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 EMPIRE CITY @ Damansara Perdana/Mutiara Damansara, Mixed Development Project in Damasara KL

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samkps
post Mar 4 2016, 02:07 PM

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QUOTE(gks @ Mar 4 2016, 11:20 AM)
actually I think most are invoestors/flippers/speculators. MEH sold thousand of units in ED/EC/Remix but only few are active in forum.

Just like project like Vortex/ Vipod/ SOHO/ Quadro by Monoland, these buyers just not bother with participation in forum.

Some of the project thread here even not single unit is VP-ed already running into double figure version.
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Forummer consists of less than 1% of the total consumers in the property market, this is even include those dupe
accounts.

Participation in forum just for a leisure way expressing own opinion and wondering how many of posts really factual and constructive. Number of post does not relate or reflect anthing on the sales and the quality of the project.

I have to say credit must be given to those forummer to continuously bash a project till it reach double figure version.
samkps
post Mar 4 2016, 03:18 PM

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QUOTE(HarpArtist @ Mar 4 2016, 03:07 PM)
correct and in 5 years time we share share how much we flip our props for yeah or whether u still hanging the for rent board rclxms.gif
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My for rent board always there, just it may flip from one to another... biggrin.gif
samkps
post Mar 14 2016, 06:06 PM

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QUOTE(davwon @ Mar 14 2016, 01:36 PM)
[attachmentid=6166257]
[attachmentid=6166268]
[attachmentid=6166277]
[attachmentid=6166283]
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Forced VP to avoid LAD? bruce.gif bruce.gif
samkps
post Mar 15 2016, 03:08 PM

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The Professionals Responsible for the Issuance of CCC

1.) 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.

2.) 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.

3.) 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.

4.) 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.

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


21 stage certifications, time to know who are thoses "PARTIES".. laugh.gif



This post has been edited by samkps: Mar 15 2016, 03:14 PM


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samkps
post Mar 16 2016, 01:05 PM

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QUOTE(youknowwhoami @ Mar 16 2016, 12:39 PM)
Is only VP, nvr CCC yet as i understand the status till now , but everyone VP standard is diff.

**Of course i not saying their VP is perfect, but just base on the pictures Mr Lim shared. Is still a wrong info given to us**

But level 18th (belongs to hotel), Hotel VP and Resi VP is two diff thing.
**I won't expect everyone understand my statement, but its true tho**
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VP without CCC? shocking.gif shocking.gif shocking.gif

If accident happen then who is going to be responsible?
samkps
post Mar 16 2016, 02:11 PM

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VP and CCC. This issue being discussed and rectified by legal basis, but only for HDA project. Non-hda, not sure. But if a developer use it as excuse for "non-HDA" project, then definately is a lao sai developer..


" In the year 2007, Parliament again tried to address the grievances of house buyers. The CCC was introduced and the SPA was amended to make it mandatory for delivery of vacant possession to be supported by the CCC. "


http://www.thestar.com.my/business/busines...-late-delivery/

This post has been edited by samkps: Mar 16 2016, 02:12 PM
samkps
post Mar 16 2016, 02:32 PM

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QUOTE(wil-i-am @ Mar 16 2016, 02:24 PM)
Bro, u have a vested unit here?
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Bro, no woh.. but my fren did.. doh.gif doh.gif Why?
samkps
post Mar 16 2016, 02:42 PM

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QUOTE(jinsailoo @ Mar 16 2016, 02:34 PM)
can ask your friend is this real??
can snap some photo ??
the argument still here since developer said below 20 floor is complete and the photo taken should be hotel
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I try to ask then, but he is in oversea now..

Anyhow, if this developer can issue the VP without the CCC, something fishy for sure..

This post has been edited by samkps: Mar 16 2016, 02:45 PM
samkps
post Mar 16 2016, 03:57 PM

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QUOTE(eXTaTine @ Mar 16 2016, 03:41 PM)
Only applicable for properties under HDA. For commercial props, which EC is, you can issue VP without CCC.
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True enough, this is because there is no definitive law governing the non-HDA project such as EC, and the right of the buyer mostly rely on the non-standard SPA of the deal. Any dispute case need to settled in civil court rather the tribunal court for HDA project.

