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THE
VOL.56
SEPTEMBER 2013
INGENIEUR
M A G A Z I N E O F T H E B O A R D O F E N G I N E E R S, M A L A Y S I A

Housing for Persons


With Disabilities
IBS Roadmap Review &
The Way Forward
Eco-Friendly houseS in
Janda Baik
REIT Management & THE
PIVOTAL ROLE OF THE REIT
MANAGER

NEWLY EMERGING
METHODS OF CONTRACT
PROCUREMENT IN MALAYSIA

housing for ALL


ai
Personal Financing-i
INGENIEUR
Wit
Per B ank h
so Is
all t nal F lam
e co inanc
hes
uld ing
b e yo
urs.
-i
..

Visual is only for illustration purpose only

Habib Jewels Vouchers


worth up to

to be won
Apply for Bank Islam Personal Financing-i from 15 July - 14 October 2013.
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Personal Financing-i Floating Rate Schedule


TENURE 1 2 3
TENURE 4 6 8 10
AMOUNT KPA - 1.70% AMOUNT KPA -0.40%
30,000 2,566.85 1,314.80 30,000
897.78 707.31 500.02 397.17 336.08
50,000 4,278.08 2,191.33 50,000
1,496.30 1,178.84 833.37 661.95 560.14
70,000 5,989.32 3,067.86 70,000
2,094.82 1,650.38 1,166.72 926.73 784.19
90,000 7,700.55 3,944.40 90,000
2,693.34 2,121.92 1,500.07 1,191.51 1,008.25
100,000 8,556.17 4,382.66 100,000
2,992.60 2,357.68 1,666.75 1,323.90 1,120.28
150,000 12,834.25 6,573.99 150,000
4,488.90 3,536.53 2,500.12 1,985.85 1,680.41

DOCUMENTS REQUIRED
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6
aii VOL
VOL 56
55 SEPTEMBER
JUNE 2013 2013
1
INGENIEUR

CONTENTS
8

6 President’s Message 19 IBS Roadmap Review & The


Way Forward
BEM News
8 BEM 40th Anniversary Dinner Update

9 Publication Calendar 26 New Model Of One Stop


The Ingenieur e-magazine Centre To Ease Issuance Of
on Smartphones & iPad Construction Permits
10 Highlights of BEM 40th 30 Are Professional Engineers
Anniversary Dinner more accountable with the
implementation of CCC?
Cover Feature
14 Housing for Persons with
Disabilities

46

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Special Feature
33 Green Building Index & Green
Housing
37 Green IBS: A Design Concept of
Divergent Dwelling System

Project Report
46 Eco-Friendly Houses In Janda Baik
52 Thinking & Building “Green”

Investment
59 REIT Management & Pivotal Role of 52
the REIT Manager

Engineering & Law


65 Disciplinary Hearing – Case Study
68 Newly Emerging Methods Of
Contract Procurement in Malaysia

Photo Feature
74 Dala Bamboo Village, Myanmar -
Temporary Homes After Cyclone

Engineering Nostalgia
79 The Causeway

74 14

3
INGENIEUR

THE BOARD OF ENGINEERS


LEMBAGA JURUTERA MALAYSIA
MALAYSIA (BEM)
BOARD
ARD
ORIAL BOARD

BOARD OF ENGINEERS MALAYSIA


2012-2013
BO

PRESIDENT EDITORIAL BOARD


EDITORIAL

YBhg Dato’ Seri Ir. Hj. Mohd Noor bin Yaacob


EDITORIAL

ADVISOR
BOARD MEMBERS YBhg Dato’ Seri Ir. Hj.Mohd Noor bin Yaacob
YBhg Datuk Ir. Hj. Ahmad Husaini bin Sulaiman
EDIT

YBhg Dato’ Ir. Dr Johari bin Basri CHAIRMAN


YBhg Datuk Wira Ir. Md Sidek bin Ahmad YBhg Dato’ Prof. Ir. Dr Hassan bin Basri
YBhg Dato’ Ir. Abdul Rashid bin Maidin
YBhg Dato’ Prof. Ir. Dr Hassan bin Basri EDITOR
YBhg Datuk Ir. John Anthony Ir. Fong Tian Yong
Ir. Zuraimi bin Haji Sabki
Ir. Prem Kumar M Vasudevan EDITORIAL MEMBERS
Ir. Dr Abdul Majid bin Dato’ Abu Kassim Prof. Ir. Dr K S Kannan
Ir. Prof. Dr Wan Mahmood bin Wan Ab Majid Ir. Prem Kumar
Ir. Choo Kok Beng Ir. Chan Boon Teik
Ir. Gopal Narian Kutty
Ir. Prof. Dr Lee Teang Shui PUBLICATION OFFICER
Ir. Vincent Chen Kim Kieong Pn Nik Kamaliah Nik Abdul Rahman
Ar. Mohamed Hafiz bin Mohd Hashim
Sr Nik Zainal Alam bin Hasan

SECRETARY
Ir. Ruslan bin Abdul Aziz

REGISTRAR
Ir. Hizamul-din bin Ab. Rahman

EXECUTIVE DIRECTOR
Ir. Ashari bin Mohd Yakub

The Ingenieur is published quarterly by the Board of Engineers Malaysia (Lembaga Jurutera Malaysia)
and is distributed free to registered Professional Engineers.
The statements and opinions expressed in this publication are those of the writers.
BEM invites all engineers and readers to contribute relevant articles and views to the Publisher.
PUBLISHER
Lembaga Jurutera Malaysia
Tingkat 17, Ibu Pejabat JKR, Jalan Sultan Salahuddin,
50580 Kuala Lumpur.
Tel: 03-2698 0590 Fax 03-2692 5017
e-mail: publication@bem.org.my
website: www.bem.org.my
DESIGN AND PRODUCTION: Inforeach Communications Sdn Bhd
PRINTER: Art Printing Works Sdn Bhd

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INGENIEUR

MESSAGE
GE
President’s Message

PRESIDENT’S MESSA
Housing for All Mov
T
T
he topic of housing affordability has become professionalism to a higher level as consumers
a hot topic lately, although it is not something nowadays are more effluent, knowledgeable and
new. The coming National Budget session Mobility in any region remains one of the ke
demanding.
has also attracted more views from the public and With more high-rise housing near hill
impetuses for the economic development of a
the industry on this issue. Housing affordability slopes being constructed in urban areas due to
can be complex as it involves land availability nation.
land scarcity, In spitehave
engineers of an impressive
to be more prudent network of 63,445
or scarcity, demographic profile, household in theirkm roadsupervision
design, infrastructure, the Malaysian
and certification of Governmen
income, housing standards, Government housing completion of such structures. The few building
still choses to identify Urban Public Transport a
policy, perception of quality, demand and supply failures on hill slopes around the Klang Valley
one of six National Key Result Areas (NKRA) in the
equation and loan policy. Government strategy that had drawn public attention and negative
has been evolving since the First Malaysian Plan Economic
perception should not Transformation
be repeated. Programme. The
where housing was named as a priority concern. importance
The Board intends accorded to the movement
to publish more of masse
The task of providing sufficient affordable housing commercially-related
efficiently and articles in The Ingenieur
affordably as
is understandable given
has been expanded to several agencies such as it is important for engineers to be connected to
National Housing Department, SPNB, PR1MA,
the current densely populated business district
the industry since their works are closely linked
state agencies, etc. with it.sprouting
The article in on
the“REIT
Greater Kuala Lumpur region and
Management”,
The housing development sector is an which is other
a new conurbations.
trend, should provide some
important industry for Malaysia. It drives many good insights The in the mechanics
overall of the REITsystem has been
transportation
downstream industries that engage a large market. In order to encourage more engineers to
number of tradesmen, professionals, financial
structured more strategically to meet highe
contribute articles since many of them have good
institutions, material manufacturers and passenger
encounters demands,
with interesting safety
projects, and convenience. The
we selected
suppliers, contractors and sub-contractors; new
an article Master
on “Dala PlanVillage,
Bamboo on transportation
Myanmar” to have set new
and scores of supporting industries. Against show a direction
simple write-up, but with many illustrative
and future growth pattern as usefu
this background, all housing development will photographs to prove the point. After all, a
require the consultancy service of Professional
reference for planners and traffic engineers. In thi
picture speaks a thousand words. I hope more
Engineers. Although engineers have generally engineerspublication,
will be motivatedthetointerview with CEO of SPAD, a
contribute articles
done well in their contribution to infrastructure relatively rate
as the contribution newagainst
entitythebutbigholding
number of high responsibilit
works, building structures and M&E supporting engineers is relatively low.
provides some first-hand information on it
services, the Board of Engineers has received
complaints on housing construction quality. challenges
Dato’ Seri Ir.and direction
Hj. Mohd in Yaacob
Noor bin achieving its objectiv
The time has come for engineers to uplift their of a safe, efficientPresident,and cost
BEM effective land
transportation system that is vital to propel Malaysia
to a developed nation by 2020. In recognition o
6
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iconic project namely the Second Penang Bridge
should interest the readers with its state-of-the-ar
7
INGENIEUR

BEM 40TH
ANNIVERSARY
By Yang Berhormat Datuk Haji Fadillah Bin Haji Yusof
Minister of Works, Malaysia
BEM NEWS

This is the text of the speech by the The success story of Malaysian engineers
Minister of Works Malaysia at BEM’s 40th is not confined to our own shores. We also have
Anniversary Dinner held on July 7, 2013 at many success stories overseas. In all, there are
the Majestic Hotel, Kuala Lumpur. 115 Malaysian companies currently engaged in
construction in 50 countries around the globe

L
et me begin by congratulating the President, which reflects our capabilities in competing and
Board members and all registered engineers providing engineering and construction services on
of the Board of Engineers Malaysia on this par with the best.
40th Anniversary celebration of the establishment In fact, the contribution of engineers and good
of the Board of Engineers. A person’s 40th age, engineering practices have played a significant role
has been described as their golden age as this in improving the nation’s productivity. The Malaysia
is the time when they are supposed to have Productivity Corporation (MPC) reported that in
gained maturity in their career and have acquired 2011, the economy recorded productivity growth of
knowledge and experience. Likewise, I see BEM 4.6%. The productivity growth of the construction
as a matured professional body ready to take on sector grew by 3.1% in the same period. This
new challenges in tandem with the nation’s march growth was supported by active construction
towards becoming a fully developed nation by activities especially in the Greater Kuala Lumpur
2020. region. The implementation of the Industrialised
Building System (IBS) in major projects was the
Ladies and Gentlemen, major contributor to the overall improvements
The nation recognises the contribution of engineers in productivity of the construction sector. That
since independence. The Malaysian engineers who being said, it is imperative that we continue to
took over from the British, laid the foundation strive for higher productivity and enhance our
for an improved network of roads, water supply, competitiveness in all projects that we undertake.
irrigation systems, health facilities, sewerage Ladies and Gentlemen,
systems, power installations, telecommunication As you are aware, the Engineers Act is being
and municipal infrastructure. These were the amended to prepare the nation for liberalisation
basic requirements of a new nation that was and international competition. The proposed
progressing from an agriculture-based economy, amendments allow for the mobility of engineers
to an industrial, knowledge-based and innovative among signatories of the Washington Accord. In
economy that we enjoy today. this, I see more gain than pain for our engineering
Succeeding generations of Malaysian professionals. Judging from the performance of our
engineers have continued to make the nation engineers since independence, I am confident that
proud by building world class infrastructure you are well placed to leverage on the resources
and facilities. We have constructed world class that you have at your disposal to penetrate
buildings, bridges, expressway systems, light effectively into the ASEAN market, which boasts
transit systems, airports and ports. some 580 million people.

