Architect’s Certification: A Problem?
DOI:
https://doi.org/10.11113/ijbes.v2.n1.57Abstract
Currently the problems of some architects issuing fraudulent progress certificates for Malaysia’s housing projects result in many house buyers losing their life savings. Unfortunately, these house buyers still remain contractually responsible for all the associated, present and future financial obligations such as their bank loans. Fraudulent certification is the most frequent incident of complaints amongst the range of problems complained about to the Board of Architects, Malaysia or Lembaga Arkitek Malaysia (LAM). This paper highlights the underlying pertinent issues such as when an architect does not fully understand the ramifications, or exercise due care when performing the certifier’s role with its inherent responsibilities under the Housing Development Act (HDA) and Housing Development Regulations (HDR). Also at what stage the architect is legally required to issue progressive work completion certificates, particularly the scope ranging from the inception stage through to the completion stage. This includes the relevant housing laws and regulations that enshrine the architects’ professional status and confers legal certification duties. This is designed to protect the public interest, yet many architects fail to perform this duty inde-pendently, or impartially and fairly to the new house buyers and the public at-large. Recognizing the systemic weakness, the elements that contribute to the fraudulent certification and illustrates how the fraudulent certification exploits the trust of house buyers. In the analysis, a quantitative framework was used to measure, quantify and discuss the best all round outcomes.References
Ahmad, S. (2012). Blanket Assumptions On Professional Bodies Inappropriate. Berita Akitek.
Albrecht, S., & Albrecht, C. (2004). Fraud Examination & Prevention. Natorp Boulevard: Thomson South Western.
Albrecht, S., Albrecht, C., Albrecht, C., & Zimbelman, M. (2009). Fraud Examination. Canada: South-Western.
Awalludin, Z. L. (2010). guidelines On Issuance Of Form F1 (Partial Certificate Of Completion And Compliance) (2/2010). Kuala Lumpur Board Of Architects Malaysia.
Buang, S. (2001, 6 November 2001). HOUSING DEVELOPMENT ACT: WHO DOES IT PROTECT? Paper presented at the National HousingConference II: The Road Ahead in Nation Building 6th November 2001, Sunway Pyramid Convention Centre.
Chan, S. A. (2008). Amendment to the Housing Development Act 2007 (pp. 3). Kuala Lumpur: Pertubuhan Akitek Malaysia.
Chan, S. A. (2010a, 3 April 2010). Housing Development Act 1966 Roles and Responsibilities of Architect Paper presented at the PAM CPD Seminar, Taylor University College Lakeside Subang Jaya.
Chan, S. A. (2010b, 3 April 2010). Housing Development Act 1966 Roles And Responsibilities Of Architects. Paper presented at the PAM CPD Seminar Taylor University College Lakeside Subang Jaya
Chan, S. A. (2011a, 7 May 2011). The Architect's Roles & Responsibilities under the Housing Development Act (Act118) & related Regulations. Paper presented at the PAM CPD Seminar, Kuala Lumpur.
Chan, S. A. (2011b, 7 April 2011). Guidelines on the 3rd Schedule of the Standard Sale & Purchase Agreement. Paper presented at the PAM CPD Seminar PAM Northern Chapter Penang.
Chan, S. A. (2012, 20 October 2012). Housing Construction Quality, Architect's Responsibilities & CIS7-2006 (QLASSIC). Paper presented at the PAM CPD Seminar, Kuala Lumpur.
Chan, T. (2014, 21 September 2014). Reinstate Fee Guideline for Professional Service, Architectural Practice. Sunday Times, p. 1.
Chang, K. L. (2001). HOUSE BUYERS OVERVIEW ON THE HOUSING INDUSTRY AND PERSPECTIVE ON THE AMENDMENTS TO THE HOUSING DEVELOPERS ACT 1966. Paper presented at the National Housing Conference II, Sunway. Conference paper.
Chee, S. T. (1998). Housing Matters-Form S&P to HDA Account. Paper presented at the PAM CPD Seminar, PAM Center, Kuala Lumpur. CPD Seminar handout note.
Chee, S. T. (2002). The Housing Developers (Control And Licensing) Act 1966 and the Architect- Cautionary Advice. Paper presented at the PAM CPD Seminar, Kuala Lumpur. PAM CPD Practice Note.
