
although many of the bungalows
were erected in the same time frame
similar time interval.

Without a clear historical


background, limited granite stones
or labour could be the most logical
reasons on the use of different
materials. Based on-site observation,
it has been found that there is no
specific settlement setting on the
Figure 7: One of he abandoned bungalow and left deteriorate in Maxwell’s Hill. hill as all bungalows and additional
buildings are scattered, except that
most of the bungalows are located
at ridges of the hill.

This is a significant finding as every


location of reachable bungalow
offers majestic views of the
horizon and provides clear views
of Taiping town at the lowland.
English bungalows in hill station
are purposely erected on the ridges
as to reflect the social status of its
occupants (Herbert, 2011; Kennedy,
1996). It is crucial to highlight this, as
it illustrates the key characteristic of
social status on Maxwell Hill, which
similar to the hill stations in India.
Figure 8: This playground was a former site for tennis and lawn sports during
British colonialism era. 5. Conclusion
In conclusion, this study has
explored on the setting of
Maxwell Hill particularly from built
environment perspective based on
in-depth historical literature review
and on-site observation. Although
it was found that Maxwell Hill is
no longer inhabited, and some
bungalows are left abandoned,
the tangible remnants of this hill
station portray a unique and foreign
cultural landscape existed in this
country which illustrate an intelligent
interaction between human and their
environment.

Figure 9: Clear view of town of Taiping from the top of Maxwell’s Hill.

37
PEER
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The Malaysian Surveyor

This paper has also presented the Crossette, B. (1999). The Great Hill Perak Secretary. (1947). Maxwell’s
condition, materials and location Stations of Asia. New York: Basic Hill, Taiping - Draft Rules Governing
of bungalows in Maxwell Hill on Books. the Occupation of Bungalows.
a surface level as well as the (1957/0304668). Arkib Negara
characteristics of the settlement Francis, R. (2015). Penang Hill Malaysia.
which aligned with the concept Furnicular Railway: Remembering an
of British hill stations. Despite Engineering Feat 1923-2010. Penang: Sim, K. (1946). Malayan Landscape.
of being overlooked as a unique Areca Books. London: Micheal Joseph LTD.
cultural landscape, more studies are
German, R. L. (1927). Handbook to Spencer, J. E., & Thomas, W. L. (1948).
expected to be conducted on built
British Malaya. London: Malay States The Hill Stations and Summer Resorts
environment of not only Maxwell Hill,
information agency. of the Orient. Geographical Review,
but other hill stations in Malaysia.
38(4), 637-651.
Gibby, M. (2017). Penang Hill: A
Acknowledgement Journey Through Time. Penang: Taiping Municipal Council. (n.d). Bukit
Entrepot Publishing Sdn Bhd. Larut Hill Resort. Taiping: Taiping
The authors gratefully acknowledge
Municipal Council.
the financial support of PG111- H.T.Ross. (1937, 4th August 1937).
2015B, a Postgraduate Research Official Memorandum. [Memorandum Tourism Malaysia. (n.d). Cool Highland
Grant established at Universiti on clerk in the Government Printing Resort. Arkib Negara Malaysia.
Malaya Department of FMS to get a treatment
health in hill station]. Official W.T.Wood. (1895). Application from
References Memorandum, (F.S 3166/37). Arkib Mr.W.T.Wood, Chief Draftman for
Negara Malaysia. eleven days leave to enable him to
Ahmad, A. G. (1993). Conservation of proceed to Penang Hill for the benefits
British Colonial Buildings Built Between Hasmi. (2017). History of Maxwell’s of his health. (1957/0056605). Arkib
1800 and 1930 in Malaysia. (Doctor Hill. In S. F. Zaini (Ed.). Negara Malaysia.
of Philosophy), University of Sheffield,
University of Sheffield. Herbert, E. W. (2011). Flora’s Empire: Weebers, R., & Idris, H. (2016). British
British Gardens in India. London: Hill Stations in South Asia and
Ahmad, A. G. (1997). British Colonial University of Pennsylvania Press. Mainland South East Asia: British India,
Architecture in Malaysia 1800-1930. Ceylon, Burma and British Malaya:
Kuala Lumpur: Museums Association Hussein, H., & Daud, M. N. (2016). An A Comparative Study. Journal od
of Malaysia. Observation Method For Qualitative Southeast Asian Studies, 21, 174-189.
Data Gathering Qualitative Research
Aiken, S. R. (1987). Early Penang Hill Tools and Techniques. USA: Farwood Westlake, G. D. (1993). An Introduction
Station. Geographical Review, 77(4), Publishing. To The Hill Stations Of India India:
421-438. Indus.
Kennedy, D. (1996). The Magic
Aiken, S. R. (1994). Imperial Belvederes: Moutains (Vol. 1). Berkeley: University Willis, A. C. (1936). Willis’s Singapore
The Hill Stations of Malaya. New York: of California Press. guide: with descriptive of interest
Oxford University Press. to tourists on Malaya. Singapore:
Kenny, J. T. (1997). Claiming the high Advertising and Publicity Bureu Ltd.
Baker, J. C. T. (2014). Mobility, ground: theories of imperial authority
tropicality and landscape: the and the British hill stations in India. Zaini, S. F., Ali, Z. M., & Kayan, B. A.
Darjeeling Himalayan Railway 1881- Political Geography, 16(8), 655-673. (2017). Site Selection Criteria for British
1939. Journal of Historical Geograophy, Colonial Hill Stations in Malaya. Paper
44, 133-144. Moher, D., Liberati, A., Tetzlaff, J., presented at the 2nd International
Altman, D., & The PRISMA Group. Symposium of Nusantara Cultural
Butcher, J. G. (1979). The British in (2009). Preferred Reporting Items Heritage, University of Bung Hatta,
Malaya 1880-1941. Oxford: Oxford for Systematic Reviews and Meta- Indonesia.
University Press. Analyses: The PRISMA Statement.
PLos Med, 6(7). doi: https://doi.
org/10.1371/journal.pmed.1000097

38
RISM NEWS
Vol.53 No.1 2018

Memorandum of Delegates from Malaysian Institute of Arbitrators (MIArb)


made a visit to RISM on 11 January 2018 attended by

Understanding
the President and some Council Members.

The purpose of the visit was to discuss issues pertaining

(MoU) between to diversifying membership between both institutions as


well as to promote events to the members.

RISM and MIArb had expressed interest to sign Memorandum of


Understanding (MoU) with RISM to facilitate the above.

Malaysian
As such, the signing ceremony between RISM and
MIArb had taken place on 8 March 2018 at Hilton Hotel,
Petaling Jaya, Selangor.

