Under MEH's SPA if I a not wrong, the retention will be paid to developer 6months from VP when the defect period is over.

Harp....if u r in this retail line.....disclose more on ES and EC retail situation....especially EC...

Architect can issue CCC if level 21 complete but level 18 incomplete meh ?

CCC should be whole building complete ma..

not only about the VP issues, the building itself looks not 'safe', so thin and tall.. hopefully the grounding works really solid.

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 (unit) that is fit to stay (be used). 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.

Developments under commercial title does not necessarily means it's definitely without HDA.

Some developments as "Serviced Apartments" or Serviced Residence" are usually with HDA, as developer applied for residential purpose on commercial titled land.

SOHO/SOFO/SOVO on the other hand are most likely without HDA as these developments are approved as "kedai" or "pejabat" and not for residential purpose.

Potential buyers can also look at layout brochures where properties sold with HDA are usually with furniture drawings (ie sofa, bed, tables etc) whereas non-HDA brochures are forbidden to show these items in their layout on the brochures (HINT: because they are "pejabat" not "rumah")

I fail to understand why "Mr Lim" the non-owner is tanking the developer and doing all the exposé whereas very little owners have come forward with their own photos and complains.

Even in this thread I don't notice any actual owners are giving their side of story(ies). Majority comments are from outsiders which are non-owners.

As a non-owner, Mr Lim is even proceeding to attend to the LOD and seemed prepare to fight for the "truth". I may understand his stance and action if he's an actual owner and is suffering for potentially huge financial losses, but by just exposing the photos which went viral after 2 days, he could've just retracted it with apology and move on with his life without any harm to his pocket.

Yet, where are all the owners?

No matter which stance the owners take ie. 1. Pray developer complete it sooner rather than later or 2. Persuing the developer via legal channel, it's a lose-lose situation.

If they chose 1. and keep quiet, developer may be more daring and delay it even further, but there's a chance that it will eventually complete anyway. Owners suffer temporary losses of loan repayment while waiting for their units to be completed properly.

While if they proceed with option 2. by going through legal means, developer will too, counter with their papers that most - if not all - owners have signed without actually understanding it and are usually sided towards the vendor. Worst case scenario, developer found guilty and ruled to pay huge compensation, they may pack up, declare company bankruptcy and there goes the buildings in an abandoned state.

It's a huge dilemma for owners, I couldn't decide myself which route I will take if I'm one at the moment. I just don't understand why a non-owner is going public and yet still not backing down despite developer's LOD in which he will suffer potential financial losses for something that he's not even involved in. Getting the photos viral for a few days is really a good enough wake up call for owners, but why he is continuing to fight for a battle that is not even his?

Sidek Teoh, MEH is using the SPA lawyer to go against buyer? but buyers also apointed Sidek Teoh, so sidek teoh should against or protect which party?

if according to CIDB's  construction rules any visitor to the construction site must get S.O's (superintendent officer) approval and with valid CIDB green Card. even there are some units already VPed but in general that area still is a construction site so S.O have the right to expel anyone to get in the site.

In term of procedure developer can VP without problem, provided the architect & Engineer have issued  the CPC & CCC.

so I think the best for buyer is question the code of conduct of professional of the architect & Engineer and go through LAM & BEM to ask them conduct a visit to this project to find out the CPC, CCC & VP status for this project and investigate the architect & Engineer.

About VP & CCC -
http://www.rehdainstitute.com/index.php?op...d=98&Itemid=102

‘Vacant possession’ is issued by the seller allowing the buyer to take possession of the property subject to the construction being duely completed as certified by the Architect for the buyer, water and electrical supplies having been connected to the said building, the buyer having made full payment under the law and that for housing it is accompanied with the CCC.

The Professionals Responsible for the Issuance of CCC
The CCC will be issued by the Professional Architect or Professional Engineer who is registered with the respective Board of Architects Malaysia (BAM) or Board of Engineers Malaysia (BEM) acting in the capacity of PSP.
For buildings which require intensive design input, the Professional Architect will function as the PSP while the Professional Engineer will be the PSP for the projects with high engineering input in nature.
For the bungalows which do not exceed 2 floors in height and 300 square metres in total built up floor area, the registered Building Draughtsman will perform the role of PSP and will issue the CCC.
The CCC can only be issued when all parties concerned are satisfied that the building construction have been supervised and completed full compliance with the provisions of the law and technical conditions as imposed by the LA in approving the Planning Permission and Building Plan.

Approval of Planning Permission and Building Plan
Under CCC, Planning Permission and Building Plan are still required for submission and approval by the LA.
While PSP’s major responsibility is to submit Building Plan, other plans can be submitted by the SP, that is either the Professional Architect or Professional Engineer.

I think VP and TOP is something similar.
But the arguing point is whether the entire building  has already obtain CCC?
If CCC still yet to be issued  by the architect / engineer, it still consider as construction site.
As early someone has shared that this is commercial unit and it is stated in the SPA that it can VP without CCC.
That the reason this topic is getting  hotter and hotter because of unethical developer, architect n engineer.

Developer whos project management team if do not knw the construction code or requirement  their company can really go zap lap liao, i really wonder how they manage their scheduling and timeline

Yes their big boss is business man, but not their team who handling tis development....

I believe there's a button "Add Friend"

Else what i see here.... No one is helping but good in commenting...

Sharing is Caring this i understand, when i try to share those in correct things... Hows the outcome? KENA FLAME.

kinda disappointed actually.

From the day i start read it, 70% is just want to join the happening but has no balls like LIM

so you r refering to SPA, how about statutory requirements ? Surely there is some guideline to follow, the project is allowed to self declare as VP without any CCC issued ?

In singapore, we must achieve at least TOP status, before the project consider as completed

You mean back out or back off?

Non hda properties penalty berri high de... developers are free to list down their own penalty rate  ...

if it can be done....it should be seriously consider by existing buyers.....due to the bad financial conditions of this dev...
what abt the bank side? how to settle?

Empire City is too big to fail. If it is really abandon, it ll be super eyesore to PJ. Hope it wont happen as thousands of innocent buyers there. Saw workers there the other day though not many.

shock with what you're saying,
Are you working for MEH?