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Ladies and Gentlemen, Nevertheless, recent construction project
Tonight’s dinner theme, “Transforming the nation mishaps serve as a timely reminder on the
and innovating for a sustainable future” is most need to be vigilant and to maintain professional
apt as engineers do play a major role in a nation’s standards and accountability at all times. Quality
transformation. Engineers are innovative people and quality control of the production process are
due to training and work requirements. I encourage
never ending tasks. In this regard, I urge BEM to
you to expand your R&D activities and develop
play an active role in ensuring that its members
innovative products and services to meet the
perform to the highest engineering ethics and
needs of the world market.
In this context, I am pleased to learn that standards.
a team of engineers and architects in the private
sector have developed the Malaysia Green Building Ladies and Gentlemen,
Index (GBI) with the objective of conserving energy Before I conclude, I would like to thank the
and protecting the environment. I understand that organizers for inviting me to join you in celebrating
additional GBIs are being developed for other this 40th Anniversary Dinner. The engineering
categories of property development such as office fraternity has indeed come of age and it is time
buildings, residential buildings and even housing
the industry “Goes Global, Thinks Global, Acts
estates. It is a highly commendable initiative and
my Ministry stands ready to provide all necessary Global and Delivers to Global Standards.”
support. Thank you and I wish you a pleasant evening.

ANNOUNCEMENT THE INGENIEUR


E-MAGAZINE ON
PUBLICATION CALENDAR SMARTPONES & iPad
The Ingenieur is published THE INGENIEUR Vol. 55 June 2013 issue can
quarterly by the Board of now be read on smartphone as well as iPad.
Engineers Malaysia. The Read anywhere, anytime and share with your
following are the themes for colleagues and friends.
the coming issues. How to get the e-magazine?
DEC 2013 -
MANAGING WATER Mobile Version  - Scan the QR Code
MARCH 2014 -
ICT CONVERGENCE

Articles and editorial contributions relevant to


the themes are welcomed, but the decision to
publish rest with the Editorial Board. Native iPad/iPhone Version – Get the free Apps
The e-magazine may be viewed natively on iPads
Advertising inquiries are also welcomed. Please and iPhones using the Joomag Apps. Download for
refer to the BEM advertisement in this issue for free.
the latest rate card and booking form.

Download

9
INGENIEUR

Highlights
of BEM 40th
Anniversary
BEM NEWS

Dinner

Arrival of Minister of Works Arrival of Deputy Minister of Works

Speech by BEM President Speech by Minister of Works

The Board of Engineers Malaysia (BEM) hosted YBhg Dato’ Seri Ir. Hj. Mohd Noor bin Yaacob and
its 40th Anniversary Dinner on July 7 2013 at the past Presidents of BEM.
Majestic Hotel, Kuala Lumpur. The Dinner was held The highlights of the celebration included
to both celebrate and appreciate the tremendous the launching of the BEM Personalised Corporate
achievements and contributions of the engineering Stamp and presentation of certificates of
fraternity towards nation building. Organised once appreciation to the chairman, past chairmen
in every 10 years, it was a grand event with nearly and members of the Engineering Accreditation
1,000 guests gracing this special occasion. The Council (EAC) who were instrumental in Malaysia
event saw many familiar faces from the engineering being a Full Signatory of the Washington Accord
industry. by the Minister of Works. YBhg Dato’ Wira Ir.
Guest of Honour for the night was the Md Sidek Ahmad had the honour of receiving the
Minister of Works, YB Dato’ Hj. Fadillah bin Haji certificates of appreciation on behalf of the EAC
Yusof. Also at the dinner was the BEM’s President, members.

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Arrival of Guests

Presentation of Certificate of Appreciation for


achieving Full Signatory of the Washington Accord

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INGENIEUR

Launching
of BEM
Personalised
Corporate Stamp

Gift Presentation to Minister of Works

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haty) &
ah Ibrahim (K
y Dato’ Khadij
ance b
Performhmad Nawab
Dato’ A
Dinner

Departure of Minister of Works

Group Photo of BEM


Secretariat with YB
Minister of Works 13
INGENIEUR

Housing for
Persons with Disabilities
COVER FEATURE

By Dr Naziaty Mohd Yaacob, Senior Lecturer, University of Malaya and


Dr Nor Rasidah Hashim, Senior Lecturer, International University of Malaya-Wales

Housing for persons with disabilities in the low income bracket is a serious issue. On
a visit to a public housing project, the writers discover certain amenities missing and
some facilities are not accessible to the disabled or are poorly maintained.

W
hen we, as disabled Housing Policy Negara states, “In
UNIVERSAL DESIGN
persons have the general, housing development by
Universal Design1, originally a
financial means, we the private sector has fulfilled
term expounded by The Center
buy a desirable house or a the needs of high-income
for Universal Design at North
condominium right in the middle earners. However, the housing
Carolina State University,
of the city close to the best needs of the low-income and
comprises seven principles as
amenities and hotspots that medium-income earners,
follows: (1) Equitable use; (2)
the city provides. Many of us including those of persons with
Flexibility in use; (3) Simple
do spend a lot of money to live disabilities, the elderly, single
and intuitive; (4) Perceptible
near our workplace or near a mothers and squatters have
information; (5) Tolerance for
Government hospital because of not been met” (KPKT, 2013).
error; (6) Low physical effort;
the long-term health issues that Furthermore, the NGO, Beautiful
and (7)Size and space for
we are anticipating in retirement. Gate, finds that many disabled
approach and use. Before
Also it is not a coincidence persons and their families face
Universal Design, the terms
that many of us are in the civil serious problems in obtaining
usually used are Barrier-
service and have signed up for affordable and appropriate
Free Design and Accessible
a Government pension scheme housing due to poverty, non-
Design, where the three
to lessen the burden on our enforcement of building by-laws
factors of (1) Accessibility;
loved ones when we are in requiring access and facilities for
(2) Usability and; (3) Safety
need of hospitalisation. But for disabled persons as well as local
are emphasized, especially to
those of us with low income authority requirements that work
define the former.
and at the poverty level, the against disabled persons, e.g.
problem of getting affordable applicants have to be married under Public Housing Projects
and comfortable housing is but many disabled persons are (Projek Perumahan Rakyat or
very acute indeed. Housing for unable to find marriage partners. PPR in Malay) to persons with
persons with disabilities in the The Government is disabilities, with an option to
low income bracket is an even committed to provide for the choose the ground floor in the
greater issue as transportation needs of disabled persons. The case of walk-up flats and the
to work is problematic as well, Ministry of Local Government and first floor where lifts are provided
especially when the public Housing Act (1990 amendment) (UNESCAP, 2003).
transportation system is still notes that a building where On top of that, the Persons
inaccessible. the public can access should with Disabilities Act, which
The problem with lack provide facilities like ramps, came into effect in 2008 is a
of accessibility is widely parking for disabled persons clear signal of the Malaysian
acknowledged at various levels and toilets. The Ministry also Government’s commitment
nationally. In fact, the National provides 6% of special flat units to providing accessibility.

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Specifically, the accessibility During our visit, we pedestal-type toilet and be wider
principles that we need to surveyed one block in which and more spacious to enable
implement are required to follow we found there were four flats maneuvering.
those of Universal Design, which allocated for disabled persons There was one parking lot
means the design of products, on the first floor. These units allocated for disabled persons,
environments, programmes and differed from other units as located on the ground floor
services to be usable by all the entrance had ramps (Figure of the same block (Figure 2).
persons, to the greatest extent 1). The size of the doors for Interestingly, there was a chain-
possible, without the need for the units was also quite wide linked barrier placed across
adaptation or specialized design for wheelchair access and a the back of the accessible
and shall include assistive cursory glance inside showed open parking lot, presumably
devices for particular groups of the unit to have bigger corridor to obstruct the misuse of the
persons with disabilities where space. For an accessible three- parking space by other users.
this is needed. bedroom housing unit, one Although only one accessible
However, it is estimated bathroom should include the lot was visible as the floor is
that 1,000 single mothers and
disabled persons are now living
in Public Housing (Perumahan
Awam or PA in Malay) and PPR.
Clearly. much more needs to
be done in order to cater to
the needs of disabled persons
in this country as it is currently
estimated that there are as many
as 301,346 disabled persons in
Malaysia (Yeoh, 2011). At the
same time, it is also important
to monitor housing prices and
housing loans for disabled
persons so that the Government
efforts to provide housing for
disabled persons are not in vain
(SUHAKAM, 2012). Figure 1
To find out what is
happening on the ground, we
visited PPR Selayang Taman
Wahyu, near Jalan Ipoh, which
was designed and built to
comply with the Government’s
policy to integrate disabled
persons’ needs in low cost
housing in Kuala Lumpur. The
low cost housing was developed
and maintained by the Kuala
Lumpur City Hall to address the
accessibility needs of disabled
persons by allocating a few units
at the first floor level (there are
no units at ground level) near the
lift lobby. Figure 2

15
INGENIEUR
painted with the international
symbol of access, this does not
complement with the fact that one
housing block has four accessible
housing units. It is assumed that
the other three units housed
either elderly persons or disabled
persons who are not physically
disabled. The identification of the
lot with the chain barrier provided
by Kuala Lumpur City Hall was
installed after permission was
sought by the disabled person
living there and was not provided
in the beginning.
In order to get to the
Figure 3
accessible parking lot from the
lift (or vice-versa), a disabled
user would have to travel about
20 meters either on an uneven
pavement or on the road,
whilst having to negotiate the
motorcycles parked in his path
(Figure 3). After office hours and
in the evenings the disabled
person might have the accessible
route blocked by illegally parked
cars or double-parking that are
often found in low cost housing
areas. This is because the ratio
of housing unit per car park lot
is 1:1, not reflecting the reality
of parking needs.
Figure 4
Other findings that we wish
to share with our readers are as
follows:
1. The ramp outside the building
(next to the lift) is equipped
with a handrail at one side
of the ramp (Figure 4).
Handrails need to be fixed on
both sides to allow physically
disabled persons to use
either side as required.
2. The staircase had only one
set of rails which is not fully
accessible for persons with
physical disabilities, similar
to point 1 (Figure 5).
Figure 5

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3. The lift call buttons were
embossed with Braille
letterings but might be
difficult for a blind person
to feel as an anti-vandal box
was encased around the
buttons (Figure 6).
4. The drops at the main routes
were minimized and replaced
with ramps, which were well
designed (Figure 7). Usually
housing units that are not
accessible have too many
drops including main routes.
5. The lift was spacious – even
for someone on a motorbike
Figure 6
to use (Figure 8).
6. In the surveyed block, two
entrances (one on each
side of the block) on the
ground floor had ramps with
a gradual gradient but other
access had drops and steps
(Figure 9).
These findings call to
mind common issues plaguing
accessibility in the built
environment in this country (see
for example: Yaacob and Hashim
(2007; 2009) and Yaacob et al.
(2009).
Firstly, accessible features
are regarded as added-ons rather
Figure 7
than being planned as integral.
The usual way of design is to
have steps usually about 50,
75 or 100 mm high, which does
not make sense, as it is easier
access for everyone to have
no change of levels. The steps
usually crack and chip in the long
run and become unsafe to use.
For low cost housing, the finish is
the bare minimum with no colour
contrast making it unsafe and
easy to trip over or mis-step.
Low cost housing design
is fraught with the practice of
reducing the accessible features
Figure 8

17
INGENIEUR
or cutting costs such as having
only one rail at the side rather
on both sides. This is a basic
safety and accessible feature,
where a person with physical
impairments needs to use both
sets of railings, one side to go
up and another side to go down
the stairs. These features are
for all people and not only for
disabled persons.
Secondly, abuses of
accessible facilities are a real
challenge. For example, locking
or placing a chain at the entrance
of parking lot may prevent non-
Figure 9
designated user from using the
parking lot but this only signals REHDA and local authorities accessible facilities are added
a deeper problem, i.e. lack of should work together in this on to existing buildings, which
awareness of the community case. might not have been originally
about the needs of disabled Lastly, it is important designed for the use of persons
persons. Creating awareness to maintain the facilities and with disabilities, the renovation
and providing the knowledge amenities so as to ensure that may not solve the problem
about disabled persons’ rights these features are working well fully. Therefore, to implement
to the community should be in and are maintained properly. The Universal Design1 principles, it
tandem with providing facilities users should be provided with is imperative that accessible
and amenities. NGOs, disabled clear instructions as to who to facilities, amenities and services
persons organisations, housing contact in times of need. are planned at the earliest
developers’ agencies such as And in cases where possible stage.