Institute of This signing ceremony was held during the National

Arbitrators
Real Estate Convention (NREC) that was at the same
venue. The purpose of signing the Memorandum is to
have common understanding to build a long term co-

(MIArb) operative relationship and collaboration between the two


bodies. The ceremony was attended by the QS Division
Chairman, Sr Ahmad Suhaimi Abdul Majid, President of
MIArb, Sudharsanan Thillainathan and President of RISM
Dato’ Sr Lau Wai Seang and the signing was witnessed
by Verghese Aaron Mathews (Hon. Treasurer of MIArb)
and Sr Lim Choon Yong (Hon. Secretary Gen. of RISM).

39
RISM NEWS
The Malaysian Surveyor

CABE Presidential Visit to RISM


The CABE Delegation comprising the President, David briefly introduced their historical presence in the UK
Taylor and CEO, Dr. John Hooper arrived at the RISM and Malaysia. RISM and CABE then discussed future
office with the Chairman of CABE Malaysia Chapter Sr collaboration between the two bodies in the areas
Isacc Sunder Rajan who is also the Committee member of training, joint CPD talks and CABE’s interest to
of the BS Division of RISM at 10am on 18 January 2018. participate in the upcoming International Surveyors
Conference (ISC).
The CABE delegation was warmly greeted by the Deputy
President of RISM, Sr Mohamad Azmi Mohd Zin, Vice There were also discussions on joint RISM and CABE
President of RISM (BS Division) Sr Hj. Mohd Amin, Hon. training in areas of Building Control, Sustainability, Party
Secretary General of RISM Sr Lim Choon Yong, Past Wall Surveys and BREEAM Building Certification.
Chairman of CABE Malaysia Chapter, Sr Dr Ahmad
Ramly, BS Committee Member, Sr Mohd Dali Mohd Alias, The visit ended at about 11.30am on a positive note with
Chief Operating Officer, Katherine Thiang and Librarian/ RISM and CABE agreeing in principle to collaborate in
IT Officer, Zarinah Dainal on the second floor trainings and conference participation.
of Bangunan Juruukur, Petaling Jaya.
A group photograph was taken for remembrance and
After the brief introduction and informal breakfast, RISM and CABE agreed to meeting again next year to
RISM called the meeting to order. Both RISM and keep track on the progress between the Institutions.
CABE had video presentations of their institutions,

40
RISM NEWS
Vol.53 No.1 2018

Blood Donation Campaign 2018


JUPEM and RISM’s Sport and
Social Committee in collaboration
with the National Blood Centre had
successfully organised a Blood
Donation Campaign at Dewan
Ukur, JUPEM, Kuala Lumpur on 22
January 2018. The programme was
officiated by Dato’ Sr Mohd Noor
Isa, Director General, Department of
Survey and Mapping Malaysia.

A total of 91 donors comprised


JUPEM staff, RISM members and
ATM officers took part.

41
RISM NEWS
The Malaysian Surveyor

RISM Inter-
Firms Bowling
Tournament 2018
RISM Inter-Firms Bowling Tournament 2018 was held on
20 January 2018 with the participation of 30 firms. The
Champion of this event was UiTM Perlis, Team STORM.

27th National Real Estate Convention


This yearly event was successfully organised by Property and panelists experts of their respective fields. The
Surveying Division with the theme “Real Estate Trends: event received coverage by a number of a organisation
2018 and Beyond” on 8 March 2018 at Hilton Hotel, and from the feedback gathered, the participants
Petaling Jaya, Selangor. The organising committee gave positive responses and encouragement towards
managed to invite local and international speakers continuing this event in the future.

42
PROFESSIONAL PRACTICE
Vol.53 No.1 2018

Happiness is not a goal;


it is a by-product.
Eleanor Roosevelt

43
BOOK REVIEW
January – March 2018

Isu-Isu Perundangan
Berkaitan Kontrak Binaan
Author: Amran Mohd Majid
Publisher: Dewan Bahasa Pustaka
ISBN No: 978-983-49-0174-5

Synopsis (g) Variation Orders,

(h) Extension of Time and


The Legal Issues on Building Contract Related
Legislation have been written by Sr Amran Mohd Majid. (i) Determination.
There are nine chapters in this 614-page book. This book
was published by Dewan Bahasa dan Pustaka (DBP) in Each chapter discusses the current issues that often
2017. occur during the project and have been a dispute
between two parties, such as Extension of Time,
Contract management is a work process that begins Variation Orders, Interim Payments and Determination
from the beginning of the project until the completion of Contract. These issues have been well-crafted by the
ie the final accounts and final certificate. From that author in a simple language and supported by facts,
point on, various issues or issues will arise between relevant acts within the construction industry such
contracting parties ie employers, consultants and as the Contracts Act 1950, the Construction Industry
contractors. These issues are sometimes a dispute Adjudication and Payment Act 2012 (CIPAA) and
between the contracting parties and are likely to be complemented by examples of court cases decided in
brought to the legislative stage for a claim of justice after court to enhance understanding of readers.
failure to settle or get a decision from the Superintending
Officer (SO). Before discussing common issues such as Extension
of Time, Variation Orders, Payments and Determination
Thus, numerous issues may arise during the of Contracts, the author has written on the roles and
implementation of the contract and that can be brought responsibilities that the employers, consultants and
to legal or litigation levels by the aggrieved party to contractors need to know from the legal perspective
demand justice. In order to enhance the understanding so that they have the knowledge of the rights and
of readers and to guide them in understanding the the obligation to be observed during the duration
issues, the author has drawn them in nine main chapters of the contract. Failure to understand the roles and
namely: responsibilities will affect the course of the project.
(a) Employers’ Obligation, This book is highly recommended for reading and self-
referencing as simple language style is adopted and
(b) Contractor’s Obligation,
assisted by examples of court cases to help readers
(c) Consultant’s Obligation, understand each issue discussed.

