DAVIDYEK - Critics

PRACTICE FORUM - COMPARTMENT FLOORS

11/17/2016

1984 UBBL

Clause 137 : Compartment Floor

In any building which exceeds 30 metres in height, any floor which is more than 9 metres above ground floor level which separates one storey from another storey, other than a floor which is either within a maisonette or a mezzanine floor shall be constructed as a compartment floor.

2012 UBBL

Clause 137 : Compartment Floor

(1) In any building not exceeding 30 metres in height, any floor which is more than 9 metres above ground floor level which separates one storey from another storey, other than a floor which is either within a maisonette or a mezzanine floor shall be constructed as a compartment
floor.

(2) In any building exceeding 30 metres in height, all floors shall be constructed as compartment floors, other than a compartment which is within a residential maisonette which may comprise two storey levels.

2012 UBBL 252A Atriums in buildings

1. Minimum dimensions: 6m and 95m2
2. Exits separated from atrium
3. 1 hour FRP separation
4. Automatic sprinklers
5. Smoke control/exhaust system

A Very Good Point!

1/29/2015

WTF! WHO GRAB MY BUDU

Disclaimers: This is absolutely fictitious. If you believe it is true, you must be insane. But if you think it is relevant, please like and share :-)

Yeh, borrowing from the phrase who stole my cheese, but being Malaysian we preferred our Budu more then cheese. Yet, coming from the mouth piece of the architect, it is rather strange? Why am I saying this? Well, architect is in fact a very obscure profession that some may even misunderstood as synonymous to being the oldest profession on earth, yeh I quote Phillip Johnson the patriarch of American Modernist Architect,

"what's wrong if I am a whore?"

Strangely, have you ever reckoned such holistic profession has its own guild? Well, call it professionals. Well, WTF is this?

Being professionals mean you must undergo a lengthy duration of training and must be acknowledged by your peers to have at least gain sufficient skills in discharging your services to the public in return for a descent fee only to be paid by your client and nobody else. Here is the irony, as most corporate client assumed that architect does not need to pay its bill because idea is only value upon the ink and paper it is drawn. So, the most noble thing the professional guild has done is to pass an act in parliament to protect such fee and they proudly proclaimed it as the scale of minimum fee. Ironically, today as it stands, it is the maximum fee. I had the experience of client suing me for charging him beyond the minimum fee rule!

Okay, if that looks normal, the guild made it a point to drill upon young architect wannabe, how important it is to uphold the sanctity of the fee and you break the cardinal rule if you try to undercut your fee to gain commission. Ironically, it is the "oldies" and the "big boys" are doing the same in all forms and manners that is legally allowed. Yeh, I will tell you how that can be done but it is not the subject of this article. Some good souls who believed in this system, made their living better of not being an architect. Even in the market, was told the past president of the guild actually committing the sins when he swapped his T Square for the developer's hat. That is reality!

The guild realized such a problem but non has the "ball" to correct the situation as the office bearers are much keen on their very own status quo such as traveling business class in the expanse of the member's funds short of saying the opportunity to lobby for ex-gratia illegitimate sponsorships from suppliers and contractors a liked. See how many of these office bearer having their very own name-card being printed with who's who in the guild's line up? Perhaps it is also an express means to receive your very own Datukship, who knows?

The beauty of such doesn't really stop there. Our more advanced neighbor Singapore has always been the preferred location for international firm to set up their regional office. Even the the Singapore Big 5 has already landed on our shore not as illegitimate Design Firms but legitimate architectural practices spearheaded by the local architects. The guild is not very happy about it but what the F they can do beside dishing it out as an examination question for architect wannabe for a solution? Obviously, the big boys also marketed themselves as local counterpart for these international firms to lobby big project. Wallas! One fine day they also found themselves to be in oblivion when these international firms preferred "in-house" as compared to "out-sourcing" and the government is encouraging it through open competition!

Now the guild's "ball" is really being squeezed hard, almost explode! Yet the office bearer of such guild continues with their merry making and yet has the F face to ask a solution from its member? Especially so it's younger members of what their aspirations are with the onslaught of foreign architect on our land? WTF is the guild is thinking? They can't even resolve our Budu being taken away by another allied profession called town planner. They also cannot do away with the profession being the agent of GST for nothing in return. We can't even collect our mediocre fee in full and yet we are collecting GST on behaves of the government! Irony, irony....

Such forum, as far as a personal opinion is concerned remained another "wayang" or show to at least say, they have done something for the profession. The reason is simple, nobody is going to be heroic enough to guarantee a solution. The office bearer comes and go, there will still be continuous merry making and jet setting with knighthood and commission exchanges, it really doesn't matter if the even larger then reality "big boys" are already here. Wake up gentlemen! You cannot change them, joint them, eh?

TRADITIONAL CHINESE ARCHITECTURE MODULAR HOUSE

1/14/2015

The Chinese courtyard house is also known as the SiHeYuan house 四合院 or the combination of four courts, forming a center plaza. A basic SiHeYuan house is considered a module capable to be duplicated and expanded when desired. There are many rules governing the design of the SiHeYuan house. These rules are based on the principles of FengShui.