References
1. Naziaty Yaacob, Nor Rasidah Hashim and Helena Aman Hashim. 2009. Achieving social equity by
addressing the needs of disabled people in heritage building conservation in Malaysia. The International
Journal of Environmental, Cultural, Economic & Social Sustainability. Vol. 5(4): 51-68.
2. Naziaty Yaacob & Nor Rasidah Hashim. 2009. Accessibility for Disabled and Elderly People In Malaysia:
Problems And Solutions. The Malaysian Surveyor. Vol. 44(2): 30-34.
3. Naziaty Mohd Yaacob and Nor Rasidah Hashim. 2007. Disabled people as Stakeholders in a barrier-
free built environment. The Ingenieur. 36: 60-63.
4. Persons with Disabilities (PWD) Act 2008, Malaysia.
5. Yeoh Joo Ai, Department of Social Welfare Malaysia, electronic communication with ESCAP dated 31
March 2011.
6. Beautiful Gate Foundation for the Disabled (BGFD). http://english.beautifulgate.org.my/important-
info/memorandum-on-disability-issues-for-the-9th-malaysia-plan/
7. Kementerian Perumahan & Kerajaan Tempatan (KPKT). 2013. National Housing Policy. http://www.
kpkt.gov.my/kpkt_2013/fileupload/dasar/DRN_BM.pdf.
8. Suruhanjaya Hak Asasi Manusia (SUHAKAM). 2012. Laporan Mesyuarat Bersama Agensi Kerajaan
Mengenai Hak Perumahan Wajar Dan Mencukupi. http://www.suhakam.org.my/c/document_library/
get_file?uuid=46250970-83ed-4d5d-baa8-87b039c4ba80&groupId=10124.
9. UNESCAP. 2003. http://www.unescap.org/sdd/issues/disability/policycentral/CountryProfiles/
Malaysia.doc.

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IBS Roadmap Review
& The Way Forward

COVER FEATURE
By Ir. Dr Zuhairi Abd Hamid
Executive Director of Construction Research Institute
of Malaysia (CREAM),
Ir. Dr Kamarul Anuar Mohamad Kamar
Manager of Construction Research Institute of
Malaysia (CREAM), and
Ir. Noraini Bahri
General Manager of Construction Industry
Development Board Malaysia (CIDB)

The writers review the second IBS


Roadmap 2011-2015 and call for
redefining IBS as practised in the country
due to low value-added. To move forward,
the industry should push for a higher
degree of industrialisation, value creation
and offer ‘green’ benefits.

B
etween the 1970s and 2000s, the term able to control even the tiniest details of a design
‘prefab’ gradually changed to Industrialised with precision and consistency. Nevertheless, not
Building System (IBS). According to the all builders are able to deliver projects using IBS.
Construction Industry Development Board (CIDB), This is due to the fact that the initial costs of the
IBS is defined as a construction technique in which site for manufacturing and heavy machineries are
components are manufactured in a controlled expensive while our labour is still comparatively
environment (on or off site), transported, cheap.
positioned and assembled into a structure To promote and encourage adoption of
with minimal additional site work. It consists of prefabricated construction or IBS, the Malaysian
precast component systems, fabricated steel Government through CIDB (together with the
structures, innovative mould systems, modular captains of the industry) formulated a masterplan
block systems and prefabricated timber structures called Industrialised Building Systems (IBS)
as construction components. Parts of the building Roadmap 2003-2010 and is currently on its
that are repetitive but difficult – and too time second IBS Roadmap 2011-2015.
consuming and labour intensive to be cast onsite
– are designed and detailed as standardised ROADMAP REVIEW
components at the factory and are then brought
to the site to be assembled. The onsite casting Two of the main objectives of IBS Roadmap 2011-
activities in IBS utilise innovative and clean mould 2015 are:
technologies.
The fundamental idea of IBS is to move onsite 1. To sustain the existing momentum of 70%
construction work to a controlled manufacturing IBS content for public sector building projects
floor. Therefore, the main advantage of using through to 2015
the IBS system is that there is a high degree of In November 2008, the Treasury Malaysia issued
quality control from start to finish. IBS should be a Treasury Circular Letter, now referred to as

19
INGENIEUR
SPP 7/2008, directing all Malaysian Government
agencies to increase the IBS contents of their PREFAB HISTORY IN MALAYSIA
building development projects (RM10 million and
above) to a level not less than 70 points of the IBS Prefab buildings in Malaysia started way
score and in that sense IBS must be incorporated back in the 1960s when Dewan Bandaraya
as part of the contract document for tender.  The Kuala Lumpur (DBKL) built the first prefab
decision was to create sufficient momentum for
flats in Jalan Pekeliling. About 22.7 acres
the demand for IBS components and to create a
spillover effect throughout the nation. The Ministry
of Education is the largest IBS construction
project buyer with the rapid construction of
secondary and primary schools, worth a total of
RM 2.4 billion. However, only 10% of 4,000
completed Government projects since 2008 have
used IBS as their construction method. This is
due to lack of monitoring from the Government
of contractors and their sub-contractors who
are not able to deliver IBS projects. Smaller
contractors tend to view IBS as a threat and not an
opportunity. Failure of the Government to create an
open system (to encourage participation of small of land along Jalan Pekeliling, Kuala
and medium components producers) has created
Lumpur was dedicated to the project
a monopoly of manufactures, thus increasing the
price of components and tender pricing. comprising seven blocks of 17 stories flat
consisting of 3,000 units of low-cost flat
and 40 shoplots. This project was awarded
2. To increase the existing IBS content to 50% for
to JV Gammon and Larsen and Nielsen
private sector building project by 2015
Residential projects such as flats, condominiums
using Danish System of large panel pre-
and terrace houses have high IBS potential due cast concrete wall and plank slabs. The
to their repetitive nature. The private sector built project was completed within 27 months
RM13.7 billion worth of these residential projects, from 1966 to 1968 including the time
compared to only RM1.8 billion by the public taken in the construction of the RM2.5
sector. If more of the private sector is convinced to million casting yard at Jalan Damansara.
adopt IBS, the resulting outcomes will be manifold.
The second prefab housing project
Based on a recent study by Construction
Industry Development Board (CIDB) the current initiated by the Government, comprising
uptake on IBS in private sector projects in Klang six blocks of 17-storey flats and three
Valley stood at 45%. This encouraging take up is blocks of 18-storey flats, was constructed
due to the fact that Kuala Lumpur City Hall (DBKL) at Jalan Rifle Range, Penang. The project
is mandating the use of IBS for building projects was awarded to Hochtief and Chee Seng
constructed in Kuala Lumpur. Iskandar Malaysia is
using French Estoit System. The project
another local authority that is currently imposing
similar conditions with a positive outcome.
utilised the large panel system which
The report discovered that high rise required large concrete panel cast in the
development and factory-like buildings tend to factory and transported to site on trailers
have higher adoption of IBS compared to landed for assembly. The speed of construction is
properties and small commercial units; and the much faster although the tendered price
adoption in Malaysia is client-driven rather than was slightly higher by 5% to 8%.
end-customer’s demand driven.

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On positive note, more private developers (b) Failure of Open System
have emerged as a champions of IBS including Based on the fundamentals of Open Building,
Sime Darby Property Sdn Bhd, Sri Pajam Sdn Bhd components are standardised and can be
and Zikay Group. Apart from that, companies such interchangeable in a skeleton – infill concept.
as Precast Product Sdn Bhd and Kim Lun Sdn Bhd However, the ideal state of having one common IBS
have successfully penetrating Singapore’s precast Open System for the whole industry is very unlikely
market. in the near future. This is because the industry
On the other hand, there is reluctance already has 160 IBS systems providers that cover
among the small private companies to take risks precast concrete frames, panels and blocks, steel
on IBS which is mainly due to cost and unstable frames, prefabricated timber frames as well as
market;and hence lack of investment. Another system formworks. Each system provider has
major barrier is the resistance from established invested heavily and not all systems or production
architects to use IBS. They are the hardest to facilities are easily adjustable or convertible.
convince to use IBS compared to smaller and less
established architects. (c) Lack of incentives to change to IBS
To date, more than 160 IBS manufactures Some may argue that the incentive in the form of
are registered under Assessment of IBS Status exemption of levy for projects with minimum IBS
Company (AIS) - certification or accreditation Score of 50% is too little. The effectiveness of the
of components companies and installers. It is offer is very unlikely due to the fact that the current
perceived that most manufacturers are single levy imposed on building projects is already low.
plant operators concentrated in selected states Initially the levy charged for construction projects
only, propagating its own proprietary system, not was at 0.25%. However, after the enforcement of
operating in full capacity and having difficulty the Economic Stimulus Package in 2003, it was
meeting the demands of contractors. It seems reduced to 0.125% and as for low, low medium and
that most locally developed products are based on medium cost housing projects, no levy is imposed.
traditional materials such as reinforced concrete Based on the 0.125% rates, say for a RM20 million
and most use innovative materials based on project, the levy to be paid to the Government is
imported technology. only RM250,000. The offer will only be attractive
To encourage open system and if the increase of cost due to the usage of IBS
standardisation, standard catalogue for IBS components is less than that value.
components has been published CIDB in 2012 and
standard joints for IBS components in currently (d) Skill Shortages
been developed by Construction Research Institute Currently there is a shortage of skilled on-
of Malaysia. site specialists for assembly and erection
of components and experienced IBS project
UNRESOLVED ISSUES managers who can plan and coordinate with
the IBS manufacturers. Some of the larger IBS
(a) Modular Coordination manufacturers are finding it very difficult to recruit
The introduction of Modular Coordination (MC) in people with IBS experience who can understand
the industry not only provides dimensional basis the construction process and be able to translate
for the coordination of dimensions and of those technical drawings to produce the required IBS
buildings incorporating them, but also acts as a components. In addition, the installation process
tool towards rationalization and industrialization of on-site requires skilled installers. There are a
the building industry. MC in buildings is not a new few options to train a skilled IBS installer. One
concept. It is well documented in the Malaysian way is through apprenticeship and working with
Standard MS 10064: Part I -10: 2001. However, contractors who are carrying out IBS projects. IBS
the use of MC in construction is still on voluntary courses carried out in training institutions such
basis and IBS proponents failed to include MC in as Akademi Binaan Malaysia and Pusat IBS are
the Uniform Building-By-Law (UBBL) as stipulated very short-term (approximately 3-5 days for each
in roadmap’s recommendation. module). The effectiveness of such courses may

