erm does aku janji can bring u to court?

I would like to share what I know so far, as I have read my SPA.

First of all, this property does not fall under HDA because its commercial title hence, SPA does not follow HDA requirement. Basically means developer can draft the SPA the way they want to. In this case, the SPA is really loop-sided... I admit I did not read properly before I signed. Lesson learned.

The SPA has clearly stated the VP can be issued after CPC (certificate of practical completion) is out. CPC is issued by architect that says the building is completed. Basically to say the architect is verifying that the contractor has built the building according to Building Plan. CCC on the other hand, is the replacement of CFO which means the house is now fit to stay (i.e. all the relevant authority, TNB, Syabas, Architect..... says its DONE). Only standard SPA under HDA states CCC as requirement for VP. This is not under HDA.

But again, since the Architect of this project has issued CPC, developer has all the rights to VP but of course they are putting the reputation in jeopardy. Rightfully, I should be delivered a house that is fit to stay. And it seems some projects has VPed since September 2015 but the project has yet to obtain CCC. So, you cant do much besides wait and burn your wallet every month. I'm equivalently worried to as mine was VPed in January. Developer mentioned verbally CCC is expected for my block (Block D EC) 6 months after VP.

Looking at solely the SPA, Developer has done nothing wrong legally. As an owner, what I can do now is to hammer them with defects. Make their life difficult.

In the meantime, I'll source legal action if can once I have had a look at my unit and seek for more advice around.

What i mention above, i stand corrected.

I'm not knowledgeable on how this can go about, i'm just sharing what i knew, please feel free to add constructive ideas/opinions.

"Aku Janji" method sure cannot pakai one leh.

see what happen now.

CPC is mean that building is completed. I don see those pics share in FB shown that building is completed. The SO who signed the CPC is damn Fxxking unethical Architect. Buyer should bring this to LAM Lembaga Arkitek Malaysia so remove his professional from the Board of Architect Malaysia. Shame.

Did a Google search and found this:

https://simplymalaysia.wordpress.com/articl...ut-not-defined/

Thanks for sharing. Apparently, this developer is playing with the loopholes in legistration for non-HDA project.

I am wondering what's the criteria for a CPC to be issued, is it stated in the SPA? A rooftop / ceiling with 4 pieces of wall shall do?

What to do, non-HDA means for non(boh) - standard mah..

Then by all means, this will be a very crucial point for developer if the case brings to court. So meaning buyers have no upper hand on this matter and can only complaint to LAM,PAM,IEM&BEM for the architect & consultants approval's dispute.

This post has been edited by Clement1001: Mar 16 2016, 04:59 PM

No wonder now so many same type of projects (under commercial title) around klang valley... Heard Selangor accept no more SOHO, SOVO type of project now... Good thing?

agreed. should remove the fellow asap

I'm not familiar with the CPC requirement. Logically it should follow the Building Plan as well as Schedule 4 of the SPA (Building Specification). Any architects or Building Engineer here?

What I understand so far is, since CPC is issued hence VP is allowed. But whether CPC is correctly issued or not, that is a separate case. And yes, I'm planning to write the LAM and PAM once I've seen my unit in 2 weeks time.

Another loop sided clause - VP is to deliver withing 42 months from (the later of) Building Plan approval date or SPA date. In this case, Building Plan is approved about 1 year after SPA signed. So we lost 12 months of LAD claim.

SOHO is protected under the HDA. The popular pseudo-SOHO nowadays is SOFO, SOVO. Next it'll be SOZO, SOTOng.

developer really using the "loop hole" to the maximum level

http://www.knightfrank.com.my/

Knight Frank is the management company for this Empire project, look like it could be worst than their sungei wang mall project !



I mentioned them because alot of empire city buyers already start paying maintenance fees to them since last year (2015) after so called "VP"

This post has been edited by Giant: Mar 16 2016, 05:10 PM

actually can confirm that the instalments have already commenced for some EC buyers ..besides maintenance payments.

lol sungei wang mall project already bad. Now tis overtook it

In general is completed all works according to the design plan and it must be in design function.

fixed.

a very structured response. now this is a rational way to look at things. solely based on the SPA as it is also the only document that binds the buyer and seller.

it it true that DLP is only 6 months or rather retention under stakeholder is only 6 months? if it's true. then wish you all the best.

I concur on this, CPC should at least follow the building plan / stages stated in the SPA, otherwise it would be meaningless for this document to be issued. Perhaps you can write to LAM to request further info on this, especially the differences between CPC and CCC.

The benefits of non-standard SPA always skewed to the developer side, I can understand your frustration in this context, especially the commencement date to count for LAD claim, but it seems like nothing can be done since is black and white stated in the SPA with proper endorsement from both parties.

Yes, you are right, DLP is 6 months from VP. In which is worrying for me because electrical and water can't be tested, normally TNB and Syabas meter comes in the last nearing/shortly after CCC. And CCC is targeted 6 months after VP.

Under HDA SPA, it does state you have the right to hold the retention sum if the defects are not completed within 30 days and after 14 days notice given to developer.

But not this SPA. It was silent. solely mentioned that defects are to be completed within 30 days. That's it.