There are basically 3 sections of a single module.

Main Gate and the worker's quarters
The House proper
The Kitchen and back of house

The frontal portion comprises of the "Main Gate" and a terrace of worker's quarters to the left of the "Main Gate" and the horseman station to the left. Many people assumed that the "Main Gate" as the Main Door but this is not the case. The inhabitant takes the street as public spaces and high walls are desirous to conceal the private spaces within. So the worker's quarters, horseman station and the main gates are barricading the street front. The main gate is always located to the right side, looking from the street. It is in the location of Xun  巽 within the Green Dragon Embrace 青龍.

The Center Portion is the house proper. Aligned to the center is the Main Door. This Main Door opens up to a huge center court. Only VIP and family members can come in from the Main Door to the house proper. Only males can be seen walking pass the center court. Females are not allowed to use the center court. They can only pass through the terraces that link to the western wing also known as the White Tiger Embrace 白虎. Only on special occasions like festivity, marriages and ushering newborns, females are allowed to be seen in the center court.

The western wing is the living abode for the females. The opposite is called the eastern wing also known as the Green Dragon Embrace 青龍. The eastern wing is the living abode for the males. Contrary to FengShui principles that the Green Dragon Embrace 青龍 must be higher than  White Tiger Embrace 白虎, the female quarters are higher than the male quarters for practical reason - allowing the female to see and not to be seen from the ground level.

Aligned to the center and opposite of the Main Door, sitting north facing south is the Main Living Hall where official receptions are held. There is no TV room but a large hall comprising of rows of seat with the main feature wall usually heavily decorated with altar and calligraphy. The master room is usually located to the back of the Living Hall. Usually the owner will plant 2 trees at the front of the living hall within the compound of the center court. Whenever the tree wither, it signify bad omens. If it is on the left, it affects the male descendants otherwise if it is on the right, it affects the female descendants.

The last portion of the house comprising the kitchen, toilets and the back of house. It is detached away from the house proper through a court of utilitarian in nature. There is also a back door only serves as the entrance for the female members of the family and as the only mean to allow the disposal of "night soil" or sewer.

Every sections of the SiHeYuan is comprising a number of buildings complete with its 4 walls and a roof above. So technically SiHeYuan is a compound with many individual houses. The courts are open to sunshine and rain water. There is a complete water reticulation system within the SiHeYuan where waters are designed to flow according to a certain direction in accordance to the FengShui principle. Nothing is rarely left for chances.

When the family grows, the extended family require extended place to live. The same module was duplicated to the back, again with a second center court complete with its own left and right wing living quarters with its secondary main hall, yet the secondary module also share the same kitchen.

As the family prosper, they may require their very own Chinese garden. They will not turn their main court into a Chinese garden and instead, they will purchase the neighboring lot and be expended into a standalone Chinese garden with internal access ways. So, technically the SiHeYuan remains intact and whatsoever add-ons are a matter of "plug and play".

PRACTICE FORUM - HDB (SGP) NEW BREED OF ECO TOWN

12/17/2014

PAM informed that, "Please be informed that copies of slides presentation by all speakers are available for download at PAM Website (except Mr. Patrick Lee, as the speaker requested the slides to be used for presentation only, not for publication)", it is rather strange for a establishment of international stature to do that. Wonder what is so secretive about it that it cannot be issued as handouts? Probably Singapore do not want Malaysia to know their key success ingredient?

Reflecting on the presentation by Patrick, the one that really caught my attention was the schematic for Eco Cities that appeared to be in a grid and are ready to be superimposed into any configuration by adjusting the edges. Each of the "box" can be multiplied and connected with a MRT or LRT line. Here are the reproductions of the schematic: -

THE GRID IRON

It starts from a Grid of 9 boxes superimposed into the land. Assuming the river passed through from high to low, you have a topography map. These potential ponds are recreational pockets of urban park. From here Urban Designer understood which box should have water features, STP and which box should be the administrative center.

THE PATH AND ITS DISTRICT (NEIGHBORHOOD)

Each square Box defines the edge of the path and it is the Solid Building Footprint demarcating the boundary of a "district". So, there are 9 districts connected by the paths. The rivers are diverted to urban park as rain water retention ponds. These are the recreational nodes for the districts. The center of each district is left open.

THE GREEN LUNG AND ITS FIGUREGROUND

Each of the district has its neighborhood center acting as a nucleus where community center, market, public spaces are centralized. It becomes self-contained. Green Lungs are surrounding the edge of the paths and the figure ground generating a sense of a city in a garden.

THE BELLS AND THE JINGGLES

With the figureground, nodes and paths, green lungs readily configured, it is time to determine its Plot Ratio. Most tower blocks will be oriented to the North-South axis to avoid the Sun Glare. This generates the Urban Profile. The District Center (colored Red) are linked together creating a network. The center district remained as the administrative block for this precinct.

The result of such strategy will give you a Garden City or Eco City with its positive urban spaces enclosed, well defined and integrated networks of roads, rails and connectivity. It also conforms to the principle of Classical FengShui, a subject I will discuss in another time.