(d) Form of Contract,

(e) Estimates, Prepared by,


Norazilan Mazahar
(f) Final Accounts and Certificate, Provisional QS 2013/PVQS04165

44
ELEMENTAL COST ANALYSIS
Vol.53 No.1 2018

ELEMENTAL COST ANALYSIS - FORM 1 7- Educational, Cultural and Scientific


Building
A - 2 - 915
Job Title : Bangunan Makmal dan Pejabat Client : Goverment
Location : Tender Date : July 2009
INFORMATION ON TOTAL PROJECT
Project And Contract Information
Project Details And Site Conditions : Contract : PWD 203A Rev. 10/83
Construction and completion of Double Storey Lab and Administrative
Building located at flat area.
Market Conditions : Competitive
Contract Particulars : Cost Fluctuation : Yes / No Competitive Tender List
Type Of Contract: PWD 203A Rev. 10/83 Goverment x Rm Int/Jv/L
Basis Of Tender: Private 1,685,720.60 L
Bills Of Quantities Open/Selected 1,636,570.73 L
x x
Competition Private 1,630,000.00 L
1,622,014.16 L
Bills Of Approx. Quantities Negotiated 1,365,623.20 L
Schedule Of Rates/ Serial 1,334,576.00 L
Spec & Drawings 1,134,161.50 L
Provisional Sum Rm 105,000.00 1,088,071.30 L
Contract Period Stip. By Client : 40 Weeks Prime Cost Sum Rm -
Contract Period Offered By Builders : 40 Weeks Preliminaries Rm 89,800.00
Number Of Tenders Issued : 10 Contingencies Rm -
Number Of Tenders Received : 8 Contract Sum Rm 1,630,000.00
ANALYSIS OF SINGLE BUILDING
Design/Shape Information
Accommodation and Design Features :
Construction and completion of Double Storey Lab and Administrative Building comprising of lab, research area, chemical room, distillation,
instruments, preparation area, wet preparation area, freezer, chiller, grinder, dry store, wet store, bilik sembahyang, toilets, administrative office,
meeting room, utility, resource libarary and lounge, research officer room, research assistant officer area, joint facilities area, pantry,
discussion room and filing room.
Functional Unit : 659 m2 of Useable Area Design/Shape:
Areas : Percentage of Gross Floor Area
Lower Ground Floor - m2
Ground Floor 524 m2 a) Below Ground Floor %
Upper Floor 391 m2 External Wall Area = 893
GROSS FLOOR AREA 915 m2 Gross Floor Area = 915
Usable Area b) Single-storey %
GROSS FLOOR AREA 659 m2 = 0.976
Circulation Area 103 m2 c) 2-Storey 100%
Ancillary Area 118 m2
Internal Division 35 m2 Storey Heights d) 5-Storey %
GROSS FLOOR AREA 915 m2
Av. Below Grd Floor 0.00 m
Floor Space NOT Enclosed : - m2 At Ground Floor 3.60 m
Above Ground Floor 3.15 m
Roof Area : 696 m2
(Metal deck and roofs slab)
Brief Cost Information
Contract Sum RM 1,630,000.00 Functional Unit Cost Tender RM2,374.86/m2 of Useable Area
Provisional Sum RM 105,000.00 - (Excluding external works)
Prime Cost Sum RM -
Preliminaries RM 89,800.00 being 5.83% of remainder
Contingencies RM - being - Contract Sum

Contract Sum
Less Contingencies RM 1,630,000.00

45
ELEMENTAL COST ANALYSIS
January – March 2018

ELEMENTAL COST ANALYSIS - FORM 2 7- Educational, Cultural and Scientific


Buildings
A - 2 - 915

SUMMARY OF ELEMENTAL COSTS


‘Gross Floor Area: 915 m2 Tender Date :July 2009
Preliminaries Shown Separately
Element Total Cost Cost per Element Elemental Element Reinforced Reinforcement Formwork
Of Element m2 GFA Unit Unit Rate Ratio Concrete
RM RM Quantity RM per m2 GFA m3 kg m2
1 Substructure
1A Piling 121,260.00 132.52 1728 m2 70.17 1.888 -
1B Work Below Lowest 181,084.60 197.91 523 m2 346.24 0.572 202 35,743 938
Floor Finish
Group Elemental Total 302,344.60 330.43 202 35,743 938
2 Superstructure
2A Frame 114,372.25 125.00 915 m2 125.00 1.000 105 30,400 856
2B Upper Floors 41,486.65 45.34 391 m2 106.10 0.427 33 3,596 292
2C Roof 136,459.00 149.14 696 m2 196.06 0.761 50 5,474 338
2D Stairs 10,603.50 11.59 - - - 7 561 58
2E Externall Walls 36,884.00 40.31 693 m2 53.22 0.757 - - -
2F Windows & External 60,260.00 65.86 200 m2 301.30 0.219 - - -
Doors
2G Internal Walls & 30,459.00 33.29 389m2 78.30 0.425 - - -
Partitions
2H Internal Doors 34,828.00 38.06 122 m2 286.09 0.133 - - -
Group Element Total 465,352.40 508.59 188 39,470 1,486
3 Finishes
3A Internal Wall Finishes 70,026.00 76.53 2,050 m2 34.16 2.240
3B Internal Floor Finishes 75,066.00 82.04 865 m2 86.78 0.945
3C Internal Ceiling Finishes 42,187.00 46.11 1032 m2 44.27 0.945
3D External Finishes 50,371.00 55.05 49 m2 1,027.98 0.054
Group Element Total 237,650.00 259.73
4 Fittings & Furnishings 105,000.00 114.75 -
5 Services P.C.Sums Tendered
Allowed Sum
5A Sanitary Appliances 7,280.00 7.96
5B Plumbing Installation 103,433.00 113.04
5C Refuse Disposal - -
5D Air Conditioning & 85,846.00 93.82
Ventilation System
5E Electrical Installation 151,944.00 166.06
5F Fire Protection 4,885.00 5.34
Installation
5G Lift & Conveyor - -
Installation
5H Communication - -
Installation
5J Special Installation 11,500.00 12.57
5K Builder’s Profit & - -
Attendance on Services
5L Builder’s Work In - -
Connection with Services
Group Element Total 364,888.00 398.79 - -
Sub-total exc. External Works, 1,475,235.00 1,612.29
Preliminaries & Contingencies
6 External Works
6A Site Work 50,715.00 55.43
6B Drainage 12,580.00 13.75
6C External Services 1,670.00 1.83
6D Ancillary Buildings - -
6E Recreational Facilities - - - -
Group Elemental Total 64,965.00 71.01
Preliminaries 89,800.00 98.14
TOTAL (less Contingencies) 1,630,000.00 1,781.42