21
INGENIEUR
be questionable and need to be re-examined in the in which various materials are joined to form a
context of creating IBS professionals to support component part of the final installation
the industry. 2. Mechanisation comes in whenever machinery is
employed to ease the workload of the labourer
RETHINKING AND REDEFINING IBS at factory or at site
3. Automation is a situation when the tooling
(a) Understanding the degree of industrialisation (machine) completely takes over the tasks
By comparison to the local definition, the term IBS performed by the labourer.
used in Malaysia covers a very wide scope which 4. Robotics comprise the ability of the same
includes the application of onsite systems. One tooling which has the multi-axis flexibility to
cannot distinguish it properly with conventional perform diversified tasks by itself. This follows
practice. While other terms used to represent the mass-customisation concept.
construction industrialisation often relate to 5. Reproduction implies that innovative processes
innovative solutions; the current definition and that are truly capable of simplifying the
scope of IBS defined by CIDB includes low- production process.
tech solutions and other common practices not Prefabrication aims at the location of the
substituting conventional practices i.e. block production whereas the next three degrees
works and formwork systems. Therefore, even if (mechanisation, automation and robotics) aim at
the large numbers of components in construction substituting labour with machines. Reproduction,
are to be fabricated under IBS, the construction is on the other hand, is a concept borrowed from the
still forever site-intensive handicraft. printing industry and it is an innovation capable
Rethinking the old processes is now critical if of simplifying the multiplier of complex goods and
the industry is to move forward in IBS. The industry delivering affordable, quality building to the vast
requires change management and business re- majority of people.
engineering to encourage new mindset. To move The Malaysian construction industry is
forwards, IBS needs to be redefined by looking into currently positioned at the prefabrication stage
the degree of industrialisation (Figure 1) and value (production of IBS pre-cast components). To reduce
creation (Figure 2) the extensive use of labour and create value
from IBS, the way forward for the IBS industry in
Malaysia is through the adoption of mechanisation,
automation, robotic and reproduction concepts
instead of prefabrication (IBS) alone.
But changing of the fundamental idea of IBS
is still needed for the industry to have a clearer
picture on IBS and in order to create value out of
it. If we still rely on IBS Score, it will not change
people’s perception of IBS, neither moving the
industry to next level nor encouraging innovation
such as robotics and automation. People will not
embrace IBS in a holistic way, but just substitute
Figure 1: Degree of Industrialisation (Roger Bruno brick to precast system, while IBS is about
Richard, 2005) ‘industrialising’ the whole processes. IBS needs
new paradigms and new way of doing things. The
Figure 1 explains the degree of ‘IBS is precast’ mentality will probably drag us
industrialisation. There are five degrees of downward.
industrialisation which are; prefabrication,
mechanisation, automation, robotic and (b) Redefining Industrialisation
reproduction. In initiating industrialisation, volume alone
1. Prefabrication is a manufacturing process that is not enough. Never before in the history of
generally takes place at a specialised facility, industrialisation, has introduction of products or

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processes or systems through industrialisation It is imperative that, IBS should move up the
depended on volume alone. Volume must degree of industrialisation from prefabrication to
come together with value. Nonetheless, unlike reproduction through innovation to create value.
manufacturing, automotive and telecommunication The mass-customisation concept which is vital
industries, which evolve and often innovate, the to an open building system agenda can only be
construction industry still uses mould systems achieved through the adoption of automation in the
and simple panel systems after 40 years of level of industrialisation. In conclusion, IBS in the
adoption for the sake of practicality and cost future should be mechanised and using robotics for
saving. By applying this, IBS has created no or little reproduction and it has to create value to clients.
value other than replacing wood mould with steel
or substitute panels to brick and mortar. Onsite THE WAY FORWARD
IBS mould systems or onsite panel casting pre-
cast system have been ‘over-rated’ by us as if it is (a) Creating Value - 3D Volumetric Construction
IBS at the most effective. Rarely do we hear about To create most value to customers and project
innovative panel and roof systems (that cool the implementers through industrialisation, one of
house), modular bathrooms and kitchens. Neither the most probable technologies is 3D volumetric
is the green component readily available in the construction. 3D Volumetric construction (also
market. known as modular construction) involves the
production of three-dimensional units in controlled
factory conditions prior to transportation to site.
Modules can be brought to site in a variety of
forms, ranging from a basic structure to one with
all internal and external finishes and services
installed, all ready for assembly.

Figure 2: IBS and Value Creation (CIB, 2010)

Figure 2 shows the value creation of


industrialised construction versus the type
of systems used, as well as the level of
standardisation. IBS can create the most
value when the product undergoes individuality,
integration and less standardisation in the form
of modular construction and integrated elements.
Increasing the individuality, content and spatiality
of modules results in a reduction in the series
sizes, while, on the other hand, increasing content
and spatiality adds more monetary value due to
rationalisation effects in the factory. Therefore,
the value creation of industrialisation can only
be established using robotised and automated
manufacturing process using 3D volumetric and
modular construction which is different from
current conventional practices. 3D Volumetric Construction

23
INGENIEUR
The benefits of 3D volumetric construction Controlled Production Environment
are listed below. IBS offers a controlled manufacturing
1. The casting of modules uses the benefits of environment with the ability to reach difficult
factory conditions to create service-intensive nooks and corners, which are often inaccessible
units where a high degree of repetition and a in regular in-situ construction. With the availability
need for rapid assembly onsite make its use of production tools, and permanent jigs and
highly desirable. fixtures, it is easier to control the workmanship
2. The use of volumetric construction has the of construction and tighter construction resulting
potential to reduce on site wastage by up to in less energy losses due to leakages (thermal
90%, compared to traditional construction leakage).
3. The enormous increase of population during
the last decades has generated intensive Minimize Waste
demand for houses. It is estimated that IBS traditionally has been known to minimize
Malaysia needs a total of 8,850,554 waste, with the ability to reuse material from one
houses between years 1995 to 2020, with module or product into another. However, several
an average of 1,790,820 units to be built aspects of planning both in terms of materials
for every 10 years. IBS in the form of 3D management and production management have
volumetric construction addresses issues to be monitored in order to achieve the waste
of fast track delivery. IBS can expedite the minimization benefits.
delivery of affordable housing currently been
championed by Perumahan Rakyat 1 Malaysia Energy-efficient Buildings
(PR1MA) and Syarikat Perumahan Negara Several pre-fabricated technologies such as
Berhad (SPNB). It could even be used to Structural Insulated Panels (SIPS) offer great
complement conventional housing for the potential in terms of fabrication of more energy
Build-Then-Sell (BTS) concept. efficient buildings. However, if appropriate process
4. 3D Volumetric construction could deliver high controls and planning are not implemented these
quality and energy-saving houses, conferring potential benefits could be lost due to expensive
direct benefits to home owners. This will on-site assembly processes. Therefore, it is
translate to profitability for developers. important that the advent of new technologies
5. 3D volumetric construction technology allows should be accompanied by proper process design
mass-customisation and increased value to for onsite assembly.
users. It will allow buyers to choose the finishes
and gives homes a personal feel. Less Logistics
However, the use of 3D volumetric housing Some estimates have put the amount of
or modular construction requires new materials environmental impact from material transportation
(probably non-concrete), a ready supply chain and activities to be one-third of total environmental
requires technology know-how. The technology impact on the entire construction process. IBS
offers another benefit, and that is the ability to
also requires new machines and new skill sets
order in large quantities thus reducing the number
for the workers. There is a long way to go since
of trips to be taken. Despite this potential benefit, it
our present IBS construction is a concrete-based
is important that a detailed material transportation
industry and therefore it requires a paradigm shift and logistics plan be put in place.
and cultural change.
Economic Sustainability
(b) Championing the Sustainability Agenda The ability of IBS to reduce reliance on labour
There are several aspects of IBS that have the in construction is well documented. However, for
potential of contributing to different aspects of this to succeed there is the need to develop a
sustainability and green construction, thus creating detailed training and dissemination strategy for
more value to it. Some of the major aspects are promoting IBS and preparing the workforce for
explained below: that.

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modular housing’ which move all the work trades
at site to the manufacturing floor. We need to move
up the level of industrialisation and encourage
innovation, whilst low innovative systems which
do not contain enough value like mould systems
should be discouraged. Proper incentives and tax
holidays need to be introduced to cater for the
production of innovative IBS.
It is imperative that IBS is seen as
an evolution of construction using new and
innovative techniques rather than a revolution. By
understanding this, the Government should realize
that incentives and levy exemption are still needed
until the industry is mature. On the other hand,
low-tech IBS that do not create any value should
be dropped from IBS categorisation. Any incentive
for this type of system will not help the nation to
embrace construction modernisation.
Creating and encouraging the IBS industry
that is innovative should be a first priority. Volume
is good, but concentrating on volume alone is not
sufficient. On the other hand, industry must take
the lead on this. Use volume to innovate. We want
‘Praton Haus type of technology exploration’ again
but with greener and sustainable solution. Note:
Praton Haus is the most advanced system and
CONCLUSION precast technology at that time, imported from
Germany in 1980s by Perbadanan Kemajuan Negeri
IBS requires fresh thinking and ‘blue ocean’ Selangor (PKNS) to construct affordable housings.
strategies to capture new demand, create new Essentially, IBS should not be seen as a
market space and offer customers a leap in threat to traditional methods. The failure of IBS to
value such as in 3D volumetric construction. The penetrate the market is due to a misconception
blue ocean is an analogy to describe the wider, that it will eventually replace the traditional sector,
deeper potential of market space that is not yet while it actually should work closely in tandem to
explored. Value-added IBS specialists (specialist promote best practices in construction. The sharing
installers, small parts producers, specialist facade of best practices between the two approaches is
manufacturers, specialist joints, specialist project essential for the continued successful development
coordinators, specialist designers etc.) should be of both construction market segments.
encouraged.
With rising costs and shortage of construction REFERENCE
labourers, IBS is definitely the future. In terms of
quality and returns on investment, there should CIB (2010), New Perspective in Industrialisation in
not be much difference between conventional and Construction: A State-of-the-Art Report, International
prefab homes. Eventually, the market will realise Council for Research and Innovation in Building
that IBS produces a better quality finish and faster and Construction (CIB) Publication, TG 57
construction. Besides overcoming the current (Industrialisation in Construction), May 2010
higher cost of IBS, we need to educate the public
on the better quality that can be achieved from IBS. Roger Bruno Richard (2005), Reproduction before
The Government needs to encourage Automation and Robotics, Journal Automation in
manufacturers to produce ‘3D volumetric and Construction, Elsevier, Amsterdam, pg 442 -445