PRACTICE FORUM - Stage Completion Certification under HDA

12/16/2014

Presented by Ar. Ezumi Harzani Ismail (pics credit).

Act 118 - Housing Development Act 1966

An Act to provide for the control and licensing of the business of housing development in Peninsular Malaysia, the protection of the interest of purchasers and for matters connected therewith.

What is ‘Housing Development’? Act 118 : Section 3. Interpretation.

In this Act, unless the context otherwise requires— “housing development” means to develop or construct or cause to be constructed in any manner whatsoever more than four units of housing accommodation and includes the collection of moneys or the carrying on of any building operations for the purpose of erecting housing accommodation in, on, over or under any land; or the sale of more than four lots of land or building lots with the view of constructing more than four units of housing accommodation;

“housing accommodation” includes any building, tenement or message which is wholly or principally constructed, adapted or intended for human habitation or partly for human habitation and partly for business premises and such other type of accommodation as may be prescribed by the Minister from time to time to be a housing accommodation pursuant to section 3A;

Note: Message - term used in law that carries meaning of dwelling house.

Standard Sale and Purchase Agreement

HOUSING DEVELOPMENT (CONTROL AND LICENSING) REGULATIONS 1989

Sub-regulation 11. Contract of sale.

(1) Every contract of sale for the sale and purchase of a housing accommodation together with the subdivisional portion of land appurtenant thereto shall be in the form prescribed in Schedule G and where the contract of sale is for the sale and purchase of a housing accommodation in a subdivided building, it shall be in the form prescribed in Schedule H.

Schedule G: SALE AND PURCHASE AGREEMENT (LAND AND BUILDING)

Schedule H: SALE AND PURCHASE AGREEMENT (BUILDING OR LAND INTENDED FOR SUBDIVISION INTO PARCELS)

Schedule G: SALE AND PURCHASE AGREEMENT (LAND AND BUILDING)

Clause 4. Schedule of Payments

(1) The purchase price shall be paid by the Purchaser to the Vendor by installment and at the time and in the manner as prescribed in the Third Schedule. The Vendor is not bound to commence or complete the works in the order referred to in Third Schedule and the Purchaser shall pay the installments according to the stage of works completed by the Vendor…

(2) Every notice referred to in the Third Schedule requesting for payment shall be supported by a certificate signed by the Developer's Architect or engineer in charge of the housing development and every such certificate so signed shall be proof of the fact that the works therein referred to have been completed.

THIRD SCHEDULE: G

1. Immediately upon the signing of this Agreement 10%

2. Within twenty-one (21) working days after receipt by the Purchaser of the Vendor's written notice of the completion of:-

(a) the foundation of the said Building 10%

(b) the structural framework of the said Building 15%

(c) the walls of the said Building with door and window frames placed in position 10%

(d) the roofing, electrical wiring, plumbing (without fittings), gas piping (if any) and internal telephone trunking and cabling to the said Building 10%

(e) the internal and external finishes of the said Building including the wall finishes 10%

(f) the sewerage works serving the said Building 5%

(g) the drains serving the said Building 5%

(h) the roads serving the said Building 5%

3. On the date the Purchaser takes vacant possession of the said Building, with water and electricity supply ready for connection 12.5%

4. On the date the Purchaser takes vacant possession of the said Building as in item 3 2.5
as follows: -

(a) where separate document of title to the said Lot has been issued and the Proprietor/Vendor has executed and delivered to the Purchaser….

(b) where separate document of title to the said Lot has not yet been issued, to be held by the Vendor’s solicitors as stakeholder for payment to the Vendor within twenty-one (21) working days…

5. On the date the Purchaser takes vacant possession of the said Building as in 5 item 3 and to be held by the Vendor's solicitor as stakeholder for payment to the Vendor as follows:

(a) two point five percentum (2.5%) at the expiry of eight (8) months after the date the Purchaser takes vacant possession of the said Property;

(b) two point five percentum (2.5%) at the expiry of twenty-four (24) months after the date the Purchaser takes vacant possession of the said Building.

TOTAL 100%

THIRD SCHEDULE: H

1. Immediately upon the signing of this Agreement 10%

2. Within twenty-one (21) working days after receipt by the Purchaser of the Vendor's written notice of the completion of:-

(a) the work below ground level of the said Building comprising the said Parcel including foundation of the said Building 10%
(b) the structural framework of the said Parcel 15%

(c) the walls of the said Parcel with door and window frames placed in position 10%

(d) the roofing, electrical wiring, plumbing (without fittings), gas piping (if any) and internal telephone trunking and cabling to the said Parcel 10%

(e) the internal and external finishes of the said Parcel including the wall finishes 10%

(f) the sewerage works serving the said Building 5%

(g) the drains serving the said Building 5%

(h) the roads serving the said Building 5%

3. On the date the Purchaser takes vacant possession of the said Parcel, with water and electricity supply ready for connection 12.5%

4. On the date the Purchaser takes vacant possession of the said Parcel as in item 3 2.5 and to held by the Vendor’s solicitors as stakeholder for payment to Vendor within 21 working days after the receipt by the Purchaser of the written confirmation of the Proprietor/Vendor’s submission to appropriate authority of the application for subdivision of the said Building or Land, as the case maybe

5. On the date the Purchaser takes vacant possession of the said Parcel as in 5 item 3 and to be held by the Vendor's solicitor as stakeholder for payment to the Vendor as follows:

(a) two point five percentum (2.5%) at the expiry of eight (8) months after the date the Purchaser takes vacant possession of the said Property;

(b) two point five percentum (2.5%) at the expiry of twenty-four (24) months after the date the Purchaser takes vacant possession of the said Building.