46
ELEMENTAL COST ANALYSIS
Vol.53 No.1 2018

ELEMENTAL COST ANALYSIS - FORM 3 7- Educational, Cultural and Scientific


Buildings
A - 2 - 915

BRIEF SPECIFICATION
‘Gross Floor Area: 915 m2 Tender Date :July 2009
Element Specification
1 Substructure
1A Piling 150mm x 150mm precast reinforced concrete Grade 45
1B Work Below Lowest Floor Fnish Reinforced concrete pile caps, column stumps, ground floor beams, ground floor slab,
apron slab, bar reinforcement, formwork, anti-termite soil treatment and 230mm diameter
half round glazed drain
2 Superstructure
2A Frame Reinforced concrete columns, suspended floor beams and roof beams, bar reinforcement,
formwork and 150mm diameter round steel columns
2B Upper Floors Reinforced concrete suspended floor slab, bar reinforcement and formwork
2C Roof 'Reinforced concrete flat roof, bar reinforcement, formwork, waterproofing membrane,
colorbond metal sheet roof covering, aluminium fascia board, UPVCgalvanised iron rainwater
downpipe, UPVC gutter, aluminium flashing, galvanised iron spout pipes and steel roof
trusses system
2D Stairs Reinforced concrete staircase, homogenous tiles to landing slab, tread and skirting and
900mm high painted mild steel railing to staircase
2E External Walls Generally, 300mm, 230mm and 150mm thick brickwall in cement and sand bricks bedded
and jointed in cement mortar (1:3) reinforced with and including Exmet reinforcement at
every fourth course and 1500mm high aluminium louvres
2F Windows & External Doors Aluminium framed fixed glass, casement and top hung windows with 6mm thick clear glass
panel, 'Zincalum' aluminium door frame, timber flush doors, mild steel grille doors, sliding
glass doors and mild steel roller shutter
2G Internal Wall & Partitions Generally, 150mm thick brickwall in cemend and sand bricks bedded and jointed in cement
mortar (1:3) reinforced with and including Exmet reinforcement at every fourth course and
75mm thick gypsum board partition
2H Internal Doors ''Zincalum' aluminium door frame, aluminium framed glass door glazed with 8mm thick clear
glass panel, timber flush doors and one-hour fire rated doors
3 Finishes
3A Internal Wall Finishes Generally, cement and sand (1:6) with plasticiser, emulsion and epoxy paint and approved
ceramic tiles
3B Internal Floor Finishes Generally, cement and sand (1:3) screeding, cementitious waterproofing Sika Top Seal 107,
screeding trowelled hard, epoxy paint and approved homogenous tiles
3C Internal Ceiling Finishes Generally, 4mm thick cement based skim coat plaster system, 3.2mm thick mineral fibre
board ceiling and painting
3D External Finishes Generally, cement and sand (1:6) with plasticiser and painting to walls, screeding trowelled
hard, approved homogenous floor tiles, approved loose granite, 500mm x 500mm concrete
slab, 4mm thick cement based skim coat plaster system, powder coated aluminium strip
boarding and painting

4 Fittings & Furnishings Lab furnitures

47
ELEMENTAL COST ANALYSIS
January – March 2018

ELEMENTAL COST ANALYSIS - FORM 3-Cont’d 7- Educational, Cultural and Scientific


Buildings
A - 2 - 915

BRIEF SPECIFICATION
‘Gross Floor Area: 915 m2 Tender Date :July 2009
Element Specification
5 Services
5A Sanitary Appliances ''Johnson Suisse' vitreous china low level washdown water closet, lab sink, pillar tap,
semi-recessed toilet roll holder, semi-recessed vitreous china soap holder, 13mm diameter
stop cock and mirror with plywood backing
5B Plumbing Installation Soil, waste and vent pipes for sanitary plumbing services and cold water services
5C Refuse Disposal NIL
5D Air Conditioning & Ventilation System Direcet Expansion Air Cooled Split Units System including outdoor condensing unit and indoor
direct expansion fan coil units, exhaust fan, refrigerant copper piping, uPVC condensate drain
pipe, cabling and wiring works
5E Electrical Installation Low voltage installation, external and internal telecommunications installation, networking
empty trunking installation and relocation existing services
5F Fire Protection Installation Hose Reel System, Dry Riser System, Fixed CO2 System, Fire Alarm System and Fire
Extinguishers
5G Lift & Conveyor Installation NIL
5H Communication Installation NIL
5J Special Installation Gas piping installation
5K Builder’s Profit & Attendance on Services NIL
5L Builder’s Work In Connection With Services NIL
6 External Works
6A Site Work Site Clearance and Earthworks, Roads and Hardstanding, Turfing Works and Fencing Works
6B Drainage 750mm Diameter precast reinforced concrete pipre culvert (Grade Y), 1050mm x 900mm
brick sump, 225mm Diameter vitrified clay pipes, connection to existing manhole and testing
6C External Services 150mm Diameter approved cast iron double outlet pillar hydrant, duck foot bend, 100mm
diameter sluice valve rated 16 bar (flange end), precast concrete valve indicator posts, mass
concrete thrust block, anchor block, pillar hydrant chamber, sluice valve marker post and
connection to existing pipe
6D Ancillary Buildings NIL
6E Recreational Facilities NIL

48
ELEMENTAL COST ANALYSIS
Vol.53 No.1 2018

CALCULATION OF GROSS FLOOR AREA (GFA)