25
INGENIEUR

New Model Of One Stop Centre


To Ease Issuance Of Construction Permits
By Puan Aminah Abd Rahman, Director (Technical), Local Government Department,
Ministry of Urban Wellbeing, Housing and Local Government

The introduction of the One Stop Centre The New Model of OSC focuses on five main
or OSC 1 Submission as a special lane processes during construction period namely pre
UPDATE

to get construction permits offering only consultation (data gathering) process, approval
10 procedures and taking 100 days to process, and notification to start work process,
process marks a major improvement. final inspection and deposit of CCC process. The
Ministry of Urban Wellbeing, Housing and Local

T
he World Bank 2013 Doing Business Report Government (MHLG) in collaboration with Malaysia
ranked Malaysia at 96th place out of 185 Productivity Corporation (MPC) and FGDCP has
economies under the indicator of Dealing embarked on a series of road shows to promote
With Construction Permits (DCP). This ranking has awareness and increased understanding among
led to an unfavourable image of Malaysia in the industry players on the New Model of OSC.
construction sector. A comprehensive review of the Flowcharts of the five processes in the New Model
regulations in DCP was initiated in Kuala Lumpur of OSC are in Appendix A.
with the aim of removing unnecessary bureaucratic The improvements initiated by the FGDCP
procedures and improving the existing procedures, ease the issuances of construction permits and
later to be extended and adopted by other local hence is a testimony of a successful public and
authorities in Peninsular Malaysia. Problems private collaboration to improve a service delivery
pertaining to obtaining construction permits system.
are largely due to the nature of the regulations,
weak enforcement, administrative issues such Focus Group in Dealing with Construction
as unnecessary duplication and inconsistencies Permits (FGDCP) Members
in procedures and incompetency both among the • Kuala Lumpur City Hall
agencies and professionals. The World Bank report • Fire and Rescue Department of Malaysia
stated that to build and operate a warehouse in • Malaysian Communication and Multimedia
Kuala Lumpur a Submitting Person would have Commission
to go through 37 procedures that required 140 • National Water Services Commission
days to secure various construction permits from • Energy Commission
several technical agencies. • Board of Architects Malaysia
A Focus Group in Dealing with Construction • Board of Engineers Malaysia
Permits (FGDCP) has conducted a thorough study • Syarikat Bekalan Air Selangor Sdn Bhd
to identify regulatory and non-regulatory procedures • Indah Water Konsortium Sdn Bhd
that if deleted, are able to reduce the burden imposed • Tenaga Nasional Berhad
by the regulators on the business community in • Ministry of Federal Territories
dealing with construction permits, yet not sacrificing • Ministry of International Trade and Industry
safety and health of the public. The introduction of • Ministry of Urban Wellbeing Housing and
One Stop Centre or OSC 1 Submission in Kuala Local Government
Lumpur as a special lane to get construction • Ministry of Energy, Green Technology and
permits offering only 10 procedures and taking Water
100 days to process marks a major improvement • Ministry Information and Communication
in comparison to 37 procedures which required 140 Technology
days to complete as reported by World Bank. • Ministry of Works

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APPENDIX A
PROCESS 1 PRE-CONSULTATION

1.1

APPLICANT
• Gather technical requirement

• Layout Plan • Layout Plan


• Estimated electrical • Layout Plan • Layout Plan
• Estimated water supply
cosumption supply cosumption

1.2 1.3 1.4 1.5


PTG/PTD
SKMM
TNB • Type of land application 14 DAYS
PBAN • Relevant NFPs
• source of electric supply to be settled
• Tapping point •Tapping point of relevant NFP
• Pressure at tapping point

1.6
APPLICANT
• Received technical input from 4
technical agencies
•Prepare documentations for formal
submission

Note :
Improvements
• Validity of technical input is 3 months from issuances of
• Data gathering process streamlined and monitored
input
• Technical requirements made known prior to formal
• Formal submission to OSC within the validity period
submission
• Benefit genuine investors

PROCESS 2 APPROVAL

2.1
PSP

Complete Submission
SIMULTANEOUS APPLICATION OR STAGGERED
2.2
2.2 OSC
Checking of Document

No
Request Additional Complete?
Document

Ya

PLANNING 2.5 BUILDING PLAN 2.6 ENGENEERING PLAN 2.7


EXTERNAL TECHNICAL
2.3 2.4
LAND PERMISSION Building Engineering Department, AGENCIES
MATTERS Planning Department, PBT PBT JPS
Department, PBT •Structural Plan SKMM
State Land
•Earth Work Plan JBPM
Office •Building Plan
•Planning Plan •Work and Drainage Plan PTN/PTG
•Hoarding Permit
TNB
•Name of road • Roro bin permit •Street Lighting Plan
•124A • Name of Scheme •Utility Plan
JMG
•204D IWK
•Lanscape Plan •Excavation Permit JAS
•Others •Transfer of Earth Permit JPBD
•Public Road Usage PBAN
Permit JKR

2.8
OSC

Approval after fulfill the amendments

To be continued

27
INGENIEUR
APPENDIX A
PROCESS 2 PLAN APPROVAL

Continued

2.9 OSC COMM


MEETING

2.10
OSC

2.11 INTERNAL 2.12 2.13 PTN


TECHNICAL FULL COUNCIL • Table
DEPARTMENT PBT •endorsement Land
•Issue official Matters to
decision States Exco
•Endorse plans •Forward
state’s
decision to
OSC
2.14 OSC
•Coordinate
and compile
Amendment of plans to be submitted to
•Issue
JK OSC consideration
endorsed
plans

Improvements 2.15
PSP/SP

• Single in single out process


• Reduce interactions between business to agencies

PROCESS 3 NOTIFICATION TO START WORK

PSP
3.1 Deposit
Notification
Deposit Checklist

• Project Implementation Schedule


• Declaration complying with IWK
• Declaration complying with JPS
• Declaration complying with SKMM
• Declaration complying with PPSPA
• List of consultants involved in projects
• Land Certificate
• infrastructure fund payment by check / money
order / bank draft
• JKJ Form
• B Form
• B Form (Earth Work)
• PDC 6
OSC
3.2 Distribute
notices to
agencies

3.3 3.4 3.5 APP 3.6


BUILDING
ENGINEERING (IWK/MAJAARI) DOSH / OTHERS
DEPARTMENT
DEPARTMENT ReceivePDC 6, AGENCY
Receive B Form,
Receive B Form, MSIG Receive
Second Schedule
Earth Work by law VOL II notification
UBBL 1984

Improvements

• Reduce interaction

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FINAL INSPECTION (TESTING AND COMMISSIONING, REPORTS, CONNECTION, ISSUANCE
PROCESS 4 OF CLEARANCE LETTER)

Note : 5.1 PSP


• Submit request for
• Substation to be handed over to TNB once completed inspection with testing and
commissioning report

 Final inspection I for scope PBAN, TNB, PBT / IWK


Improvements
 Application for Communication Connection.
 Final Inspection II for JPBM, DOSH, APP (IWK/MAJAARI), PBT/JKR
• Structured and monitored inspections
•Clearance letters issued immediately 5.2
• Testing and commissioning of systems based on OSC
supplies designed for the development • Issue notices for final inspection
• Monitor final inspection
•Reduce interaction •Flag off
• OSC inform NFP to do connection

FINAL INSPECTION I

5.3 NFP 5.4 PBAN5.4 5.5 TNB5.5 5.6 PBT / JKR


•Communication a.Final Inspection a. Final Inspection a. Final Connection
Connection b.Utility Connection b.Electrical b.Clearance letter
c.Report c.Connection CCC
Submission d. Clearance letter
d.Meter connection CCC
& Clearance letter
CCC

FINAL INSPECTION II

5.7 JBPM 5.8 DOSH 5.9 APP


a. Final a. Final (IWK/MAJAARI)
Connection Connection a. Final
b.Clearance letter b.Clearance letter Connection
CCC CCC b.Clearance letter
CCC

5.10 PSP
• Receive clearance
letters CCC

PROCESS 5 DEPOSIT CCC AND G FORM

PSP
6.1 • Deposit 2 copies
CCC & Form G within
14 days after CCC
issued

• CCC
• From G1 – G21

6.2
OSC
Receive & distribute

• CCC • CCC
• Form G1 – G21 • Form G1 – G21

6.3 6.4
BUILDING
LAM/LJM
DEPARTMENT
• Record & file CCC &
• Record & file CCC &
Form G1 – G21
Form G1 – G21

Improvements

•Reduce interaction
•Leaner process

29
INGENIEUR

Are Professional Engineers


more accountable with the
implementation of CCC?
By Ir. Chen Thiam Leong
UPDATE

The first Certificate of Completion & • Wrong discipline of PE signing as SP in Form G


Compliance (CCC) was issued by a • Non submission of Form G
Professional Engineer (PE) on March 4, • Non enclosure of Clearance Letters from Utilities
2008. Has the CCC proved effective so To overcome the problem, the BEM’s CCC
far? Were PEs less accountable prior Sub-Committee published a comprehensive Guide
to CCC? Have PEs been short-changing to Filling up CCC Forms F/F1 and G1 to G21 in
the public previously? The writer gives May 2008 which to-date remains posted on the
answers to these and similar queries. relevant websites of BEM, BAM, ACEM, IEM and
PAM. The footnotes on this Guide also carry the

I
n June 2004 the Prime Minister called for the following reminders:-
replacement of the issuance of the Certificate (1) PSP shall notify the local authority through
of Fitness for Occupation (CFO) by the local OSC (in writing or using prescribed form)
authorities with self-certification by professionals after Forms G1-G3 are certified (i.e. after
with the intention of improving the efficiency of completion of Earthwork, Setting Out and
the building delivery system and enhancing the Foundations)2
competitiveness of Malaysia globally. (2) Form F/F1 and Form G-1 to G-21 shall be
Certificate of Completion and Compliance forwarded to the LA and BAM/BEM within 14
(CCC) to be issued by professional architects and days of the issuance of Form F/F1
engineers1 (PE) will replace the CFO previously With the publication of this Guide and footnotes,
issued by the Local Authorities (LAs). The issuance all PSPs and SPs will have no more excuses of not
of CCC came into effect on April 12, 2007 and the knowing about the intricacies of CCC.
first CCC was issued by a professional engineer on After September 2008, BEM began issuing
March 4, 2008. warning letters to PSPs who failed to submit their
In May 2008, upon review of the CCC Form F/F1 or G within the prescribed deadline
documents (Form F and G) received by the Board of 14 days from the date of issuance of CCC.
of Engineers Malaysia (BEM), it was apparent that To allow sufficient time for familiarization, BEM
many PSPs (Principal Submitting Persons) and SPs decided to let all first time offenders off but would
(Submitting Persons) were not fully conversant refer repeat offenders for disciplinary action.
with filling up the various forms properly and some However, following the conclusion of a second
defaulted on enclosures. round of roadshows on CCC by BEM in 2012,
Examples of errors detected included:- together with updates and repeat notices in the
• Inserting PSP’s design drawing nos. instead of BEM bulletin, BEM will no longer be lenient on first
LA’s Approval Reference no. time defaulters. Engineers are also reminded that
• Inserting Contractor with Company Name only Civil Professional Engineers may issue CCC
instead of the required Individual Name with (Form F/F1) and only for Appendix B & C3 types of
NRIC no. buildings/projects. It is an offence for engineers to
• Name of LA not inserted issue CCC for Appendix A type of buildings.