TOTAL 100 %

LAM CERTIFYING GUIDELINES

SCHEDULE G

LAM Guidelines on Certification of:

2. (a) the foundation of the said Building - (10%)

Required to be Completed for Certification
 All foundation works below the lowest floor level
 Pilings and pilecaps (if any)
 Raft slabs (if any)
 Footings (if any)
 Stumps (if any)

Not Required to be Completed for Certification
 Retaining wall if it is not part of the foundation
 Backfilling
 Lowest floor slab if it is not part of the foundation
 Ground beams
 Services

SCHEDULE H

LAM Guidelines on Certification of:

2. (a) the work below ground level of the said Building comprising the said Parcel including foundation of the said Building - (10%)

Required to be Completed for Certification
 All foundation works below the lowest floor level
 Pilings and pilecaps (if any)
 Raft slabs (if any)
 Footings (if any)
 Stumps (if any)
where applicable of the said building comprising the said Parcel.

Not Required to be Completed for Certification
 Retaining wall if it is not part of the foundation
 Backfilling
 Lowest floor slab if it is not part of the foundation
 Ground beams
 Services

2. (b) the structural framework of the said Building - (15%)

Required to be Completed for Certification
 All primary structural elements above lowest floor level including:
- Beams
- Columns
- Suspended Slabs
- Roof beams
- Structural walls (if any)

 Retaining walls forming part of the structural element to the Building (if any)
Note: Architect to wait until the said form works are removed to visually ensure that there are no major honeycomb/defects on the structure before certification.

Not Required to be Completed for Certification
 Non-structural ground floor slabs with or without BRC
 Wall stiffeners and lintols
 Non structural or supporting R.C. works e.g. hoods, aprons, gutters, parapet
 Staircase
 R.C. walls (that do not form part of the structural framework)

2. (b) the structural framework of the said Parcel - (15%)

Required to be Completed for Certification
 All primary structural elements above lowest floor level including:
- Beams,
Columns,
Suspended Slabs,
Roof beams,
Structural walls (if any)
where applicable of the said Parcel.

 Retaining walls forming part of the structural element to the Parcel (if any)
Note: Architect to wait until the side formworks are removed to visually ensure that there are no major honeycomb/defects on the structure before certification.

Not Required to be Completed for Certification
 Non-structural ground floor slabs with or without BRC
 Wall stiffeners and lintols
 Non structural or supporting R.C. works e.g. hoods, aprons, gutters, parapet
 Staircase including that in the common area
 R.C. walls (that do not form part of the structural framework)

2. (c) the walls of the said Building with door and window frames placed in position - (10%)

Required to be Completed for Certification
 All non structural walls
 All party walls inclusive of wall stiffeners
 Timber door and window frames where there are no subframes
 All frameworks for dry partitioning excluding lining of partition

Note: Architect to ensure that all openings are properly formed to receive the metal frames and completed with lintols (where applicable) before this is certified.

Not Required to be Completed for Certification
 Metal frames
 Installation of door leaves, window (fixed or openable) or louvres
 Parapet walls, boundary walls and fence walls
 Closing up of temporary openings left in walls for construction purposes
 Timber door and window frames where sub-frames are provided

Note: For non conventional framework, the developer should refer to the Ministry of Housing and Local Government for modification [Refer to Clause 11(3) of the Housing Development (Control and Licensing) Regulations 1989].

2. (c) the walls of the said Parcel with door and window frames placed in position - (10%)

Required to be Completed for Certification
 All non structural walls
 All party walls inclusive of wall stiffeners
 Timber door and window frames where there are no subframes
 All frameworks for dry partitioning excluding lining of partition

Note: Architect to ensure that all openings are properly formed to receive the metal frames and completed with lintols (where applicable) before this is certified.

Not Required to be Completed for Certification
 Metal frames
 Installation of door leaves, window (fixed or openable) or louvres
 Parapet walls, boundary walls and fence walls
 Closing up of temporary openings left in walls for construction purposes
 Timber door and window frames where sub-frames are provided

Note: For non conventional framework, the developer should refer to the Ministry of Housing and Local Government for modification [Refer to Clause 11(3) of the Housing Development (Control and Licensing)
Regulations 1989].

