LEMBAGA ARKITEK MALAYSIA

Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50582 Kuala Lumpur
Peti Surat 12695, 50786 Kuala Lumpur, Tel: 03-26982878 / 26967087 Fax: 03-26936881
E-Mel: [email protected], Web: www.lam.gov.my

GENERAL CIRCULAR NO. 2/2017

(Amendment 2017)
GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD
SALE AND PURCHASE AGREEMENT FOR LAND AND BUILDING
[Schedule G of the Housing Development (Control and Licensing) Regulations 1989]

GUIDELINES ON THE THIRD SCHEDULE [CLAUSE 4(1)] OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING
[Schedule H of the Housing Development (Control and Licensing) Regulations 1989]

The Ministry of Housing and Local Government had, on 1 June 2015, gazetted the
Housing Development (Control and Licensing) (Amendment) Regulations 2015 [P.U. (A)
106/2015] which shall be deemed to have come into operation on 1 July 2015.

Since the enforcement of the new amendment, many queries have been received by the
Board on the percentage changes for the different stages of works.

The Board has amended its Guidelines on the Third Schedule [Clause 4(1)] of the Standard
Sale and Purchase Agreement For Land and Building (SCHEDULE G) and Sub-divided
Building (SCHEDULE H) to reflect the changes in the percentage. The Board has also taken
the opportunity to make some clarification on the description of works that must be completed
for some of the stages.

This General Circular replaces the current General Circular No. 3/2008 pertaining to the
above Guidelines. For any Sale and Purchase Agreement signed prior to 1 June 2015,
General Circular No. 3/2008 is still applicable.

All Architects are advised to be familiar with and abide strictly to these Guidelines
before certifying works in respect of housing projects undertaken in West Malaysia. In
respect of housing projects in Sabah and Sarawak, works should be undertaken in
accordance with the relevant laws. In the absence of any specific guidelines in respect of
works in Sabah and Sarawak with regard to details of works that must be completed,
Architects should refer to the attached Schedules.

LAM wishes to remind all Architects that all wrongful certification shall be taken as a serious
offence under the provisions of the Architects Act 1967.

Thank you.

By Order of the Board of Architects Malaysia,

(Ar. YONG RAZIDAH RASHID)

Registrar

25 May 2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]

Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

2(a) The work below ground * All foundation works below * Retaining walls if it is not
level of the said the lowest floor level part of the foundation
Building comprising the
said Parcel including - Piling and pilecaps * Backfilling
foundation of the said (if any)
Building * Lowest floor slab if it is
- Raft slabs (if any) not part of the foundation

(10%) - Footings (if any) * Ground beams

- stumps (if any) * Services

where applicable of the said

building comprising the said
Parcel.

2(b) The structural * All primary structural * Non-structural ground floor

framework of the said elements above lowest floor slabs with or without BRC
Parcel level including:
* Wall stiffeners and lintols
- Beams
(15%) - Columns * Non-structural or supporting
- Suspended Slabs R.C. works e.g. hoods,
- Structural walls aprons, gutters, parapet
(if any)
* Staircases including that in
where applicable of the said the common area
Parcel.
* R.C. walls (that do not form
* Retaining walls forming part part of the structural
of the structural element to framework)
the Parcel (if any)

Gen. Circular 2/2017 - Sub-Divided Building - 9/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]

Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

* All non-structural walls * Metal frames

within the said Parcel
2(c) The walls of the said
* Installation of door leaves,
Parcel with door and
* All party walls inclusive of windows (fixed or openable)
window frames placed
wall stiffeners or louvres
in position
* Timber door and window * Parapet walls, boundary
frames where there are no walls and fence walls
(10%)
subframes
* Closing up of temporary
* All frameworks for dry openings left in walls for
partitioning excluding lining constructional purposes
of partition
* Timber door and window
frames where sub-frames
are provided

* Roof framings, roof * Ceiling boards or panels

coverings and flashings to
2(d) The roofing/ceiling,
the said Parcel (if any) * Switch boxes, socket outlets,
electrical wiring,
switches and electrical
plumbing (without
* Bare ceiling soffits of the fixtures and fittings (if any)
fittings), gas piping
floor slab to the Parcel
(if any) and internal
above * Sanitary fittings including
telecommunication
sinks, taps, basins, bath
trunking and cabling to
* All electrical wirings within tubs and shower heads
the said Parcel
the said Parcel
* Hot water heaters
* All water piping including
(10%)
bends and joints within the * Water tanks
said Parcel
* Rain water downpipes and
* All sanitary piping including gutters
bends, joint and traps
within the said Parcel * Window hoods