But as I said, if a developer would like to do the VP without the CCC (which currently no definitive law not allow them to do so for non-HDA project), I am pretty sure something fishy is going on, either forced VP to avoid LAD (for HDA project follow the date of CCC while for non-HDA project, presumably follow the VP date) or the developer want to claim the final disbursement from the bank for cash flow purpose.

This post has been edited by samkps: Mar 16 2016, 04:06 PM
samkps
post Mar 16 2016, 04:00 PM

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QUOTE(kinnasai @ Mar 16 2016, 03:55 PM)
Haha, why wait until 50%? when you purchase, can issue VP already.......
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They can if they want to, all depend on the clauses inside the non-standard SPA of the deal. biggrin.gif
samkps
post Mar 16 2016, 04:24 PM

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QUOTE(xtracooljustin @ Mar 16 2016, 04:05 PM)
Yes, if only we are privy to the SPA used for this property. Then we'll be able to find out can issue VP without CCC.

Anyway, the normal purchasers are also not privy to the CCC, as architect only issue CCC to the local authority, client (Dev) and LAM. So purchasers typically can only rely on the cc copy of certificate of stage completion that they receive during billing. Not sure if Mr Lim received the cc copy of the CCC or did he go to local authority and check.
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As shared by other forummers here, it seems like this project already gone through the VP stage through "Aku Janji" method (non-standard approach) without the need of CCC compliance for the time being.

This is critical for the purchasers, as the bank may already released the final payment and installment started, while the unit still can't be occupied due to the lack of CCC.


samkps
post Mar 16 2016, 04:53 PM

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QUOTE(Summer7403 @ Mar 16 2016, 04:42 PM)
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.
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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?

samkps
post Mar 16 2016, 04:56 PM

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QUOTE(Ero-Sennin @ Mar 16 2016, 04:35 PM)
that AKU JANJI DI CAPATI letter cannot pakai one la...boh standard
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What to do, non-HDA means for non(boh) - standard mah.. biggrin.gif
samkps
post Mar 16 2016, 05:20 PM

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QUOTE(Summer7403 @ Mar 16 2016, 05:05 PM)
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.
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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.
samkps
post Mar 16 2016, 05:28 PM

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QUOTE(Summer7403 @ Mar 16 2016, 05:22 PM)
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.
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This is indeed a complicated case, what will happen if the CCC only obtained more than 6 months after VP? DLP still prevail?

If the developer fail to complete the defect within 30 days, what is subsequent stage? For this non-standard SPA, is there any stakeholder sum retained by the lawyer?
samkps
post Mar 16 2016, 05:30 PM

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QUOTE(nookie188 @ Mar 16 2016, 05:12 PM)
actually can confirm that the instalments have already commenced for some EC buyers ..besides maintenance payments.
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Seriously, this is a true buyers being victimized case for a non-HDA project, where there is no law able to protect them. doh.gif doh.gif
samkps
post Mar 16 2016, 06:54 PM

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QUOTE(Summer7403 @ Mar 16 2016, 05:37 PM)
Which is why I'll be doing my defects very soon. If there's no door, i will write no door. DLP 6 months from VP is written in my SPA. I'm not sure if all blocks sold have the same clause.

It does not matter when you obtained the CCC when comes to DLP. Based on the SPA alone, you have to lodge in the defects in writing within 6 months from VP.

So far, I've not gotten much information on what I can do if defects not completed within 30 days. Shall update once the issue arises.
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Seriously, if I were the purchaser, I would not feel comfortable to enter my unit to do the defect inspection by knowing that the unit is yet to obtain a CCC. What would happen if accident happen? In addition, before the CCC, presumebly there will be no water/electricity supply, how to do defect checking such as leakage on piping if these utility is not in place?

Furthermore, if the unit condition is as those stated in the picture, how defect inspection can be done when the unit itself is not completed? rclxub.gif
samkps
post Mar 21 2016, 03:25 PM

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"Learn" new thing from non-HDA project from this developer..

Can VP lower floor with CPC without CCC, upper floor still have ongoing construction.. Developer really win liao.. sweat.gif
samkps
post Mar 22 2016, 11:09 AM

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QUOTE(shinchan^^ @ Mar 22 2016, 10:13 AM)
what does it mean by Project sakit?
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Projek Sakit : Projek yang mengalami kelewatan melebihi 30% berbanding kemajuan yang sepatutnya atau telah tamat tempoh Perjanjian Jual Beli (PJB).

http://ehome.kpkt.gov.my/index.php/pages/view/79

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