2. (d) the roofing, electrical wiring, plumbing (without fittings), gas piping (if any) and internal telephone trunking and cabling to the said Building - (10%)

Required to be Completed for Certification
 Roof framings, roof coverings and flashing including car porches
 All gas pipings (if any)
 All internal telephone trunkings and cablings
 All electrical wirings
 All water pipings including bends and joints
 All sanitary pipings including bends, joints and traps

Not Required to be Completed for Certification
 Ceiling boards or panels
 Switch boxes, socket outlets, switches and electrical fixtures and fittings (if any)
 Sanitary fittings including sinks, taps, basins, bathtubs and shower heads
 Hot water heaters
 Water tanks
 Rain water downpipes and gutters (if any)
 Window hoods

2. (d) the roofing, electrical wiring, plumbing (without fittings), gas piping (if any)
and internal telephone trunking and cabling to the said Parcel - (10%)

Required to be Completed for Certification
 Roof framings, roof coverings and flashing including car porches
 All gas pipings (if any)
 All internal telephone trunkings and cablings
 All electrical wirings
 All water pipings including bends and joints
 All sanitary pipings including bends, joints and traps

Not Required to be Completed for Certification
 Ceiling boards or panels
 Switch boxes, socket outlets, switches and electrical fixtures and fittings (if any)
 Sanitary fittings including sinks, taps, basins, bathtubs and shower heads
 Hot water heaters
 Water tanks
 Rain water downpipes and gutters (if any)
 Window hoods

2. (e) the internal and external finishes of the said Building including the wall finishes - (10%)

Required to be Completed for Certification
 All plastering or skim coatings where specified to all wall soffits of suspended slabs (if any), beams and columns
 Wall tiles and other wall finishes (if any)
 All linings/boards/panels to framed partitions and/or ceiling (if any)
 Floor screedings and/or other floor finishes
 Painting to internal and external walls, floors and ceilings (if any)

Not Required to be Completed for Certification
 Closing up of temporary openings for construction purposes
 Door and window panels

2. (e) the internal and external finishes of the said Parcel including the wall finishes - (10%)

Required to be Completed for Certification
 All plastering or skim coatings where specified to all wall soffits of suspended slabs (if any), beams and columns
 Wall tiles and other wall finishes (if any)
 All linings/boards/panels to framed partitions and/or ceiling (if any)
 Floor screedings and/or other floor finishes
 Painting to internal and external walls, floors and ceilings (if any)

Not Required to be Completed for Certification
 Closing up of temporary openings for construction purposes
 Door and window panels

2. (f) the sewerage works serving the said Building - (5%)

Required to be Completed for Certification
 Sewerage works including manholes from the Building connected to a completed sewerage treatment system (The treatment system may be permanent or temporary as approved by the relevant authority)

Not Required to be Completed for Certification
 Testing and commissioning water and electricity connection

2. (f) the sewerage works serving the said Building - (5%)

Required to be Completed for Certification
 Sewerage works including manholes from the Building connected to a completed sewerage treatment system (The treatment system may be permanent or temporary as approved by the relevant authority)

Not Required to be Completed for Certification
 Testing and commissioning water and electricity connection

2. (g) the drains serving the said Building - (5%)

Required to be Completed for Certification
 Drains and main drains connected to the outfall (The alignment of the drains and the outfall may be permanent or temporary as approved by the local authority)

Not Required to be Completed for Certification
 Metal gratings and covers over drains

2. (g) the drains serving the said Building - (5%)

Required to be Completed for Certification
 Drains and main drains connected to the outfall (The alignment of the drains and the outfall may be permanent or temporary as approved by the local authority)

Not Required to be Completed for Certification
 Metal gratings and covers over drains

2. (h) the roads serving the said Building - (5%)

Required to be Completed for Certification
 Paved road leading to the Building from an existing road. The alignment of the road may be a permanent or temporary access approved by the local authority.

 Permanent roads around the Building

 Entrance culvert serving the Building
 Kerbs (if any)

Not Required to be Completed for Certification
 Footpaths and roadside tables
 Final wearing course to pre-mixed roads
 Road markings and signages

2. (h) the roads serving the said Building - (5%)

Required to be Completed for Certification
 Paved road leading to the Building containing the said Parcel from an existing road. The alignment of the road may be a permanent or temporary access approved by the local authority.
 Permanent roads around the Building containing the said Parcel
 Entrance culvert serving the Building
 Kerbs (if any)

Not Required to be Completed for Certification
 Footpaths and roadside tables
 Final wearing course to pre-mixed roads
 Road markings and signages

3. On the date the Purchaser takes vacant possession of the said Building, with water and electricity supply ready for connection – (12.5%)

Required to be Completed for Certification
 All other works inclusive but not limited to all items not completed in Stage 2(a) to 2(h).
 External works including fencings, gates and turfing (if any)
 Electrical wirings, water and sanitary piping services completed and ready to receive supply

 Water and electricity supply available and ready for connection for tapping into the said building
 The TNB sub-station should be energised or alternative electricity supply by TNB is provided.
 All external electrical cablings from sub-station to the unit must be completed with supply.
 Sewerage treatment plant is operational
 Water reservoir (if applicable) is operational
 Closing up of temporary openings for construction purposes.