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Effectiveness of CCC • One PSP has been deregistered for fraudulently
issuing a CCC.
That the CCC regime has been more than Now that BEM has finally cleared its backlog
successful cannot be disputed anymore. CCC has of checking all deposited CCCs, the staff have
not only achieved its primary objective but more. moved on to commence checking CCCs deposited
CCC has enabled the tracking of fraudulent and/ with the Board of Architects Malaysia (BAM). This
or unprofessional engineers, and is also capable on-going task will take a while since there are
of tracking unqualified and defaulting contractors, over 8,000 CCCs issued for Appendix A type of
trade contractors as well as (in future) inspector- projects. However, it is alarming to note that from
of-works4. the initial Form G checked, the percentage of SP
All CCCs issued for Appendix C type of (PE) offenders appear higher than for the Appendix
buildings that are deposited with BEM are thoroughly C projects.
scrutinised for correctness and compliance. A list
of these issued CCCs5 is regularly updated on BEM The Practising Professional Engineer &
website for public consumption. Engineering Consultancy Practice7
Through this process, a PSP who has
incorrectly signed a CCC will be issued a show Amongst the reasons for PEs not adhering to the
cause letter to be followed by appropriate action. requirements of CCC is the inexcusable ignorance
This process checks whether the PSP is a bona of PEs of the requisites of a practising professional
fide PE who is permitted to issue the CCC6 and engineer. Therefore, in conjunction with CCC, it is
whether the PSP is properly practising through prudent to remind engineers of the clear distinction
an Engineering Consultancy Practice (ECP). The between a practising engineer and a non-practising
check also extends to verifying that each Form G is engineer as well as a consulting engineer and a
correctly signed by respective PEs (as the SP) of the contractor’s engineer.
relevant licensed discipline. All this thoroughness The practising engineer in relevance to CCC
serves to ensure that the interests of the public refers to a Consulting Engineer8 in the Construction
are protected. Industry who charges a fee to render his service
Prior to CCC, LAs who did receive Form E (or and acts as a PSP or SP as defined in the UBBL.
their equivalent for different States) before issuing A PE may not necessary be a practising engineer
CFOs, did not check on the authenticity of the but may merely practise engineering, viz. as a
signing PEs and hence the possibility of fraudulent Resident Site Engineer for a construction project.
PEs could not be discounted. However, when acting as a Resident Engineer, he
As a matter of statistics, with over 2,200 acts on behalf of the Practising Engineer, and as
CCCs deposited with BEM, the following issues such his professionalism and conduct is equally
have arisen and appropriate action taken:- vital to ensure public safety and interest. A
• All complaints from LAs (about 20) have been competent lift engineer registered with the Factory
investigated and hitherto no wrong practice has & Machinery Department, on the other hand, acts
been found. The complainants have been duly on behalf of his lift contracting company, and under
notified and the findings copied to the Ministry no circumstances should any consulting engineer
of Housing & Local Government. compel him to sign on behalf of the consulting
• More than 30 PSPs or SPs have been found to engineer9.
be practising without ECPs and majority of them
have taken up the opportunity given to rectify Fraudulent Engineers
within a prescribed period while a recalcitrant
few have been served disciplinary notice. As highlighted earlier, before the advent of CCC,
• Over 80 SPs have been hauled up for signing there was no mechanism to detect fraudulent
Form G for the wrong disciplines. engineers except through public complaints.
• Three SPs have claimed their signatures have Over the years, BEM has received complaints of
been fraudulently used without their knowledge fraudulent engineers. Two such cases involved
or consent and they have lodged police reports. masquerading as engineers with doctorate

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degrees – one to impress his in-laws, and one to in the past, CCC is able to uncover these acts
seek employment. and hopefully completely eliminate such in double
Sadly, the implementation of CCC has also quick time.
exposed other forms of fraudulent practices, the By ensuring errant engineers are stopped
most prevalent being using PE stamps of some in their tracks for practising out of their licensed
unsuspecting PEs or even PEs who have migrated disciplines, public interest is further protected
or quit the industry. before any calamity occurs. The same applies when
only serious consultants are permitted to practise
Conclusion through registered ECPs to prevent ‘fly-by-night’
PEs – a very necessary step when the industry is
As far as the effectiveness of CCC is concerned, completely liberalised in the very near future.
there is only one verdict and that is it has achieved The benefits of CCC can only get better
more than what it was set out to do. Public when the rest of the industry is ready to activate
interest is definitely better served and where its already in-built mechanism to track legitimate
fraudulent practices may have escaped detection contractors and inspector-of-works.

REFERENCES

1 The detail development of CCC was led by Ar Tan Pei Ing and Ir. Chen Thiam Leong on behalf of the
professionals.
2 The rationale for this early notification is due to the fact that some approved projects may not
commence construction at all during their approved Building Plan validity period of 12 months, and
hence, the local authorities are unable to plan their optional site inspections.
3 For definition of Appendix A, B and C projects, refer to www.bem.org.my and go to the “SERVICES”
tab.
4 Under the amended REA, inspector-of-works will be registered under the category of engineering
technologists.
5 Visit www.bem.org.my and go to the “SERVICES“ tab for the drop-down box on CCC and then open
the sub-menu on “list of submissions”.
6 CCC issuance is by means of Form F or Form F1, the latter is for a partial CCC and is normally not
applicable to a factory project. Use of Form F1 is now strictly controlled by BEM to prevent misuse
and can only be purchased from BEM after clearance of its legitimacy.
7 For a more comprehensive insight, readers are encouraged to read the two articles on The Practice
- Part 1 (published in the Third Quarter 2011 issue of Suara Perunding) and The Practice – Part 2
(published in the First Quarter 2013 issue of Suara Perunding). The Suara Perunding is a publication
by the Association of Consulting Engineers Malaysia for which all serious practising engineers
subscribe to.
8 A Consulting Engineer must practise through an Engineering Consultancy Practice, contrary to
misleading advice by certain pseudo lawyers over the years.
9 This ‘misconduct’ by some consulting engineers was uncovered recently when the Malaysia Lifts &
Escalators Association sought clarification from BEM after one of their members was given a show-
cause letter for signing on behalf of the consultant.

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Green Building Index &
Green Housing

SPECIAL FEATURE
By Ir. Chen Thiam Leong

What is a Green Building?


Strictly for the benefit of those who are not familiar
with the construction industry ………. A Green
Building can be defined as a building designed,
built, operated and disposed of in a resource-
efficient manner with the aim of minimizing the
overall (negative) impact on the built environment,
human health and the natural environment. Some
examples of green building features are choice
of site and orientation, efficient use of materials
and resources, indoor environmental quality and
innovation.

Global Green Rating Systems


The British were the first to introduce a systematic
methodology of rating buildings green in the form
of BREEAM1 in 1990. The Americans released Residential Green Rating Tools
their LEED2 rating scheme eight years later, but Apart from the earlier market pressures to rate
thanks to their superior marketing acumen3, LEED commercial buildings first (in all countries),
quickly overtook BREEAM in global subscription. another reason why rating tools for commercial
The Australians developed their Green Star rating buildings are always developed first lies in the
scheme in 2003 which was followed by Singapore’s commonality of facilities associated with such
Green Mark in 2005. buildings throughout the world where offices
What all these rating schemes have in need to provide the same indoor conditions to
common is that all of these authorities first enhance productivity wherever they may be sited.
launched their rating tools for non-residential However, the same cannot be said of residential
or commercial buildings. This should not be developments where the disparity in developmental
unexpected since this is where the highest market progress, wealth, culture and climate are too wide
demand existed at the time. Their respective to find common grounds. For instance, the types of
residential tools followed about three years later. houses prevalent in the USA are not often found
Even later tools like India’s GRIHA, which first in India and it was for this reason that India had
launched their commercial tool in 2006 (India to develop its own residential tool even though it
licensed from America’s LEED) in the similar took another four years to do so. Nearer to home
vein following up with their residential tool four and even within the same region, housing in the
years later in 20104. Malaysia’s Green Building city state of Singapore can be distinctly different
Index (GBI) rating scheme holds the distinction of from Malaysian homes except for the high-rise
launching both the non-residential and residential towers. Hence, it was only appropriate that the
rating tools simultaneously on May 21, 2009. GBI residential tool had to be suited to our local

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building typologies ranging from the single landed promoting the reduction of heat island effect,
properties (which in turn comprises variants of use of 5-star energy rated appliances and hybrid/
link terrace houses, single, double or even triple electrical vehicles.
stories; bungalow units, walk-up town houses and The RNC tool succinctly discourages use of
apartments, high-rise low cost flats to high-rise air-conditioning and challenges designers to opt for
condominiums, not to mention the never ending tropical designs to harness the natural environment
evolving ‘mixed’ schemes creatively named SOHO, of the region. Use of public transportation is
SOFO, SOVO, etc.). generously rewarded. Pollution control, storm-
water management and renewable energy sources
Green Building Index (GBI) are duly recognised.
The GBI rating scheme is developed to suit In a nutshell, the tool is designed to cater for
the local Malaysian conditions, benefit the Malaysia’s local conditions and addresses issues
local environment and incorporates Malaysian associated with our climate, resources, stress and
laws and codes of practice. The credibility and priorities. It is designed to dovetail into Malaysia’s
integrity of GBI is held in high esteem, stemming own building industry; acknowledging its maturity,
back to 2008 at a BIPC5 meeting when REHDA compliance with local regulations, enhancing the
lamented on the mushrooming of developers industry with trained and professional consultants
claiming their developments to be green without with integrity and adopting best industry practices.
any authentication and requested professionals RNC Version 3.0 has advanced a step further
develop our own Malaysian rating tool stressing (since the industry is now ready), by having a first
that the professionals are the ones who are mandatory criteria in “Minimum Energy Efficiency”
impartial and are regulated by their respective requirement which is in line with the Uniform
boards on their code of professional conduct6. Building By-laws (UBBL) 2012 Amendment on
Energy Efficiency, that reads;
GBI RNC Tool
The GBI Residential New Construction (RNC) By-law 38A. Energy efficiency in buildings
Tool Version 1.0, after its launch in May 2009, 1. New or renovated non-residential buildings with
immediately started receiving constructive air-conditioned space exceeding 4,000 sq m
feedback from the industry stakeholders which shall be;
resulted in the development of Version 2.0 after two • designed to meet the requirements of MS
years7. However, RNC Version 2.0 was also found 1525 with regards to the Overall Thermal
wanting8, and a year later, a new comprehensive Transfer Value (OTTV) and the Roof Thermal
exercise was undertaken involving independent Transfer Value (RTTV); and
industry practitioners and stakeholders through • provided with an Energy Management
Facebook, email and physical participation to System.
realise RNC Version 3.0 which was launched on 2. The roof for all buildings (residential and
July 11, 2013. After four years of GBI experience, non-residential) shall not have a thermal
Version 3.0 has hopefully managed to capture all transmittance (U-value) greater than;
the different (and still evolving) residential building • 0.4 W/m2K for Light (under 50 kg/m2)
typologies in the country. weight roof; and
In line with GBI’s philosophy, the RNC rating • 0.6 W/m2K for Heavy (above 50 kg/m2)
tool is similarly developed to meet the local weight roof,
industry’s needs. The tool is not developed to unless provided with other shading or cooling
suit any stakeholder’s needs but is intended to means.
raise the standard of the Malaysian building and Various Local Authorities have since been
construction practices through the increased duly briefed that implementation of this new by-
demand for CIDB’s IBS and QLASSIC9 due to law can be by means of self-regulation by the
points awarded in the GBI for their compliance. Principal Submitting Person (PSP) now that GBI
The tool also encourages recycling of construction has provided training to the submitting persons
and domestic wastes10, harvesting rainwater11, (Architects and Engineers) over the past four