Dahlan, N. H. M. (2006). Abondoned Housing Projects In Malaysia: A Legal Perspective The Malayan Law Journal Articles, 6([it]2006>), 22.
Dahlan, N. H. M. (2007). Rehabilitation Of Abandoned Housing Project: Experience Of An Abandoned Housing Developer Through The Help Of Ax Government Agency. The Malayan Law
Journal Articles, 1([2007] 1 MLJ 1xxxiv; [2007] 1 MLJA 84), 40.
Devarajulu, G. N. (2012, 4 April 2012). Housing Development (Control and Licensing) 1966 (Act 118) (Amendment) 2011. Paper presented at the Seminar Legal Reforms in the Malaysia Construction Industry Dewan Johor, Tingkat 2, Mutiara Hotel, Johor Bahru, Johor
Hassan, N. H. (2011). Houses Abandoned 10 Years, News paper. Utusan Malaysia Retrieved from http://www.utusan.com.my
HBA. (2002a, 8 June 2002). Enforcing the Act, NST-PROP A Buyer Watch Article by National House Buyers Association. NST-Prop, p. 2.
HBA. (2002b). Recent Revamped Houisng Development (Control & Licensing) Act, 2003 - Buyers' Perspective on Architects Role and Obligation. Paper presented at the Joint Seminar by PAM & HBA, Kuala Lumpur
HBA. (2002c, 24 August 2002). Standing up for the buyer, NST-PROP. News Straits Times p. 2.
HBA. (2003a, 11 January 2003). Adopt build-then-sell variant, NST-PROP A Buyer Watch Article. News Straits Times, p. 2.
HBA. (2003b, 1 July 2003). Getting to know you. Malaysian Business - Housing & Property, 2.
HBA. (2003c, 1 August 2003). Know what you sign. Malaysian Business-Housing & Property By National House Buyers Association, 2.
HBA. (2003d, 7 June 2003). Pay only for Completed Houses, NST-PROP. News Straits Times p. 1.
HBA. (2003e, 20 December 2003). Self-certification: boon or bane?, NST-PROP A Buyer Watch Article. NST-PROP, p. 2.
HBA. (2005a, 12 Feb 2005). In the name of speed: [2* Edition], NEWSPAPER. New Straits Times Press, p. 8. Retrieved from http://search.proquest.com/docview/271852914?accountid=41678
HBA. (2005b). Self-certification or self-destruction?, NST-PROP A Buyer Watch Article. NST-Prop, p. 2.
HBA. (2006, 2 October 2006). What is the 10:90 or Built then Sell? Iproperty Magazine, 2.
Ho, P. (2012, 29 Nov 2012). [Opinion/Comment on Practice Note Classification of Minor Defect].
Ismail, E. H. (2009). Amendment To Housing Development Act (pp. 2). Kuala Lumpur Arkitek MAA Sdn Bhd.
Kasi, P. (1998). Progess Certification For Housing And Non-Housing Projects. Paper presented at the PAM CPD Seminar PAM Center, Kuala Lumpur CPD seminar handout note.
Keen, H. S., & Peng, T. O. (2012, 7 August 2012, 17 July 2012). [Defects Poor Workmanship and Non-Compliance to Specification, Wrongful Certification & Premature Vacant Possession to Unit C1-13A, Ara Hill, Ara Damansara RE: PAM Code of Professional Conduct ].
LAM. (2000, 8 July 2000). Meet the Practitioners Session (A Synopsis). Warta LAM, 8.
LRB. (2010a). Housing Development (Control And Licensing) Act 1966 (ACT 118) & Regulation (L. R. Board Ed. Vol. Act 118). Petaling Jaya International Law Book Services.
LRB. (2010b). Housing Development (Control And Licensing) Regulations 1989 (L. R. Board Ed. Vol. Act 118). Petaling Jaya International Law Book Services.
LRB. (2011). Uniform building By-Laws 1984 (L. R. Board Ed.). Petaling Jaya, Selangor International Law Book Services
Mahamed, E. (1999). Professional Practice 1- Architect's Responsibilities, Practice and The Law- Over View Paper presented at the Part 3 Tutorials Organised by PAM Education Committee in preparation for the Join LAM-PAM Part 3 Examination Workshop 2001, PAM Center, Kuala Lumpur. Seminar Note.