Not Required to be Completed for Certification
 Electrical, water, sanitary and other loose fittings and fixtures (consent /undertaking letter required).
 Minor defects
 Electrical and water meters

3. On the date the Purchaser takes vacant possession of the said Parcel, with water and electricity supply ready for connection – (12.5%)

Required to be Completed for Certification
 All other works inclusive but not limited to all items not completed in Stage 2(a) to 2(h).
 External works including fencings, gates and turfing (if any)
 Electrical wirings, water and sanitary piping services completed and ready to receive supply
 Water and electricity supply available and ready for connection for tapping into the said
Parcel
 The TNB sub-station should be energised or alternative electricity supply by TNB is
provided.
 All external electrical cablings from sub-station to the unit must be completed with supply.
 Sewerage treatment plant is operational
 Water reservoir (if applicable) is operational
 Closing up of temporary openings for construction purposes.

Not Required to be Completed for Certification
 Electrical, water, sanitary and other loose fittings and fixtures (consent /undertaking letter required).
 Minor defects
 Electrical and water meters

Rules on Certifications

Certificate of Completion and Compliance
Act 118 : Section 3.
Interpretation. In this Act, unless the context otherwise requires--

“certificate of completion and compliance” means the certificate of completion and compliance given or granted under the Street, Drainage and Building Act 1974 [Act 133] and any by-laws made under that Act certifying that the housing accommodation has been completed and is safe and fit for occupation but does not include partial certificate of completion and compliance;

Certification for Release of Money
Act 118 : Section 22E.
Release of moneys by a stakeholder.

(1) Any stakeholder who releases any money to a housing developer or to any other person knowing that such an act is contrary to the provisions of the sale and purchase agreement shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Any person who knowingly and wilfully aids, abets, counsels, procures or commands the commission of an offence against subsection (1) shall be liable to be punished with the punishment provided for the offence.

Certification for Progress Payment
Act 118 : Section 22F.
Progress certification.

(1) Any architect or engineer, as the case may be, who issues a progress certification knowing that the works therein referred to have not been completed in accordance with the provisions of the sale and purchase agreement shall be guilty of an offence and shall, on conviction, be liable to a fine which shall not be less than ten thousand ringgit but which shall not exceed one hundred thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) Any person who knowingly and willfully aids, abets, counsels, procures or commands the commission of an offence under subsection (1) shall be liable to be punished with the punishment provided for the offence.

PRACTICE FORUM - (REV) SAFETY PROVISIONS UBBL (SEL)

12/16/2014

Presented by Ar. Chong LeeSiong (pics credit) on the proposed amendment to UBBL (Selangor) 2014, the proceedings centralized on the followings:

Purpose Group
Open Structures and Corridors
Fire Appliance Access
Travel Distances
Single Staircase

PURPOSE GROUP

Amended to give a wider spectrum of inclusion as specified above to include modern typology of purpose group liked Hotels, Hospitals and Shopping complexes.

Open Structures and corridors

“Openings” is to be opened to outside, unenclosed space or permitted air wells. Any individual opening having a surface area less than 600mmsq or area width of opening is less than 25mm is not to be regarded as an opening for this purpose.

Total surface area of openings is to be no less than 40% of the total perimeter wall area enclosing the floor or compartment.
The opening is to be shaped and located in such a way that total length in plan of the opening(s) is to be no less than 50% of the perimeter of the floor or compartment.

OPEN CORRIDOR

“Openings” is to be opened to outside, unenclosed space or permitted air wells. Any individual opening having a surface area less than 600mmsq or area width of opening is less than 25mm is not to be regarded as an opening for this purpose.

Total surface area of opening(s) is to be no less than 25% of the total perimeter wall area enclosing the balcony (corridor).
The opening(s) is to be shaped and located in such a way that total length in plan of the opening(s) is to be no less than 50% of the perimeter of the floor or compartment.

IMPLICATION TO FIRE APPLIANCES PROVISION

FIRE APPLIANCE ACCESS UBBL 140

ACCESS WAY
An area for the entry, maneuvering and parking of Fire Appliances during fire fighting and rescue operations.

ACCESS ROAD
A road capable of accommodating the passage of Fire Appliances to enter an Access Way.

ACCESS OPENINGS
Doorways or openings that allows fast and safe entry of Fire Fighting and Rescue personnel into a building during fire fighting and rescue operations.

UNDERSTANDING THE APPLIANCES

WHAT THE FIRE ENGINE DOES WITH THE APPLIANCES

DEFINITIONS...

Critiques: It is very naive to think that it is economically viable to locate all the Appliances within the level of ground floor where the rental rates are the highest! Alternatively, is to locate all the appliances on basement 1 (allowable) and having the Breeching outlet to rise up to ground floor and be accessible from the road level.

EXITS and TRAVEL DISTANCE

What is meant by:

Final exit
‘Alternative exits’
Storey exit
Horizontal exit
Exit route

Critique: Final Exit may not necessary be Fire Rated Door as it exits to the Open Spaces.

Critique: Note that the provision for running distance has been increased but the Occupancy Load has been decreased.

SINGLE STAIRCASE PROVISION

Critique: Selangor only allows Residential unit above and Shop below to fall under this provision with the max storeys of 2. Shop office shall not fall under this provision and required 2 escape staircases.