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Does green pay off (in Malaysia)?
- Non-Residential Buildings -
projected data by Ir TL Chen (not verified:2009)

Green Average Meets GBI GBI GBI GBI


Building M’sian MS1525 Certified Silver Gold Platinum
Index Rating Bldg

BEI 250 200 - 220 150 - 180 120 - 150 100- 120 <100
kWh/m2.year

Energy Base 10 - 20 30 - 40 40 -50 50 – 60 > 60


Savings %
Incremental Base 1–3 5–8 8 – 12 12 – 15 >15
construction
(0 – 3)* (1 – 5)* (3 – 8)* (5 – 10)* (6 – 13)*
cost %

* Denotes revised projection in 2011

years, and furthermore, compliance with GBI rating within only a short period of four years, for example,
will automatically denote compliance to this by-law. low VOC (Volatile Organic Compounds) paints are
now priced at similar levels to non-low VOC paints,
Green Housing & Green Township and due to supply and demand forces, the latter
Whilst the GBI RNC tool rates each individual may soon cost more than the former in the very
building green and which may cover the entire near future.
housing scheme, the future market trend will Practitioners and responsible developers
likely see demand to be part of a holistic green have also begun attesting that it may even cost
township. The Government has already moved nothing extra for residential developments to
ahead with greening Putrajaya and KeTTHA12 and achieve the minimum GBI Certified rating albeit
has embarked on its Low Carbon City Framework with conscious good design practices at the onset
(LCCF). These are still early days yet and GBI has especially addressing the passive design needs
also responded to KeTTHA’s request to come out (which are now mandated under the UBBL 2012
with the GBI Township tool – a lengthy subject for Amendment). As GBI buildings are completed and
another time. green cost incentives are submitted, the actual
green costs expended appear to trend lower than
The Cost of going Green GBI predicted in 2009 (see table). For instance,
When building green was first surveyed in 200813, a recent GBI Gold rated residential building was
it was deemed as “the right thing to do”. Within achieved with only about 3% cost increment.
five years, the mantra has changed to “green is a
business imperative”. GBI Status
Perhaps in the near future, the question will GBI publishes its progress record on a monthly basis
be rephrased as “The Cost of not going Green”? and updates on the displayed table on facts and
This prediction is not at all over optimistic since figures are available on www.greenbuildingindex.org

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GBI is a recognised world class green


building rating system and similar to the
altruistic green drivers all over the world

Conclusion 5 BIPC the acronym for Building Industry


Going green is inevitable as it is the right thing to Presidents’ Council which comprises
do. The challenge is no more proving the virtues presidents representing the Architects
of going green but rather preventing the green (PAM), Engineers (ACEM & IEM), Developers
agenda from being hijacked by ‘green washers’ (REHDA), Contractors (MBAM), Town
pretending to champion the cause to protect their Planners (MIP), Interior Designers (MIID), and
own selfish interests. GBI is a recognised world Surveyors (RISM).
class green building rating system and similar to 6 The Development of GBI is archived
the altruistic green drivers all over the world; each under www.greenbuildingindex.org (go to
country needs to develop its own rating tool to suit RESOURCE tab then scroll to GBI Documents
its sustainable needs and growth. The resolve to to view the title file.
resist regression and to acquiesce to any particular 7 It is an industry standard for all green rating
stakeholder’s narrow interest must be upheld at all tools to be reviewed yearly for need to revise
times. To this end, GBI has walked the talk when as these tools are meant to be dynamic
in 2010 GBI sent a team of trainers to assist the and aims to keep raising the bar to attain
Indonesian Green Building Council set up its own sustainability.
rating tool (Greenship) instead of merely adopting 8 Due in part to unchecked influence exerted
GBI. Similar assistance is now being extended to by a certain working group member that
other requesting countries – a testimony to GBI’s led to V2.0 being skewed towards high-rise
standing. developments.
9 CIDB refers to the Construction Industry
REFERENCES Development Board; IBS refers to
Industrialised Building System; QLASSIC
1 Building Research Establishment’s refers to Quality Construction Standard
Environmental Assessment Method developed by CIDB.
2 Leadership in Energy and Environmental 10 Recycling of domestic waste which was
Design promoted by the Ministry of Housing & Local
3 Bet you heard it before that the Yankees can Government more than 10 years ago, is now
even sell you a bankrupt bank? enjoying far more success than ever before.
4 The author met up with the founders of 11 GBI has successfully promoted rainwater
GRIHA in 2009 who confided that GBI was harvesting ahead of the government’s
absolutely right in developing our own tool recently mandated laws albeit for only
suited for our own country and that India specific developments.
learned their lesson and will come out with 12 KeTTHA is the acronym for Ministry of Housing
their own residential tool suitable for their & Local Government
use. 13 Surveyed by McGraw-Hill Construction

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Green IBS: A Design
Concept of Divergent

SPECIAL FEATURE
Dwelling System
By Gan Hock Beng, G&A Architect
Zuhairi Abd Hamid, Foo Chee Hung, Mohd Khairolden Ghani,
Construction Research Institute of Malaysia (CREAM)

The authors recommend a divergent dwelling system


for housing construction where service spaces are fixed
externally to form dwellings, but internal service spaces
can be changed to accommodate different functions with
minimum or no disturbance to the core structure.
Green IBS can be embedded in this design system by
incorporating IBS manufacturing practices and the ten
principles of green construction involving economic viability,
environment and sustainability.
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I
n a highly competitive industry such as building
construction where profit hovers around 5 – ARCHITECTURAL DESIGN CONCEPT
10 % and risks are extremely high, unfamiliar
techniques such as Industralised Building System STRUCTURAL ENGINEERING DESIGN
(IBS) can easily blow out the 5 – 10 % profit target.
The objective is to make IBS the preferred mode of DETAILING AND CHECKING
design and construction, so that both clients and
stakeholders instinctively choose standardization WORKSHOP DETAILING AND SCHEDULING
of components from the onset of any construction
project. BUILDING COMPONENT MANUFACTURING
Finding solutions to the challenges faced AND QUALITY CONTROL
by implementing IBS relies upon active actions
by the developer, manufacturers and contractors.
They are builders that can change the construction TRANSPORTATION TO SITE
scene in Malaysia.
Firstly, let us examine the processes and BUILDING COMPONENT AND SITE ERECTION
supply chain involving IBS. Manufacturer of IBS
components are commonly involved only after the Figure 1: Flowchart Activities involved in IBS
tender stage. However, IBS needs to be addressed
right from the onset of the design stage to ensure
that the successful optimization of design and Structural Engineering Design
construction is carried out. IBS derives from a Close co-ordination between the structural design
combination of design office (architectural and engineer, manufacturer, contractor and panel
structural engineering), workshop detailing and erector is important. The design engineer must
scheduling, manufacturing (factory) and construction be responsible for the design and certification
on site (Hamid, 1993). The flowchart activities in of the workshop detailing translated from
IBS can be easily summarized in Figure 1. the structural detailing in accordance with his
The success of IBS construction depends design. The manufacturer normally engages a
on close co-operation of the whole team. This third party to produce the shop detailing but in
will enhance the advantages and versatility of the some instances they produce it in house. It is the
system and could maximize cost benefits. responsibility of the manufacturer to inform the
Planning must be precise and exact. It is structural designer on construction progress and
important that each member of the team is aware notify him of any changes made on site erection
of the constraints of the method and of the broad and panel casting.
implications arising from any errors or incorrect
decisions. Building Component Manufacture and Quality
Control
Architectural Design Concept In the factory, the casting of precast concrete
The architect must clearly define his concept panels is done with stringent supervision and
in a practical method of panel construction quality control. Sufficient cover and reinforcements
and erection. An experienced architect with IBS are tied as required in the design. Concrete grades
construction background will help in ensuring the ranging from 30 to 40 are normally used. Super-
concept is practical. This does not mean that if plasticizer is used to achieve good workability.
the architectural concept is not aligned with IBS, All reinforced concrete works must be monitored
the construction cannot be carried out. IBS allows by a concrete foreman and a concrete steel fixer.
flexibility as it can be adopted in combination Completed panels are lifted after 18 hours and are
with both traditional and conventional methods of air cured for 24-28 hours before being delivered
construction. to site.

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Transportation to Site unit is legislatively controlled by the Uniform By-
Panels are brought to site by lorries or trailers. Laws, Malaysia.
Specially designed stackers are used to stack The minimum build-up area for various
the panels so as not to damage them structurally combinations of rooms to make up a housing unit
during transportation. The panels are securely tied is as follows:-
or attached to the delivery vehicle by restraints
which do not damage them. Low friction material Area Minimum size (sq m)
should not be used as packing to support an
Living 11
element. Slender members may require temporary
stiffening against lateral buckling. Casting of First Bedroom 9.3
panels is sometimes done on site simultaneously Second Bedroom 6.5
with the factory.
Third Bedroom 6.5
Building Component and Erection Kitchen 4.5
The erection sequence should be planned and First Bedroom 1.5
agreed between all relevant parties at the earliest
Second Bathroom 1.5
possible stage.
In this instance, the minimum size of
Overview of Mass Housing In a 3-bedroom / 2-bedroom housing unit with
approximately 20% of circulation area would be 49
Malaysia sq m or 527 sq ft.
Normally, in the housing industry provided by
The issue of housing the mass population has the private sector, the size of the built-up area is
been the hot topic of conversation between all determined by the selling price of the unit.
parties involved from the top of Governmental
bodies down to the end users, the occupiers of the
dwellings.. Efforts have been encouraged by the
Divergent Dwelling Design
Government to encourage more affordable housing ALTERNATIVE
to be built by both the public and private sector as To solve the problem of rising demand for housing
our nation edges towards developed nation status. , the current architectural strategy, namely the
Designers have a moral and social responsibility to convergent design system is found to be deficient
address the issues involved in producing housing and an alternative design system must be utilized.
designs that are affordable and fulfill the end user This is the divergent design system.
requirements. The convergent design system implies
Housing especially for the lower income extreme compartmentalization and dissociation
group remains a top priority in the agenda for the of internal elements, where service space is built
country’s development. The standard of housing for internally in a house, interlocking with its space
these purpose needs to be given further thought fundamentally, making said service space difficult
in the continuous development of better quality to interchange or dispose of .
housing for the population at large. The divergent design system meanwhile is
Generally, architects and planners with defined as an architecture where service spaces
the participation of the local authorities and are fixed externally to form dwellings of which
Governmental bodies should work together in its internal service spaces can be changed to
creating new ideas and concepts in housing accommodate different functions with minimum or
development. no disturbance to the core structure.
The proposed concept attempts to evaluate
Standard area and requirement for housing the present norms of housing design without
The minimum size required for a habitable housing sacrificing the built-up area, spatial layout and the

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Source: Adapted from HB Gan (2013)


Figure 2: Illustrations on the differences between convergent and divergent systems
comparison between Convergent Design System and Divergent Design System

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The success of IBS construction depends
on close co-operation of the whole team.

improvement in the quality of design. In fact, there The unit plan design allows flexibility in
is a possibility of increasing the internal spatial forming the basic unit configuration which then
layout and also improving the garden space/green responds to the nature of the site conditions.
areas so that a greater percentage of the land A flexible unit plan is a key element in
can be used for amenities without sacrificing the adapting to the formation of a site layout plan.
number of units.

