Implication of liability transfer towards architect in the issuance of certificate of completion and compliance (ccc) in building industry

Abstract

Building certification in Malaysia has undergone a transition phase in April 2007. It was the month that saw a momentous change in our building industry delivery system. The Certificate of Fitness for Occupation (CFO) regime was phased out and it was replaced by a new Certificate of Completion & Compliance (CCC) regime. Implication from this transition was the role of local authorities reduced while the responsibilities of a Principal Submitting Person (PSP) especiall architect, seemed to have increased. It has said that the function and responsibilities of an architect under the new CCC regime was not going to be very different from what it was under the old system. What was merely required was increased vigilance on the part of an architect and professionalism to ensure that the CCC is issued only when the conditions for its issuance have been met according to law. However, 10 years into its implementation, the CCC has proven to be more of a bane than boon. This study is carried out to identify the implication on liability transfer towards architects as the PSP in the issuance of Certificate of Completion and Compliance (CCC) in building industry. This study will be focusing on implication of liability issues towards projects that involved more than one PSP based on real-life project and reallife court case. The main instrument of data collection was interview with experts in the construction industry. From the findings, the PSP who are also the front liner of a project are liable towards the building as a whole. From the lesson learnt of what have been practices in other developed country such as private certification can be apply in our building delivery system to enhance the existing building certification of CCC.