WHAT DO YOU WANT ?

12/1/2014

“Maslow's hierarchy of needs is a theory in psychology proposed by Abraham Maslow in his 1943 paper "A Theory of Human Motivation" in Psychological Review. Maslow subsequently extended the idea to include his observations of humans' innate curiosity. His theories parallel many other theories of human developmental psychology, some of which focus on describing the stages of growth in humans. Maslow used the terms "physiological", "safety", "belongingness" and "love", "esteem", "self-actualization" and "self-transcendence" to describe the pattern that human motivations generally move through.”, - Wikipedia.

What do you want? This is one “bloody” honest question one must answer. Maslow said if you are damn poor, you only one to be fed but when you are damn successful, you want to be “self-actualization”. Meaning, your wants change according to time. You must have a reasonable want that you may think you can achieve within your means. You cannot possible have wants that is beyond your means. List out this wants in a list.

What do you don’t want? If you cannot list your wants, at least list what you do not want. It is much simpler and it is the boundary that you do not wish to cross. By completing this task, you will be able to know for sure of what you want…

I don’t know what I don’t want? This is drastic. If you don’t know what you don’t want or by the same token don’t know what you want, just stay put with what you are doing right now, currently and vow to do it better. That is the minimum consciousness you need to have.

These wants when it is structured, organized and listed or itemized form the basis of needs. The architect calls it as the Client’s Brief. It is therefore the very intention of any model of production. It is a component of the trilogy of Intention – Action – Production.

THE 1MDB PRODUCTION MODEL

11/17/2014

Bolehland delirium has reached a record high with the revelation of opposition’s 1MDB Scam and there may be wisdoms in the following events: -

The 4 years old 1MDB had since, in debt snowballed to RM36 billion, as informed. It is believed that initially 1MDB had invested in PetroSaudi in cash of approximately RM3.3 billion with the Terengganu Oil Royalty monies. The deal was cut short with 1MDB withdrawal after a series of expose and converted its RM3.3 billion equity plus the RM 4 billion of debt with the staggering interest rate of 8.75%. It was said that they moved the funds and invested about RM7.2 billion into an undisclosed fund manager in Cayman Island, a heaven for money laundering and thereafter it has entered into a “black hole”.

To recoup the ill-fated investment, 1MDB is believed to have resorted into buying “cash-cows companies” such as the independent power producing companies IPP owned by both Lim and Ananda at an exorbitant price of estimated RM 11 billion. In time, TNB may eventually have to absorb these premiums and pass on to the end user - the Malaysian at large. To come out with RM 11 billion, 1MDB may resorted to raise fund through fund managers liked GoldmanSachs at a very high fee of 10% for the amount of RM 15.2 billion. It was way above the market rate. The believed overpriced purchase of these IPP will lower its yield and rendered such venture unprofitable and they needed something else. A total of RM 2.7 billion in surplus from such transaction were “hidden”.

1MDB is believed to have decided that they should list the company. Reaping funds from the general public through IPO requires strict compliance. So 1MDB may be resorted to give an impressive picture of its potential growth through “winning” government tenders for the national power plant projects nationwide. These facilities are required only after 2021 as informed, and the questions remain were, why must the government of the day hurriedly awarded such lucrative tenders through direct negotiation to a company that has no track record in Power Plant and does it meant to say TNB is not good enough for the same job?

If such is not lucrative enough, 1MDB was believed to have been offered the land deal of potential development lands in Sungai Besi at an undervalued price of approximately RM 1.6 billion. There is a catch as the land is currently a military air field and that is the encumbrances. 1MDB may bills the government RM 2.7 billion to relocate the military air field. From such transaction it is believed to have pocketed RM 1.1 billion from the government. Meaning the land is already under value and may be virtually Free and it has to be toped up with another RM 1.1 billion from the tax payer monies. To mobilize the relocation, 1MDB may need to borrow RM 2.7 billion and subcontracted the work to LTAT for the amount of RM 2.1 billion. A total of RM 1.7 billion in surplus from such a transaction were also “hidden”.

If such is not lucrative enough, 1MDB was believed to have reevaluated its TRX project from the initial of RM 191 million in 2010 to RM 6.2 billion in 2014. The reevaluation exercise is crucial for them to borrow more money from the bank and to window dress its account into profitability for IPO purposes. It is said that their audited accounts of level 3 assets are alarming and the subsequent delays in furnishing their audited accounts somewhat hinted some stanch of “fishiness”.

[Interesting point to note: take the money out of the country and you can do what you like especially in places liked the Cayman Island. The very common stance with sovereign money is that it is always a failed investment and nobody is going to be responsible to that.]

[Interesting point to note: you borrow more then you need to finance a purchase. The leftover, you take it to “mend the holes” of all the ill-fated investments.]

[Interesting point to note: if you have a profit driven company built upon good fundamentals, you will not want to list the company for IPO. All you need is to get funds from banks to expand your company. However, if only when you desperately need money you have no choice to but to list your company.]