* Gas piping (if any)

including joints and valves
within the said Parcel

* Telephone trunking (if any)

and cablings (if any) within
the said Parcel

Gen. Circular 2/2017 - Sub-Divided Building - 10/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]
Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

* All plastering or skim * Closing up of temporary

2(e) The internal and coating where specified to openings for construction
external finishes of the all walls soffits of purposes
said Parcel including suspended slabs (if any),
the wall finishes beams and columns * Door and window panels
* Wall tiles and other wall
(10%) finishes (if any)

* All linings/boards/panels to
framed partitions and/or
ceiling (if any)

* All floor finishes.

* Painting to internal and

external walls, floors and
ceiling (if any)

2(f) The sewerage works * Sewerage works including * Testing and commissioning
serving the said manholes from the Building
Building containing the said Parcel * Water and electricity
connected to a completed connection
sewerage treatment system
(5%) (The treatment system may Note :
be permanent or temporary Please refer to the diagrams
as approved by the relevant on Pages 16/16 for illustration.
authority)

2(g) The drains serving * Drains and main drains * Metal gratings and covers
the said Building connected to the outfall over drains
(The alignment of the
drains and the outfall may
(2.5%) be permanent or temporary
as approved by the local
authority)

Gen. Circular 2/2017 - Sub-Divided Building - 11/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]
Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

2(h) The roads serving * Paved road (i.e. Premix * Footpaths and roadside
the said Building and/ or Concrete imprint tables
and/or pavers and/or any
road with any other finishes * Final wearing course to
(2.5%) as specified in the pre-mixed roads or final
approved plans) leading to varnishing for the finishes
the Building containing the to any other type of paved
said Parcel from an roads where applicable
existing road. The
alignment of the road may * Road markings and
be a permanent or signage
temporary access
approved by the local
authority.

* Permanent roads (i.e.

Premix and/ or Concrete
imprint and/or pavers
and/or any road with any
other finishes as specified
in the approved plans)
around the Building
containing the said Parcel

* Entrance culverts serving

the Building

* Kerbs (if any)

Gen. Circular 2/2017 - Sub-Divided Building - 12/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]

Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

(3) On the date the * All other works inclusive but * Electrical, water, sanitary
Purchaser takes vacant not limited to all items not and other loose fittings
possession of the said completed in Stage 2(a) to and fixtures
Parcel with water and 2(h).
electricity supply ready (Refer to Para 8 of
for connection * External works including Supplementary Notes)
perimeter fencings, gates
and turfing (if any) * Minor defects
(17.5%)
* Electrical wirings, water and * Electrical and water meters
sanitary piping services
completed and ready to
Architect does not need to receive supply
issue any certificate for this
Stage but before the * Water and electricity supply
Developer can effect vacant available and ready for
possession, the Certificate of connection for tapping into
Completion and Compliance the said Parcel
shall have been issued by the
Architect as the Principal * The TNB sub-station should
Submitting Person. be energised or alternative
electricity supply by TNB is
The Developer is also required provided.
to comply with Clause 27
‘Manner of delivery of Vacant * All external electrical cablings
Possession’ of Schedule H from sub-station to the unit
must be completed with
supply

* Sewerage treatment plant

shall be serviceable

* Water reservoir (if

applicable) is operational

* Closing up of temporary
openings for construction
purposes.

Gen. Circular 2/2017 - Sub-Divided Building - 13/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]

Schedule of Payment of
Description of Construction Description of Construction
Purchase Price under the
Work That Must Be Work That Need Not be
Third Schedule of the S & P
Completed For Certification Completed For Certification
Agreement

(4) On the date the * The separate strata title

Purchaser takes Vacant relating to the said Parcel
Possession of the said has been issued by the
Parcel as in item 3 where Appropriate Authority
the Developer has
executed and delivered to
the Purchaser or the
Purchaser’s Solicitors the
instrument of transfer in
favour of the Purchaser
together with the original
issue document of strata
title to the said Parcel.

(2.5%)

Architect does not need to

issue any certificate for this
stage.

