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Solve CF issue at the root

09/05/1999 NST Editorial Voice

A spontaneous reaction to last Friday's headline "Bylaw to ensure CF in two weeks" is that we have heard it all before. Indeed, we have. Come January 10, it will be exactly four years since the enforcement of the Cabinet ruling that all local authorities issue the certificate of fitness within 14 days once a building meets all structural and legal requirements.

But from the unending complaints of long delays, it is obvious that adherence to the directive by many local authorities leaves much to be desired. There are moves to amend the Uniform Building BY-Laws 1984 to secure compliance by the local authorities and streamline procedures.

Some 10 months ago, the Housing and Local Government Ministry announced the proposals and last week it revealed that the National Council for Local Government will meet next month to approve the amendments. Sanguinely, within a year, the legislation will be in place.

In tackling the perennial delays in the issuance of CFs, it is crucial that the ministry and the local authorities understand the problems faced by both housebuyers and developers. More rules without solving the existing problems which are the bottlenecks, will only mean more bureaucratic red tape and delays. At a cursory glance, the two significant amendments to the building bylaws are excellent provisions which will solve the problems hitherto faced by developers and buyers.

But things are not always as simple as they appear. One states that CF s will be deemed issued in two weeks from the date developers submit applications to local authorities even though the latter do not issue them. The other amendment makes it mandatory for developers to get the CF before handing over vacant possession to buyers.

As rightly pointed out by a developer who wrote in recently to the New Straits Times, the issuance of  CFs is a complex problem which should be tackled from the root. To achieve this, the whole issuance machinery has to be revamped and streamlined, including the technical departments and agencies involved. The ministry holds a simplistic view that the problems will be solved now that the applying procedure has been tightened. Developers have a statutory duty to get approval from the relevant technical departments and agencies prior to submitting their applications.

The crux of the problem is getting quick approval from the vetting departments. Stories of developers given the runaround and made to wait long for inspections of their completed works abound. This cannot be allowed to go on. Procedures should be greatly simplified. An intricate set of procedures is unnecessary as the buildings are built according to approved plans and their due completion certified by professionals.

That some local authorities are withholding issuance of CFs for housing projects on non-technical grounds, such as meeting the 30 per cent low-cost housing quota, payment of the sewerage capital contribution charge and even clogged drains, shows blatant defiance of the federal directive. This is inexcusable as it is irresponsible for it has been made clear to State Governments and local authorities from the outset that any other conditions outside the stipulated requirements are irrelevant.

It is important that in tackling the problems connected with the issuance of the CFs, all parties involved take cognizance of the fact that the fault does not lie with just the developers but also the local authorities. It is easy to put the blame on developers. The causes of delay are many and often beyond the control of the developer. New conditions and additional local requirements imposed after the project has been  completed is a classic case in point.

The forthcoming meeting of the National Council for Local Government would have seriously failed in its duty if it does not take the opportunity to discuss the whole problem pertaining to quick issuance of CF's and come forth with effectual solutions to resolve it once and for all.

 

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