Holding consultants to account

The Sun 13/06/2006 By Goh Ban Lee

AS usual, the recent landslides and loss of four lives in Ulu Klang triggered a blame game. Besides the Ampang Jaya Municipal Council and God, land developers were identified as the main culprits.

There is no question that the local council failed in its responsibility as the approving authority of development projects.

The flogging of the council has been done and anything said here is superfluous.

God is, of course, not involved in any environmental disasters. But it is better to leave it to Him to deal with those who blaspheme His name.

Developers do play important roles in land development projects. However, their roles and responsibilities in landslides and destruction of the environment have been oversimplified and exaggerated.

As a result, calling for more rules to regulate their actions or imposing heavier penalties on them is counterproductive.

In Malaysia, as in most countries, the government does not trust land developers. As such, they are required by law to get prior permission from local councils, other government agencies and even corporatised bodies before a project can begin.

Furthermore, in the developers' dealings with the government, they are also required by law to use the services of professional consultants, such as architects, town planners and engineers. The consultants' roles and responsibilities in development projects have largely escaped public scrutiny.

For instance, before anything can be done on the land, including demolition of existing buildings, the law requires a developer to engage the services of a town planner to obtain a planning permission from the local council.

Among other things, the planner has to prepare a layout plan and a town planning report on the possible impact of the project.

The developers also have to engage the services of architects, land surveyors and engineers to prepare the necessary technical plans and submit them to relevant government departments for approval.

For instance, all projects need an earth-works plan prepared by civil engineers.

For development projects that are more than 50 hectares or in ecologically sensitive areas, the developers must engage the services of environmental consultants to prepare Environment Impact Assessments. Some projects even require the services of geo-scientists to prepare special plans and reports.

The roles of professional consultants in land development projects are, therefore, all encompassing. That is why, although anyone with ambition and a little capital can be a developer, the road to be a town planner, architect, environmental consultant or engineer is long and the candidate must meet prescribed qualifications.

As a general rule, all professional consultants must have 11 to 13 years of basic education before spending three to five years in university to get their bachelor degree. Many remain in university for a few more years to do postgraduate studies.

In all their years of study, especially in the universities, they are taught not only technical knowledge, but also values like responsibility, integrity, social justice, ethics and the fragility of the environment.

With the possible exception of the environmental consultants, they have to be members of professional institutes, such as the Malaysian Institute of Planners, Malaysian Institute of Architects, Malaysian Institute of Engineers and Malaysian Institute of Surveyors. All these institutes have codes of ethics for their members.

It is important to note that the government has accorded almost all the professional consultants legislated titles.

In other words, the professional status of town planners, architects and engineers, is regulated by Acts of Parliament Among other things, only those who are members of professional institutes are allowed to be in the lucrative consultancy markets.

Furthermore, most professional consultants have to obtain a yearly licence from their respective boards to practise.

For their knowledge and status as professionals, the consultants are richly rewarded.

In return it is not too much to expect them to provide a high, standard of services.

At the very least, they are expected to apply what they learnt, abide by all the rules and regulations, adhere to the ethics of their professional institutes and heed the wisdom of their professors.

They are expected to monitor the progress of their projects.

With landslides and loss of lives and the general deterioration of the urban environment, it is clear that many have failed in their responsibilities.

It is fair to punish developers who cause loss of lives and properties.

In this respect, their professional consultants should also be punished and indeed, more severely.

They are well-qualified. More importantly, they have convinced the government that their services are indispensable and be made mandatory by law.