‘Gross Floor Area: 915 m2
Item Description Lenght Width T/S Area Usable Circulation Ancillary Int. Division
L W LXW m2 m2 m2 m2
1 GROUND FLOOR
(a) Usable
1 Grinding 3.600 3.175 1.00 70.17 11.43 11.43
2 Chiller 3.025 3.000 1.00 9.08 9.08
3 Freezer 3.025 3.000 1.00 9.08 9.08
4 Loading Area 5.000 3.175 1.00 15.88 15.88
Loading Area 5.5500 6.000 1.00 33.30 33.30
5 Omission of Encassed RWDP 0.900 0.650 -1.00 -0.59 -0.59
Omission of Encassed RWDP 0.625 0.650 -1.00 -0.41 -0.41
Omission of Wet Preparation 1.955 0.600 -1.00 -1.17 -1.17
6 Wet Preparation 1.955 6.000 1.00 8.34 8.34
Wet Preparation 6.175 1,350 1.00 32.03 32.03
Wet Preparation 4.625 6.925 1.00 32.03 32.03
Wet Preparation 3.575 4.000 1.00 14.30 14.30
7 Preparation Area 0.750 2.650 1.00 1.99 1.99
Preparation Area 2.600 4.000 1.00 10.40 10.40
8 Instruments Room 4.400 3.800 1.00 16.72 16.72
9 Distillation Room 6.175 2.900 1.00 17.91 17.91
10 Chemical Room 2.400 2.900 1.00 6.96 6.96
11 Bilik Sembahyang Lelaki 3.075 4.125 1.00 12.68 12.68
12 Bilik Sembahyang Perempuan 3.525 4.125 1.00 14.54 14.54
13 Switch Room 2.695 1.400 1.00 3.77 3.77
14 Pentadbiran 4.250 4.125 1.00 17.53 17.53
Pentadbiran 1.450 2.500 1.00 2.36 2.36
15 Bilik Fail 1.450 2.500 1.00 3.63 3.63
16 Lab 1 8.525 8.300 1.00 70.76 70.76
Lab 1 1.975 2.950 2.00 11.65 11.65
17 Wash Area 1.975 2.400 1.00 4.74 4.74
18 Lab 2 11.125 8.300 1.0 92.34 92.34
19 Omission of Encassed RWDP 0.350 0.600 -4.00 -0.84 -0.84
Omission of Encassed RWDP 0.700 0.600 -2.00 -0.84 -0.84
(b) Circulation
1 Staircase 1 2.525 5.400 1.00 13.64 13.64
2 Staircase 2 3.800 1.175 1.00 4.47 4.47
Staircase 2 1.605 1.400 1.00 2.25 2.25
3 Corridor 2.800 1.275 1.00 1.96 1.96
Corridor 1.400 1.400 1.00 1.96 1.96
Corridor 2.000 1.175 1.00 2.35 2.35
(c) Ancillary
1 Encassed RWDP 0.900 0.650 1.00 0.59 0.59
Encassed RWDP 0.625 0.650 1.00 0.41 0.41
2 Wet Store 6.600 2.550 1.00 16.83 16.83
3 Dry Store 6.600 2.500 1.00 16.50 16.50
4 Male Toilet 3.500 1.200 1.00 4.20 4.20
5 Female Toilet 2.900 1.275 1.00 3.70 3.70
Female Toilet 2.300 1.200 1.00 2.76 2.76
6 Encassed RWDP 0.350 0.600 4.00 0.84 0.84
Encassed RWDP 0.700 1.100 2.00 1.54 1.54
(d) Internal Division
1 150mm Thick Brickwall 129.550 0.150 1.00 19.43 19.43
Sub-Total Ground Floor 348.91 75.24 80.71 19.43
Sub-Total Ground Floor - Say; 349.00 75.00 81.00 19.00

49
ELEMENTAL COST ANALYSIS
January – March 2018

CALCULATION OF GROSS FLOOR AREA (GFA)-Cont’d


‘Gross Floor Area: 915 m2
Item Description Lenght Width T/S Area Usable Circulation Ancillary Int. Division
L W LXW m2 m2 m2 m2
2 FIRST FLOOR
(a) Usable
1 Bilik Mesyuarat 6.525 3.350 1.00 21.86 21.86 11.43
2 Research File 2 2.525 3.500 1.00 8.84 8.84 9.08
3 Research Library & Lounge 2.525 8.025 1.00 20.26 20.26 9.08
4 Research Officer Room 2.400 3.075 5.00 36.90 36.90 15.88
Research Officer Room 2.400 8.075 1.00 36.90 36.90 33.30
5 Research Assistant Officer 3.650 3.075 5.00 56.12 56.12 -0.59
Research Assistant Officer 3.650 3.075 5.00 56.12 56.12 -0.41
6 Joint Facilities Area 4.175 6.075 1.00 18.07 18.07
7 Computer Server 3.525 2.500 1.00 10.44 10.44
Preparation Area 2.600 2.500 1.00 8.81 8.81
8 Research File 1 4.150 8.575 1.00 35.59 35.59
9 Bilik Perbincangan
(b) Circulation
1 Staircase 1 2.525 5.410 1.00 13.66 13.66
2 Staircase 2 5.700 2.500 1.00 14.25 14.25
(c) Ancillary
1 Utility 2.050 3.350 1.00 6.87 6.87
Utility 2.525 1.950 1.00 4.92 4.92
2 Female Toilet 2.525 2.575 1.00 6.50 6.50
3 Male Toilet 2.525 2.500 1.00 6.31 6.31
4 Air-Cond Area 2.525 2.500 1.00 6.31 6.31
5 Pantry 2.400 2.500 1.00 6.00 6.00
(d) Internal Division
1 150mm Thick Brickwall 84.360 0.150 1.00 12.65 12.65
75mm Thick Gypsum Board 49.950 0.075 1.00 3.75 3.75
Partition
Sub-Total First Floor 309.91 27.91 36.92 16.40
Sub-Total First Floor - Say; 310.00 28.00 37.00 16.00
Ground Floor 349.00 75.00 81.00 19.00
First Floor 310.00 28.00 37.00 16.00
Total 659.00 103.00 118.00 35.00
External Wall Area
i External Wall 693.00 1.00 693.00
ii External Doors 49.00 1.00 49.00
iii External Windows 151.00 1.00 151.00
Total 893.00

50
ELEMENTAL COST ANALYSIS
Vol.53 No.1 2018

External Doors
Description No L W Area
RS1 1 3.45 2.40 8.28
RS2 1 1.20 2.40 2.88
D1 4 1.20 2.40 11.52
D2 5 0.90 2.40 10.80
D4 2 0.75 2.40 3.60
D5 1 2.60 2.40 6.24
D12 1 1.20 2.40 2.88
D13 1 1.20 1.50 1.80
D14 1 0.75 1.50 1.13
Total 659.00 49.13
Internal Doors

D1 6 1.20 2.40 17.28


D2 11 0.90 2.40 23.76
D7 6 0.75 2.40 10.80
D8 3 4.65 2.40 33.48
D9 10 0.88 2.40 21.00
D10 1 1.73 2.40 4.14
D11 1 2.00 2.40 4.80
FD1 3 0.90 2.40 6.48
Total 121.74
Windows

W1 1 6.95 3.00 20.85


W2 3 6.40 1.50 28.80
W3 2 1.05 0.70 1.47
W4 3 0.85 2.25 5.74
W5 1 1.20 1.50 1.80
W6 1 4.85 1.50 7.28
W7 1 3.65 1.50 5.48
W8 3 0.60 0.60 1.08
W9 1 5.30 2.25 11.93
W10 3 0.50 3.18 4.76
W11 7 2.85 1.50 29.87
W12 2 2.74 1.50 8.21
W13 1 7.23 2.25 16.26
W14 5 2.40 0.60 7.20
W15 1 1.20 0.60 0.72
Total 151.43

Treated Air Conditioning Coverage (Tm3)


Description Area Height (Tm3)
1 Ground Floor 277.75 3.60 999.90
2 First Floor 274.18 3.15 863.68
3 Total - - 1,863.57

