The uncertain state of affairs was laid to rest when the 1989 Regulations were amended in August 1994. As the law stands today, a purchaser has the right to receive vacant possession of a completed house within the stipulated period, but with no guarantee of when water and electricity will be made available to the premises. The developer is only required to ensure that water and electricity supply is “ready for connection”.

The term “ready for connection” has been expressly defined in the amended regulation as follows:
a) Water and electrical fittings have been installed by the developer;
b) Fittings have been tested and commissioned by the appropriate authority; and
c) Supply is available for tapping into individual houses.

Apart from water and electricity, there is the perennial problem involving the issuance of Certificates of Fitness for Occupation (CFs). Common sense says that it is meaningless for a purchaser to receive the keys to his new house (after receiving vacant possession) if CF is not attained.

Local authorities invariably take the stand that for as long as CFs have not been issued, connection of water and electricity to the premises will not be permitted.

Thus, it is on record that in 1993, the Selangor Waterworks Department publicly announced that no water would be connected to the housing units in phase two of Taman Pandan Mewah, Ampang, Selangor, until CFs were issued by the local authority.

The department director was quoted as saying that “The only way for them to get their water supply is to produce the Certificates of Fitness” (New Straits Times, Dec 28, 1993).

If we review past judicial decisions, we can note that the Courts have not been of much help to purchasers when it comes to CF.