Matulich, S., & Currie, D. (2009). Handbook of Frauds, Scams, and Swindles: Failures of Ethic in Leadership. Boca Raton: CRC Press.
MDC. (2010). Street, Drainage And Building Act 1974 (M. L. Advisor Ed. Vol. Act 133). Kuala Lumpur MDC Publishers Sdn Bhd.
Mohamed, H. (1987). REMINDER to Architects On The Architects (Scale Of Minimum Fees) Rules 1986 And Adequacy of Professional Services Provided To Third Parties. (3/1987). Kuala Lumpur Board Of Architects Malaysia
Mohamed, Z. (1999). Violations Of The Code Of Professional Conduct As A Result Of Economic Pressure. (1/1999). Kuala Lumpur Board Of Architects Malaysia
Nachmias, C. F., & Nachmias, D. (2007). Research Methods in the Social Sciences. Wisconsin: Worth Publishers.
O'Leary, & Arthur, F. (2001). Architect 's certification of payments to the contractor. Architecture, Building And Construction, 45(5), 14.
PAM. (2005, 22 Jan 2005). Self-certification, as architects see it: [2* Edition], NEWSPAPER. New Straits Times Press, p. 8. Retrieved from http://search.proquest.com/docview/271872753?accountid=41678
PAM. (2011). REPORT OF PAM SURVEY ON PROCUREMENT 2011 PAM SURVEY ON PROCUREMENT (pp. 12). Kuala Lumpur: PERTUBUHAN AKITEK MALAYSIA.
PEMANDU. (2012). Government Transformation Programme. In P. M. s. Department (Ed.), Overview of the Government Transformation Programme (GTP) (pp. 6). Putrajaya: Performance Management And Delivery Unit (PEMANDU)
Radzuan, N. A. M., Hamdan, W. S. Z., Hamid, M. Y., & Halim, A. H. A. (2011). The Importance of Building Condition Survey Report for New House Buyers. SciVerse Science Direct. doi: 10.1016/j.proeng.2011.11.149
RAIA. (1979). The Architect's Responsibility In Issuing Certificates (Vol. 3, pp. 8). Melbourne
RAIA. (2000). Private Certification (Vol. 2, pp. 1). Melbourne Royal Australian Institute of Architects.
Shukor, N. A. (2002). Architect's Certification Under The Standard Sale And Purchase Agreements. (1/2002). Kuala Lumpur: Board Of Architects Malaysia.
Tan, P. I. (1998). Architect's Certificates Under The PAM Form of Building Contract Privation Edition (With and Without Quantities). Paper presented at the PAM CPD seminar PAM Center, Kuala Lumpur CPD Seminar handout note.
Tan, P. I., Sum, J. P. M., & Chen, T. (2007, 24 May 2007). Seminar on Certificate of Completion and Compliance (CCC). Berita Akitek, p. 1. Retrieved from http://www.pam.org.my
Teh, D. (1998). Pitfalls In Practice. Paper presented at the PAM CPD Simenar PAM Center, Kuala Lumpur CPD Seminar Handout note.
Teh, D. (2012). Scale of Fees: What do we do? Paper presented at the PAM Professional Practice Forum, Kuala Lumpur.
Thuraisingham, T. D. (2013). The Architect as Contract Administrator. An Overview of Time Extension. Paper presented at the PAM CPD Seminar Kuala Lumpur.
Usilappan, M. (2013, 12 December 2013). ENSURING A SUSTAINABLE HOUSING MARKET. Paper presented at the Property Seminar Series Smart Growth Johore Bahru.
Wells, J. (2004). Corporate Fraud Handbook: Prevention and Detection. Canada: John Wiley & Sons.
Woo, K. (2001). Session 3- Architect's Obligations & Certification Under Housing & Developer's Act Paper presented at the Joint LAM-PAM Part 3 Examination Workshop 2001, PAM Center, Kuala Lumpur.
Downloads
Published
How to Cite
Issue
Section
License
Copyright of articles that appear in International Journal of Built Environment and Sustainability belongs exclusively to Penerbit Universiti Teknologi Malaysia (Penerbit UTM Press). This copyright covers the rights to reproduce the article, including reprints, electronic reproductions or any other reproductions of similar nature.
Authors who publish with this journal agree to the following terms:
- This Journal applies Creative Commons Licenses of CC-BY-NC-SA
- Authors retain copyright and grant the journal right of publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