Gen. Circular 2/2017 - Sub-Divided Building - 14/16

25.05.2017
 SCHEDULE H

GUIDELINES ON THE THIRD SCHEDULE (CLAUSE 4 (1)) OF THE STANDARD

SALE AND PURCHASE AGREEMENT FOR SUB-DIVIDED BUILDING

[SCHEDULE H OF THE HOUSING DEVELOPMENT

(CONTROL AND LICENSING) (AMENDMENT) REGULATIONS 2015]

SUPPLEMENTARY NOTES

1.0 Certification of stage completion by the Architect is required in the Standard Sale &
Purchase Agreement (SPA) specified under the Housing Development (Control &
Licensing) (Amendment) Regulations 2015 to enable the Developer to request payment
from the Purchaser. The stages of completion are set out in the Third Schedule of the SPA.

2.0 These guidelines set to define as comprehensively as possible the work that must be
completed at each stage before certification. They also clarify the work items that need not
be completed for reasons of construction sequence, practicality etc. However, the work
items deferred would need to be completed at a later stage, depending on the logic of
construction. For example, in Stage 3 all temporary openings for construction purposes must
now be completed.

3.0 For all constructional systems other than the conventional framework, the developer should
refer to the Controller of the Ministry of Housing and Local Government for modification
[Refer to Clause 11(3) of the Housing Development (Control and Licensing) Regulations
1989].

4.0 “Building” refers to the structure (containing the said Parcel) which has been approved by
the local authority referred to in the preamble of the S & P Agreement and is capable of
obtaining a certificate of occupation (Final or Temporary) from the approving authority upon
its completion.
5.0 Architects are recommended to observe the following before commencement of
construction work :

5.1 Request for a copy of the Sale & Purchase Agreement including all schedules as
specified in the S & P Agreement of each housing type to be sold in the development
for which certification is required.

5.2 Check the details specified in the Sales Brochure approved by the Ministry of Housing
& Local Government to ensure they correspond to the specifications in the building
contract. The check list shall include the approved layout plans, the building plans and
the specifications of the houses. These details must also conform to those specified in
the Fourth Schedule.

5.3 Check that the above corresponds to the approved Building Plan which is cited in the
preamble of the S & P Agreement.

5.4 Request the Developer to advise on any deviations in the Sale & Purchase Agreement
from the Standard Sale & Purchase Agreement and also of any special conditions
imposed by the Ministry of Housing on the development.

Gen. Circular 2/2017 - Sub-Divided Building - 15/16

25.05.2017
 SCHEDULE H
5.5 Establish with the Developer the time frame for certification, to be on a monthly basis
or fortnightly basis or when requested by the Developer.

5.6 Establish the quantum of units to be certified, to be block by block, floor by floor or
parcel by parcel. It will be very time consuming for the Architect to be certifying on
a parcel by parcel basis and it is recommended that there be a set minimum
number of parcels for each certification.

6.0 Inspections must be carried out before certification.

7.0 The Architect shall request the Engineer for the project to confirm in writing his concurrence
with the satisfactory completion of Stages 2(a), 2(b), 2(d) where applicable, 2(f), 2(g) and
2(h) before he certifies.

For stage 2(b), it is prudent for the Architect to wait until the side formworks are removed to
visually ensure that there are no major honeycomb/defects on the structure before
certification.

For stage 2(c), the Architect shall ensure that the openings are properly formed to receive
the metal frames and completed with lintols (where applicable) before this is certified.

For stage 2(f), there may be instances where there is no sewerage treatment plant and the
sewerage works from the scheme is connected to an existing public main as approved by
the relevant authority.

8.0 In view of the rampant vandalism and theft of loose fittings experienced in most of the sites,
at Stage 3, should the developer desire for the electrical, water, sanitary fittings and fixtures
to be deferred until the purchaser moves in to minimise theft and vandalism, these items
need not be fitted subject to the following :-

(a) Prior consent from the purchasers to be secured by the developer. However, in the
event prior consent from the purchasers are not secured, an undertaking letter from
the developer to hand over these loose fittings/fixtures to the purchasers and to
install them as per purchasers’ request shall be secured prior to certification.

(b) The list of deferred items shall be stipulated clearly in the vendor’s notice requesting
the purchaser to take possession of the said property.

(c) The deferred items shall only include loose fittings/fixtures such as w.c. seat cover,
tap fittings, shower rose, manhole cover, m.s. gratings, ELCB fuse switches, which
can be easily removed. Items such as w.c, basins, sink, switch and power sockets
are not considered as loose fittings/fixtures.

(d) All these loose fittings/fixtures are already available at the site before certification.

Gen. Circular 2/2017 - Sub-Divided Building - 16/16

25.05.2017