IN the second part of the article, we will talk about the importance of engaging the services of a Building Inspector, who is well-trained to detect defects camouflaged by cosmetic improvements.
Although the law provides a 24-months warranty (whichever is applicable) for owners to refer defects to the developers, buyers do not know what to look out for as they do not have the expertise to identify or foresee inconspicuous defects.
Many are unaware that getting Building Inspectors to inspect their homes can save them a lot of heartache at the end of the day. By getting these professionals to conduct defect checks, owners will be able to identify problems early and get them rectified before they escalate.
They have the trained eye to identify faults disguised by cosmetic improvements, which may be missed by the laymen. Most architects and surveyors double up as building inspectors in Malaysia.
The inspectors, whose fees range from RM500 to RM3,000, will examine a property and submit a report, which includes recommendations for follow-up action. The awareness of the availability of such a service in the country is still low.
Typically, a thorough inspection should pinpoint:
- Structural cracking or deformities on walls, roofs and floors;
- Dampness leading to rotting or unsound structure;
- Damage to timber caused by fungal decay, wood borers, termites or by industrial chemicals;
- Defective plumbing and drainage systems;
- Water leakage;
- Unevenness of flooring;
- Superficial repair work: and others
In addition, some building inspector may even estimate the cost of remedying defects found. Most of the time, their reports are submitted to the Tribunal for Home Buyer Claims when an aggrieved buyer makes a claim for monetary compensation and technical claims.
Very often, building inspectors are summoned to the tribunal as an expert witness to challenge developer’s rebuttals.
What’s next?
Besides the legal steps, buyers should band together. Contact neighbours who have similar difficulties in getting defects rectified. You may have more in common than you think.
There is power in numbers, and you can share tasks to lighten the work load. The main objective is to convince the developer that you are serious in getting the defects rectified properly.
The affected buyers can collectively lodge a complaint with the Enforcement Division of the National Housing Department, Housing and Local Government Ministry, with the view that it will intervene and subsequently convene a meeting with all the parties concerned. Details of the said Enforcement Division is as follows:
Pengarah
Bahagian Penguatkuasaan
Jabatan Perumahan Negara (JPN)
Kementerian Perumahan dan Kerajaan Tempatan
No. 51, Persiaran Perdana
Presint 4, Pusat Pentadbiran Kerajaan Persekutuan
62100 Putrajaya Website: www.kpkt.gov.my
Remember that the quality of construction work in your neighbourhood will affect the property’s resale value and possibly, your safety.
Filing a claim at the Tribunal for Home Buyer Claims
House buyers who are caught in a dispute with their housing developers over non-remedial of defects, shrinkage, defective workmanship or materials or other technical faults are at liberty to file their claims at the Tribunal for Home Buyer Claims (The Housing Tribunal).
The Housing Tribunal was set up as an alternative forum for house buyers to save them the cost and hassle of fighting with housing developers in the civil court. The filing fee is only RM10; no lawyer is required and hearings are normally fixed within a month.
The Housing Tribunal is empowered to hear disputes between house buyers and licensed housing developers but the claims must be filed within the time frames provided under Sec.16N of the Housing Development (Control & Licensing) Act 1966.
Check out the link to the Housing and Local Government Ministry vis-vis Tribunal at: http://www.kpkt.gov.my (Tribunal Tuntutan Pembeli Rumah).
Standards of the Quality Assessment System in construction (QLASSIC)
Only a handful of housing developers have adopted and subjected their products to the strict Standards of the Quality Assessment System (QLASSIC) standards of construction.
The first Quality Centre in Malaysia is by SKYWORLD (SkyWorld Quality Centre situated in Setapak, Kuala Lumpur) in their efforts and initiatives in transforming the construction industry.
They have embraced this practice by adopting QLASSIC as a selling point, as we understand, that quality of construction and material used are the main concerns amongst property buyers.
It will also reduce or eliminate reconstruction and repair works which often leave buyers no choice other than to remain optimistic and hoping that the workmanship and material used to construct their properties will be of acceptable quality.
Besides the QLASSIC pledge by the Works Ministry, the Construction Industry Development Board (CIDB) are also embracing and adopt the Construction Industry Transformation Programme (CITP) which is the national agenda to transform the construction industry, where contractors are to adopt the CITP with the primary objectives of transforming the construction industry to be highly productive, environmentally sustainable and globally competitive and with focus on safety and quality standards.
In this regard, we must recognise that quality, safety and professionalism are primary pre-requisites towards transforming the construction industry into a responsible, developed industry instead of constantly been plagued with shoddy workmanship and sub-standard materials.
But alas, it is currently merely on a voluntary basics and not made mandatory, as of now. – Oct 9, 2021
Datuk Chang Kim Loong is the honorary secretary general of the National House Buyers Association (HBA).
The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.