51
LIST OF NEW MEMBERS
January – March 2018

QUANTITY SURVEYING Sr Sumie Saryanti Binti Abd Suki Leo Malicay Moncada
Aziz, Azizi & Partners Sdn Bhd Vinci Construction Grands Projects
Fellow
Sr Dr. Norsiah Mohamad
Sr Syuibah Binti Mohamad Graduate
UiTM Shah Alam
Irama Duta Sdn Bhd Abul-Hai Bin Mohd Fadzullah
PI Brilliant Berhad
Sr Mohammad Fadhil Bin Mohammad
Sr Airul Faizal Bin Othman
UiTM Shah Alam
Caw Kerja Bgn Am, JKR Malaysia Afif Bin Shapiai
KAS Juruukur Bahan Sdn Bhd
Sr Syed Abdul Haris Syed Mustapa
Sr Azizah Binti Md Hussin
University Teknologi MARA, Perak
Jabatan Perdana Menteri Ahmad Syahmi Bin Ahmad Said
Politeknik Kota Bahru
Sr Richard Ooi Hoo Ong
Sr Che Mohd Abdillah Bin Abdullah
Northcroft Lim Perunding Sdn Bhd
ACQS Ahmad Taha Sabri Bin Mhd Tajuddin
ARH Jurukur Bahan Sdn Bhd
Sr Hoo Kim See
Sr Elaine Wong Siew Chyn
IJM Land Management Services
Ashghal (Qatar) Cho Kin Yew
WT Partnership
Member
Sr Gan Hock Leong
Sr Anisha Shazwani Bt Ahmad Anuar
Imperia Institute of Technology Goon Carry
Kementerian Pendidikan Malaysia
GKG Konsultant Kos
Sr Halimatun Sa’diah Binti Othman
Sr Hafizah Binti Haron
JKR Terengganu Kamaruddin Bin Che Abas
CKUB, JKR
QS Associates
Sr Ooi Poh Siang
Sr Hasanulfadlie Bin Che Md Ariffin
AS Gemilang Enteprise Sdn Bhd Karmiza Binti Ab Kadir
Design Cost Consultants
ARH Jurukur Bahan Sdn Bhd
Sr Mohd Arif Bin Muda
Sr Mohd Rizal Bin Salleh
Perunding Arif QS Lee Sui Sheng
Perunding DMA Sdn Bhd
JUB Padu
Sr Ong Chen Cheak
Sr Nasafian Bin Mohd Shariff
Perunding AT Sdn Bhd Mohamad Azizi Bin Razali
AR Jurukur Bahan Sdn Bhd
CIC-QS Services Sdn Bhd
Sr Ridzuan Bin Mohamed Radzi
Sr Nik Noor Diana Bt Mohd Noor
Pej. Pembangunan Persekutuan Neg. Perak Natalie Wong Yoong Vern
JKR Malaysia
CSL QS Consult
Sr Rosiyawati Binti Mostar
Sr Nor Hasiah Binti Ibrahim
JKR Malaysia Noorhayati Bt Mohd Noh
Caw. Kerja Keselamatan JKR
ARH Jurukur Bahan Sdn Bhd
Sr Siti Atasah Binti Johari
Sr Nor Hasni Binti Muhd Supian
Ranhill Bersekutu Sdn Bhd Nurul Najia Binti Mohd Nasir
JKR Malaysia
ARH Jurukur Bahan Sdn Bhd
Sr Suhairi Bin Ngah
Sr Pham Keeng Chek
Universiti Malaysia Pahang Pua Zhi Xun
PUBM Quanity Surveyors Brunei
Yong Dan Mohamad Faiz Sdn Bhd
Sr Wan Huzaimi Bin Wan Abdullah
Sr Samian Bin Johari
Kem. Kesihatan Malaysia Ross Saliha Safura Binti Hamzah
CKUB, JKR
Politeknik Kota Bahru
Sr Woo Kah Kheong
Sr Shakirah Binti Md. Zainuddin
DL QS Consult Sara Ruhaya Bt Abu Bakar
Bhg. Kesihatan CKUB, JKR
ARH Jurukur Bahan Sdn Bhd
Sr Zilawati Binti Yaakub
Sr Syahir Azfar Bin Mohd Noor
Sime Darby Property Berhad Sharifah Aminah Bt Ayob
JKR Malaysia
ARH Jurukur Bahan Sdn Bhd
Associate Member
Sr Wong Su Lee
Assoc. Prof. Dr. Ahmed Mohammed Siti Nasirah Binti Bahrudin
GLM Propercy Services
Kamarudin ARH Jurukur Bahan Sdn Bhd
University College of Technology Sarawak
Sr Zulkipeli Bin Yamat
Tan Choon Wong
JKR Malaysia
Eloisa Jorge Fulla SP Setia
Vinci Construction Grands Projects
Sr Mohd Khairul A’mri Bin Mohd Salleh
Tey Khai Theng
Irama Duta Sdn Bhd
Manibo Danilo Bueno IJM Constrcution Sdn Bhd
Vinci Construction Grands Projects

52
LIST OF NEW MEMBERS
Vol.53 No.1 2018

Woon Sian Chin Nik Shahirah Binti Nik Hisham Lim Jin Fen
Konsult MQS JUB Central Sdn Bhd Remajaya Sdn Bhd

Abd. Sukor Samba Bin Mohamed Nor’aifa Binti Nazaruddin Mohd Khairul Fitri Bin Othman
ARH Juruukur Bahan Sdn Bhd JUB Central Sdn Bhd Universiti Teknologi MARA (Sarawak)

Aliff Azize Bin Abdul Hadi Nor Azmi Bin Suhardi Natrah Binti Josip
ER Consult JUB Central Sdn Bhd Etika Hijau Sdn Bhd

Angeline A/P Petrus Norfasihah Binti Ibrahim Norhayati Binti Abdul Rahman
ER Consult Besraya (M) Sdn Bhd Tradewinds Facilicities Mgmt Sdn Bhd

Atikah Binti Ramly Nur Asyiqeen Binti Resdi Norizah Binti Ismail
Sri Medan Holding Sdn Bhd CIC-QS Services Sdn Bhd Kinabalu Setia Konsult Sdn Bhd

Chanthira A/P Sarangapany Nur Emajida Binti Alias Randy Belly


Veritas Contracts Sdn Bhd JUB Central Sdn Bhd Kinabalu Setia Konsult Sdn Bhd

Chen Ai Ling Pong Suk Teng Rosli Bin Zainon


Sri Medan Holding Sdn Bhd Sunway Integrated Properties Sdn Bhd CIDB Neg Pulau Pinang