[Interesting point to note: the offsets from these transactions had snowballed to RM 4.4 billion. The regime of the day give away the premium land virtually free and on top of that pay an extra of 1.1 billion. That is a very good welfare.]

[Interesting point to note: the reevaluation exercise has bloated the amount to another RM 6 billion without even need to commence on the building work. There is a good reason as to why the regime of the day felt so happy with 1MDB now being in the Blue.]

The entire model of production of 1MDB is deeply rooted in the American model of “spending beyond your mean” and the Hollywood movie, “The Wolf of Wall Streets” truly embodied the essence of such, where if you need money, just print more “I owe you” bonds. After all, through the instrument of government’s guarantee, it is the public and the future generation of Malaysian that is going to pay for the sins of their “forefathers”. May God has mercy on us.

WHAT CAN BE LEARNT FROM KLRCA'S CIPAA 2012?

10/23/2014

KLRCA (Kuala Lumpur Regional Center of Arbitration) is one of the government agency overlooking the matter of Arbitration that was less known for what they stood for until quite recently. With the newly minted Director who acted as the CEO, for the first phase, he wiped out completely any residues of its former regime from the staff to its Logo, upgrading the premises from a run-down 1970s office to its corporate look with top of the art conference and meeting facilities, brand new tagline with brand new vision and mission. Not forgetting with larger budget at his disposal from the Cabinet. The jet-setter Director is on his way to market KLRCA as the top regional center for Arbitration potentially overtaking Singapore. With such a high profile, he requires minions to work with him, if it is not - for him.

For the second phase, he brought in external talents to champion a cause. It has been for more than a decade, within the building industry, to adopt a highly controversial approach in law that state – Pay First, Argue Later! In fact this has been a new tagline for KLRCA, where with the new enforced CIPAA 2012 (Construction Industry Payment and Adjudication Act 2012) since 15 April 2014, anyone within the construction industries including suppliers and consultants have had the avenue for mandatory Adjudication to claim for outstanding payment for work completed, within a relatively short period of 100 days. The outcome of such law has brought KLRCA to a whole new chapters and never in its history has KLRCA achieved such prominent role. With such high power lobbying, he was eventually decorated by the Supreme Ruler of the country.

With this new Act, lawyers were said to have great funs in court, arguing on its merits and demerits until the cow goes home at the expanse of the industrial players. With more jobs for the lawyers and arbitrators as adjudicators going all round, the retinue of minions grew in leaps and folds. KLRCA even took a bolder stance to increase the Adjudicator Fee, feeling that if you pay peanuts, you get monkeys. It is time to see what has been installed for the third phase before he retires and move on to a higher pedestal.

On CIPAA, it will be great to note that in regardless of the contract one has entered into, the avenue to collect the unpaid fee, contract sum or due payment for work done through adjudication has been provided for by KLRCA within 100 days for lower fee compared to arbitration or litigation. Any awards issued by the adjudicator is enforceable in law. It placed the concept of “pay when paid” principle into oblivion and sub-contractors can now seek payment directly from the principal.

WHAT CAN BE LEARNT FROM KHALID IBRAHIM?

8/15/2014

Phase 01 – When he took over the helm of Selangor, together with his “political minions” he expose plenty of corrupt practices that leads to the massacre of the former Selangor MB on corruptions, the “cow-gate” scandals and water concessionaire lopsided privatization schemes and the sort. Wide exposure from all media. He practically squeeze the juice out of non-performing contracts one being well known as the Talam Scandal. He continues to do so for every possible means his hand can lay upon that also include diligently going after accrued payments from quit rents to property assessment tax. The most remembered of all was his attempt to make Syabas to their knees for providing free supply to a ratio agreed in the agreement. It follows corporate maneuvering of tightening outflow.

Phase 02 – Where normal CEO will start disposing assets to get liquidity and pay off debts, his stingy approach in governing results in the increase of the Selangor coffer par excellent! Everyone is happy including the stakeholders – the people of Selangor. Such is deemed unconventional norm. Most MB will dispose state lands in favor of cash and increased taxes. State lands are assets. They will start making deals – you scratch my back and I scratch yours, it makes people from his party happy and the leftovers are distributed among the less fortunate as he continues to rob from the middle income via increase prices and no freebies. Unfortunately he is too late to do that and make his boss in the party very angry. States unlike company is supposed to be Non-profitable and charitable, Khalid makes it a profitable venture. Because of Khalid’s failure to do what is expected out of him from his own party, in the pretext of Kajang Move to allow his party’s boss to have a locus-standi in the State assembly, the following steps are the clear sign the he is no longer welcome not by the people but by his party.

Phase 03 – He moves hyper speed into last phase of reaping the State apart for his own political salvation. Among others are the water restructuring agreement, approving the construction of the highways and most notoriously, awarding state projects to the developer of his choice. Under the pretext of potentially CBT, his party moves in to destroy him once and for all. The most interesting point is he manages to get the support of the Sultan who is the pillar of the people – stakeholders. We are exactly at this juncture now.

Truly he was a corporate figure and his strategic maneuvering is par excellent and compared to Anwar Ibrahim who repeatedly dishing out empty promises proves one thing – Rafizi is very much a novice!