Self-certification versus private certification doctrines on the issuance of the certificate of completion and compliance for buildings in Malaysia

Abstract

The expansion of the scope of self-certification marks the intention of the Malaysian Government to replace the Certificate of Fitness for Occupancy issued by the local authorities (LA) with the Certificate of Completion and Compliance, in the hope that the delivery system can be improved, the unnecessary layers of bureaucracy can be cut and that the alleged rampant acts of gratifications in the LA can be checked. This move can be viewed as a proactive step by the government to reform the system of building control by providing an opportunity for self-regulation by the construction industry. There are, however, unanswered questions to be looked into in sufficient depth as the new system is being adopted. One fuzzy area is the question of independence of the 'principal submitting person' empowered to self-certify completion and compliance of works. Lessons from the UK can be learned in addressing the issue of the independence of certification. The doctrine of private certification practised in the UK is examined and recommended to be adapted in order to complement the self-certification doctrine. It is posited that the LA should still retain the role of approving authorities. © 2008 PALGRAVE MACMILLAN.