Kamarul Arifin Bin Samion Rose Emilda Binti Roslan Rumilya Binti Shariman
Pesona Metro Sdn Bhd ARH Juruukur Bahan Sdn Bhd CIDB Neg. Pulau Pinang

Keh Siok Lian Siti Arijah Noor Bt Abdul Kader Siau Chiu Ting
ER Consult JUB Central Sdn Bhd Baharuddin Ali & Low Sdn Bhd

Kho Pek See Tan Juei Fung Sim Jin Jie


ER Consult KWK Consult Etika Hijau Sdn Bhd

Khoo Peck Lu Tan Wan Xuan Syamimi Liyana Binti Amat Rais
THS QS Consult Yong Dan Mohamad Faiz Sdn bhd Universiti Teknologi MARA (Sarawak)

Liew Ted Min Wong Chee Khan Terence Chong Yee Vui
QSP Consultants Sdn Bhd TRX City Sdn Bhd Perunding Kos KVC

Lim Siik Fang Carmen Phua Ye Ching Yip Chui Lian


KPK QS (Sarawak) Sdn Bhd Perunding Kos KVC ELP Quantity Surveyors (Sarawak) Sdn Bhd

Loo Jian Tern Dewi Noorain Binti Bolhassan Zurita Binti Abd Said
Q & C Juruukur Perunding Sarawak Energy Berhad Etika Hijau Sdn Bhd

Lu Lian Chiong Esther Tay Sze May Probationaer


Shangri-La Inter. Hotel Mgmt Ltd ELP Quantity Surveyors (Sarawak) Sdn Bhd Firdaus Bin Abd Latib
Supreme Pride Sdn Bhd
Mohd Helmi Bin Md Hashim Haslinda Binti Harun
Projek Lintasan Kota Holdings Sdn Bhd Kinabalu Setia Konsult Sdn Bhd Ida Zarina Bt Zainon Aznan
Johor Corporation
Mohd Khairul Hakimi Bin Khairul Anoar Hu Ting Yien
JUB Central Sdn Bhd KPK QS (Sarawak) Sdn Bhd Lim Chee Pin
Lendlease Projects (M) Sdn Bhd
Mohd Nasrun Bin Mohd Nasir Jaini Bin Kayapis
JUB Central Sdn Bhd Kinabalu Setia Konsult Sdn Bhd Lim Hai Loon
MMC Gamuda
Muhamad Afifi Bin Mohd Noor Lai Wei Hong
JBB Consultants Sdn Bhd Perunding SL Saladin Bin Kusaidi
Sacofa Sdn Bhd
Muhammad Syazwan Bin Mohd Zahari Lily Suraya Binti Hashim
ARH Juruukur Bahan Sdn Bhd Perunding Kos KVC Tan Shieh Fern
JUB Utara Sdn Bhd
Nadijamuhainie Binti Mahamad Lim Chai Xian
JUB Central Sdn Bhd ELP Quantity Surveyors (Sarawak) Sdn Bhd Wong Wee Hong
Charlton Martin Consutants

53
LIST OF NEW MEMBERS
January – March 2018

Hung Choy Kim Sr Yong Jin Chee Yap Zhi Qian


Palm Spring Development Sdn Bhd CBRE - WTW One Asia Property Consultants Sdn Bhd

Tan Mei Sian Probationer Yee Yen Tang


Unitech QS Consutlancy Sdn Bhd Aw Juey Fang Yeoh Eik Den
Meridin Properties Sdn Bhd Applicants Sdn Bhd
Teng Jiun Wah
Teh Kean Sai Sdn Berhad Beh Chor Yeow Student
IQI Realty Sdn Bhd Chan Yong Keong
Noor Azizi Bin Mohamat Chuang Gaik Kian
Fokus Tejitim Sdn Bhd Chung Ka Seng Mohd Alif Saifullah Bin Mohd Syukur
Titihaya Land Berhad Muhamad Zaimmuzamir Bin Nazri
Student
Choy Keng Fai Chu Wen Ling
Siti Nurezaty Binti Ahmad Crescendas Group Singapore GEOMATIC AND LAND SURVEYING

Member
Goh Ang Keong Sr Ahmad Roslan Bin Mohd Bakri
PROPERTY SURVEYING Repsol Oil & Gas Malaysia Limited Jurukur Setia Sdn Bhd
Member
Goh Qian Yen
Sr Abdullah Bin Shafil Sr Amir Hamzah Bin Othman
Gamuda Engineering Sdn Bhd
JPPH Batu Pahat Geomatika University College

Jeff Chai Ka Seng


Sr Farahiyah Binti Fadzil Sr Chin Swee Ching
School of Government UUM JUPEM, Perak
Jonathan Gurupatham a/l Cristhappa
Asia Pacific Realty
Sr Fauziah Binti Abdul Mutalib Sr Mohamad Fuad Bin Kahar
Majlis Perbandaran Kulim JUPEM, Selangor
Kee Yoke Yew
Fidelity Property Consultant Sdn Bhd
Sr Khairul Nizam Bin Othman Sr Mohd Fakhri Bin Abd. Rahim
UTM Syarikat Ukur Aman
Kwan Yee Wah
Great Casa Realty Sdn Bhd
Sr Mohamad Syakir Bin Daman Huri Sr Nor Illianna Ayuni Binti Shamsudin
Majlis Perbandaran Kulim JUPEM, Perak
Lee Ling Yan
SI Training Management Consultancy
Sr Mohamad Zuki Bin Salleh Sr Sabariah Binti Zahari
IPC Island Property Consultants Sdn Bhd Saujana Ukur
Lee Zhie Yuan
IQI Realty Sdn Bhd
Sr Muhammad Faiz Bin Mohd Damin Sr Syful Ekhzan Bin Jamulidin
Rahim & Co International Sdn Bhd JUPEM, Selangor
Liew Siau Juang
Bandar Utama Development Sdn Bhd
Sr Ong May Lee Sr Ahmad Khalil Bin Ruslan
Rahim & Co International Sdn Bhd INSTUN
Lim Yee Seng
Lum Cai Ying
Sr Padma Prian @ Padman a/l Maniam Sr Azman Bin Mazlam
Muhamad Afiq Zhafri Bin Samsiran
Dassault Systems Innovation Technology Politeknik Mukah, Sarawak
Malaysia Sdn Bhd
Muthaiya a/l Jayaseelan Sr Hamdan Bin Ab. Aziz
Benz & Carlton Sdn Bhd
Sr Penny Goh Pei Nei JUPEM
Astana Asas (M) Sdn Bhd
Nur Fairuz Binti Fauzi Sr Hazida Binti Hamzah
Tan Cheon Ming
Sr Shalehudin Bin Hashim JUPEM
Gather Properties Sdn Bhd
Majlis Bandaraya Pulau Pinang
Tham Chee Fai Sr Juzaila Binti Abd Satar
Seristana Sdn Bhd
Sr Shamsul Anuar Bin Shamsudin JUPEM
Firdaus Associates
Wong Poh Chen Sr Mohd Latif Bin Zainal
Dynasty Home Realty
Sr Shu Te Ying @ Zhu Ti Ying JUPEM
CBRE - WTW
Wong Seng Fatt Sr Muhamad Zamri Bin Husran
SLP Malaysia Sdn Bhd
Sr Uzaini Bin Abdul Rahim JUPEM
MN Associates (KL) Sdn Bhd
Wong Wee Lee Sr Muhammad Hazwan Bin Mohd Mazlan
Oriental Realty
Sr Wong Mei Ting Jurukur Teras
Rahim & Co International Sdn Bhd

