| CFs before house delivery
08/03/1999 NST Editorial Voice
Buying a house, regardless of type, is perhaps the biggest
investment any consumer makes.
But sadly, in the case of some, buying a house often results
in horrifying experiences. These arise from poor finishes that require extensive
and expensive repairs; late delivery and in the case of some, non-delivery;
and delivery of houses without the certificate of fitness.
Without the CF, housebuyers cannot occupy the house. They
are left in the lurch, scampering from one official agency to another to obtain
that precious document.
Currently, the laws that govern the building and sale of
various types of houses do not make it mandatory for developers to obtain CFs.
Indeed it is not even a requirement for them to obtain various technical approvals
from the relevant agencies such as the water and electricity supplying bodies.
So, it is indeed a good move that the Government has thought
out the proposal to make property developers legally responsible to obtain approvals
from various technical agencies before applying for CFs from the local authorities.
But it is rather odd that the authorities are now only acting
on implementing this proposal. For according to what Minister of Housing and
Local Government Datuk Dr Ting Chew Peh said on Saturday, the ruling was initially
conceptualised way back in 1992. The ministry realised even then that many
developers failed to obtain clearances from various agencies such as the Waterworks
and Health departments and Tenaga Nasional Bhd before they submitted applications
for CFs to the local authorities.
Such clearances are necessary to certify that the units built
by developers met all structural, health and legal requirements. Only then could
the local authorities issue certificates that attest the dwellings were fit
for occupation
The ministry realised seven years ago that various lacunae
in the laws freed developers from the responsibility of obtaining these technical
clearances. The onus, in the past thus, was on the local authorities to check
if the developers fulfilled the requirements before the CFs were issued.
But like many, if not most, government agencies, the local
authorities do not have that much manpower to undertake such checks speedily.
The consequence was delays in the issue of CFs which meant the buyers suffered
for the simple reason they could not occupy the homes they have already paid
for.
Whatever the reasons for the delay in requiring developers
to obtain the technical approvals, it is good that the ministry is finally putting
the finishing touches to amendments to the Uniform Building By-Laws 1984. We
hope that the changes would be gazetted into law sooner rather than later.
We also welcome Ting's proposal to check if technical departments
are the cause of the delays in the issue of CFs. The Housing and Local Government
Minister must use all his clout to act if it is discovered that these departments
take their own long time to inspect the dwellings.
All these initiatives are applauded. But we would like the
ministry to go one step further. It should make changes to the sale and purchase
agreement. It should include clauses in the S&P document that make developers
legally bound to obtain the CFs before they hand over the keys of the housing
units. The S&P agreement is the only legal paper buyers have to enforce developers
to make whatever financial restitution they deserve if the houses are not delivered
in time and certified fit for dwelling.
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