54
LIST OF NEW MEMBERS
Vol.53 No.1 2018

Sr Nasarularifin Bin Kamarudin Nor Amani Fadzilah Binti Mohd Kamil Siti Nur Hasibah Binti Azlani
INSTUN Juruukur Dinar Ideaworks Resources Sdn Bhd

Sr Nik Mohd Fadhil Bin Nik Mohd Kamil Nur Nadiah Binti Abdul Sukor Tahrina Binti Taib
TNB Jurukur Suasa Sepakat DBKL

Sr Nisfariza Binti Mohd Noor Nurul Nadirah Binti Abdul Kadir Muhammad Zakireen Bin Yusof
Sr Nur Hidayu Binti Ishak Kbuilders Training and Consulting
Geomatic University College Student
Alif Izzuddin Bin Anuar Nadzirah Binti Ishak
Sr Shaiffulrizal Bin Zainordin Brenda Anak Antalai NTQT Sdn. Bhd.
Jurukur Nilam Cynthia Anak Sada
Darina Anak Jimbai Nik Azlan bin Nik Aman
Sr Shuib Bin Rambat Effie Defeney Binti Rozaino Heriot-watt University
UTM Farah Ilyana Binti Hairuddin
Intan Noor Aifatika Binti Norfildaos Azlan Bin Abdul Aziz
Sr Tan Tian Chaun Muhammad Faeezwan Bin Omar JKR Perak
Jurukur Khoo Muhammad Na’im Bin Ahmad Lotfi
Muizzuddin Bin Muhammad Mazlina Bt Harun
Sr Taufek Bin Kassim Nor Fatihah Hida Binti Jaharuddin Politeknik Mukah, Sarawak
INSTUN Nor Hanani Binti Sani
Nor Syafiqah Binti Mohamad Mohd Faeez Bin Zainal Ariff
Sr Tsalimy Bin Abdullah Nornadhirah Binti Zulkhafli Advance Construction Holding Bhd
JUPEM Nur Aina Izzati Binti Yacob
Nur Azyyati Husnina Binti Ahmad Muhamad Zaihafiz Bin Zainal Abidin
Sr Zaidatul Akmal Binti Zawani Nur Farhana Athirah Binti Zainudin Ikram Education
Geomatic University College Nur Hidayah Binti Abu Bakar
Nur Nadia Rasiqah Binti Zaini Muhammad Rabbani Bin Mohamed Nordin
Graduate Nur Nadia Syaznee Binti Mohd Zuki Sunway Construction
Azri Bin Mat Saad Nur Najiha Binti Abd Aziz
AZF Ukur Consult Nur Najma Binti Hamsein Nurizyan Syamimi Binti Mohd Asri
Nur Syaidatul Syuhada Binti Ahmad Zuki JKR Kuala Lumpur
Khor Kim Khim Nurshuhada Binti Rosman
PKNS Nurul Farhani Binti Hashim Nurul Haya Binti Ismail
Nurul Hasniati Binti Badrul Hisham Naza TTDI Sdn Bhd
Loke Wai Seang Nurul Intan Syahira Binti Abd Karim
Jurukur Perunding Nurul Najlaa Binti Husin Rizal Bin Shuib
Nurul Najwa Binti Mohtar JKR Perak
Mohd Farouk Bin Rustam Nurulshafatin Binti Mohd Sabree
Gamuda Berhad Perena Anak Chin Siti Rohani Binti Ishak
Putri Alya Binti Mohd Nasir JKR Penang
Muhammad Hazimin Bin Roslan Qistina Binti Abdullah
IGS Consultant Siti Farhana Binti Zamri Suriyati @ Marwati Binti Sulaiman
Siti Nur Nadiah Binti Sh Salleh UiTM Shah Alam
Rosmashaida Binti Mat Lazim Siti Nuratiqah Syahirah Binti Osman
Sarawak Ukur Consult Siti Nurazurin Binti Ngatheman Dr. Zulhabri Bin Ismail
Siti Zulaikha Binti Norizan UiTM Penang
Yong Zen Jiun Wan Nor Atikah Binti Wan Zainal Abidin
Perunding Ukur Tekun Zalila Fahira Binti Zabidin Probationer
Zulfadhli Ezani Bin Meezad Muhamad Yusof Bin Abdullah
Jurukur SII Sdn Bhd Universiti Tenaga Nasional
BUILDING SURVEYING
Firdaus Bin Chek Sulaiman Muhammad Nasrol Bin Jamal
Graduate
Global Detection Solution Sdn Bhd Lim Kok Wing University
Hakimal Khairin Bin Saman
DBKL
Badrul Hisham Bin Rahim Dr. Basharudin Bin Abdul Hadi
Jurukur Sentral UiTM Penang
Ismawijaya Zah Bin Mohamed Jais
DBKL
Hazirah Binti Mohd Wazir
Mohammad Haminuddin Bin Abdul Hadi Mohd Izwan Ismadi Bin Abdul Hadi
Muhamad Khairussani Bin Zainal Abidin DBKL
Teraju Ukur
Nor Azahar Bin Abdul Karim
Muhammad Alif Bin Amran DBKL
Jurukur Amran

55
Royal Institution of Surveyors Malaysia,
3rd Floor, Bangunan Juruukur, No. 64 & 66, Jalan 52/4, 46200 Petaling Jaya, Selangor, Malaysia
Tel: +603 7955 1773 Fax: +603 7955 0253 Email: editor@rism.org.my
eISSN 2232-1292

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