Tropical Building Design Design of Unit Plans


– The Divergent Dwelling The layout design of the unit takes into consideration
the following:-
System • The spatial and functional arrangement
Four levels of housing design are utilized in this • The potential to expand space for increased
process occupant’s usage.
1. The design of unit plans • Maximizing natural lighting and ventilation.
2. The design of unit configurations • The continuity of the traditional housing
3. The design of sustainable strategies concepts into a modern contemporary
4. The design of structures and construction residential development.

comparison between Convergent Design System and


Divergent Design System
Convergent Design System (mass housing) Divergent Design System (molecular dwelling)

Convergent housing process. Components Divergent housing process. Attached externally.


enclosed within. Each unit is independent of the other. Can
change or renew units without much disturbance
Each unit is interdependent on others, because
or interference with others.
sharing wall and floor and common physical
barriers. Way of stacking is repetitive horizontally Open-plan. Occupants can redesign freely and
and vertically. Very few can provide varieties of incorporate whatever changes they want to suit
architectural design layout. own personal tastes and styles, by switching or
rearranging the components.

Inflexibility. Very difficult to modify and change. Allows flexibility. With changes possible for
Bathrooms, kitchen, living rooms, etc interlocked. switching toilets, kitchen, wash areas and living
areas, as well as introduction of new functions
in existing spaces. Switching component spaces
is possible.

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Convergent Design System (mass housing) Divergent Design System (molecular dwelling)

Does not solve problem at large. Every dwelling Allows for machine production. Standardized –
is slightly different, and the convergent process there is a unit constant that allows for machine
inhibits machine production. Mass production production and industrialisation. For example,
can only be achieved in part prefabrication, bathroom and kitchen dimensions are fixed for
which does not solve housing construction to mass production, though internal fittings and
a large extent. Any new products developed appliances may vary from one unit to the other.
in the market by advancement of science and The purchaser has a wide spectrum of choice
technology are difficult to be incorporated into with regards to products in the market. Hence
mass housing due to convergent, interlocking the architecture can comprehend the advances
elements of whole. of science and technology over time. Resulting in
faster production at economical rates – applying
Developer can only wait for new schemes to
little to get more result.
incorporate their ideas, deterring them from
progressing with their ideas further. The manufacturing of the unit does not involve
excessive site labour. Installation is also done
with less time and cost. The period product
development to manufacturing to marketing is
relatively short.

The circulation system – comprising paths to Creation of instant pathways that can
ascend and descend a structure, as well as change, revised, expanded with least
to travel along a horizontal plane within the disturbance to other unit occupants.
structure – are largely fixed. Incorporation of vertical circulation with lifts and
escalators as external divergent components
Even external access such as roads along the
to contribute to a complete network of three-
periphery of the structure are fixed. Any changes
dimensional circulation.
of paths entails not only the ejection of the path,
but destruction resulting in abortive work and This has increased efficiency by manifold
disturbance to the community. compared to two-dimensional suburban sprawl.
So molecular dwellings incorporate planning and
The paths are largely convergent and rigid. It is
architecture into a single entity.
difficult to fit or introduce new paths into the
circulation system of the overall structure.

The structure is usually built with one particular Facilitates and allows complete and overall
land use in mind. So any move to change the change of structural use for very different sectors,
land use entails either massive renovation for a with simple replacements of moveable parts. A
complete overhaul, or a total destruction of the residential unit can be changed to commercial,
structure to be replaced by a newer one. and a commercial to recreational purposes. For
example, by incorporating kitchen and toilet in
a residential space can be converted to a café.

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Convergent Design System (mass housing) Divergent Design System (molecular dwelling)

Since every structure has no connection with Put together, molecular units can become part
the surrounding, this results in each structure of a greater molecular community and even
becoming an isolated island by itself. molecular township.
This discourages any creation of bigger physical One does not have to determine in advance the
community as any interaction between structures. overall makeup of a group of units, for the whole
Any attempt to join up different structures community may just be cultivated or generated in
would likely result physical disharmony and a naturally evolving manner. This programmable
disproportion. Inefficient execution of planning dwelling pattern will enable a variety of
can hence result in slum areas and waste in dwellings to be processed, to constantly renew
spaces available. themselves owing to industrialisation and with
rational rearrangement of all available habitual
spaces and incorporation of machine production
resulting in the community that has no slum,
and where no redevelopment is necessary. No
part of it need ever be obsolete.

The process of mass housing discourages With its ability to have component areas
the incorporation of science, technology and substituted, there is also greater flexibility
industrialisation, as the structure is largely fixed to introduce new technological devices and
with its predetermined fittings. equipment. It is also easier to modify each
existing component space, to make it adaptable
to a newer function, and open to new amenities.

Figure 3: Embedding aspects of IBS to 10 Principles of


Green Sustainability for Malaysian Housing Construction

43
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RECOMMENDATION by Lockwood (2007), there are ten principles
to be adopted if one wants to implement green
The Divergent Dwelling System makes possible construction as shown in Figure 3. Embedding
the creation of dwellings, communities or even aspects of economy viability, design principles and
townships which may grow old yet without environment within IBS manufacturing practices
becoming obsolete, which may absorb the latest framework into the 10 Principles of the Green
ideas yet have a sense of history, communities Way (Hamid et. al., 2011, Lockwood, 2007) will
in which the population can live for generations bring synergy towards green construction and
and which yet incorporate the potential of implementation of sustainability in Malaysia.
change.
Migration to a sustainable ‘mentality’ requires REFRERENCES
a lot of change in attitude, innovation, creativity,
research and support from many stakeholders. Hamid. Z. (1993) Engineered Precast Concrete
The strategic direction, implementation System, Public Works Department Malaysia Senior
strategies and research and development have Officers Meeting 1993 - Shangri-La Hotel, Penang
to be driven in harmony. It is envisioned that all Hamid, Z. A., Kamar, (2011), Aspects of off-site
initiatives mentioned need to be taken forward manufacturing application towards sustainable
simultaneously. Every stakeholder involved must construction in Malaysia, Construction Innovation
stand together and react as a team, not as an Journal 12 (1), 4-10, Emerald.
individual champion.
HB Gan (2013), Molecular Architecture: THINGS TO
The era of sustainability is currently taking
COME. GMA Publication.
its stand, and the construction industry must
demonstrate that it can lead and take this forward. Lockwood, C. (2007). Building The Green Way,
Green technology is an important element under Harvard Business Review on Green Business
the sustainability domain. Based on a research Strategy, Harvard Business School Press, USA.

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Malaysia
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45
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PROJECT REPORT

ECO-FRIENDLY HOUSES
IN JANDA BAIK
By Ar. Choo Gim Wah
Photographs: Kenneth Lim, Gray Studio

Two unique houses built on difficult terrain in Janda Baik,


Pahang prove it is possible to construct eco-friendly houses
in the deep forest with minimum interference to natural
surroundings.

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The Fan House
The Fan House is a three-storey house
located in the lush greenery of Janda
Baik forest in Pahang. It consists of
five bedrooms, six bathrooms with
approximately 6,800 sq. ft of enclosed and
terrace areas.
The site terrain gently slopes down
from the adjacent public road to the lower
platform. There are two existing platforms
on site. The first platform is approximately
46 ft down from the public road to the lower
platform.
The inspiration for this house came
from the natural contour of the sloping
yet curvilinear terrain and forested
surroundings. With the sculptural form in
mind, all the functions and requirements of
the owner are nicely incorporated. It’s not
the usual “form follows function” approach.
To minimize the earthwork and
interference of the existing slope, the house
hugs the terrain unobtrusively. Despite
the simple and modern look, the house’s
open plan living/dining and dry kitchen
areas are designed with high ceilings and
well lit interior spaces to allow natural air
ventilation within.
A slightly curved balcony spanning
55ft (17m) long and 9ft (2.7m) wide next
to the open living/dining areas allows the
dwellers to fully enjoy the fresh air and the
beautiful panoramic view of the forest.
The unobtrusive design blurs the
barrier between the outdoor and indoor
spaces.
As an architect, it was challenging to
design, construct and supervise the work
due to the shape of the building situated
on a very steep terrain while ensuring
minimum cutting of trees in the forest. All
the hard work and support from contractors,
engineers and workers have paid off; we
have overcome all these obstacles and
produced yet another beautiful landmark in
the deep forest.

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The Deck House

The Deck House is a 2 ½ storey house located in the


lush greenery of the Janda Baik forest, at the
foothill of Genting Highlands, Pahang. This house
consists of three bedrooms, three bathrooms with
approximately 4,000 sq. ft. of enclosed and outdoor
area.
The site terrain gently slopes down from the
adjacent public road on higher ground. The brief from
the client was to design a simple, unassuming and
‘modern’ looking house. The profile and section of
this house hugs the terrain with minimum interference
of the existing slope.
Despite its steel and glass look, the house
functions like a traditional tropical house with
high ceilings, well lit interior spaces, and sufficient
ventilation with windows on most walls and aluminium
louvres at the highest part of building for the hot air
to escape. Most of the building is designed with
steel and glass to achieve a lightweight feeling. The
foundation and the stumps of the building are made
of conventional reinforced concrete. The extensive
use of glass as the surrounding skin enables the
occupants to enjoy the surrounding forest view.

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Living in Janda Baik with the relatively occupants of the house spend most of their time
moderate climate allows the occupants to enjoy on this deck. As most trees adjacent to building
outdoor activities and fresh air practically all day are maintained, one can almost touch the leaves
long. Hence, extensive outdoor areas such as of the trees from this deck.
deck to living/dining area and terrace to master Timber is used as the floor finishes for both
bedroom form a critical part of the building design. the living and the deck areas, thus merging the
To enter the house from car park/driveway, living/dining and the deck through the full height
one has to cross the steel and timber bridge. Upon glass panels. This combination creates a single
entering the house, there is a small entry hall with and large open plan ‘infinity’ platform with an
a door to the master bedroom slightly on the right. undisturbed 3600 view of the forest. Furthermore,
The master bedroom boasts 6.8metre wide (22 feet the extensive use of timber has created an
wide) sliding glass doors which open to a generous extremely rich and warm feel for this space,
terrace outside. From the main entry hall, one can complementing the forest nearby.
walk down to the living/dining/kitchen located at Ultimately, this is a cosy and comfortable
the lower ground floor via a steel/timber staircase. house to live in; providing extensive outdoor spaces
This space is a majestic two-storey void enclosed for the occupants to enjoy the stunning green forest
in glass with a full view of the surrounding forest. within the relatively cool climate of Janda Baik; as
The master bedroom above can also view the living well as being designed and built with minimum
area via this void. interference to the existing terrain.
The living/dining/kitchen is designed as a
single open plan space connected to the highlight
of the house – a 10.5m (34.5 ft) long and a 6.8m
(22 ft) wide timber deck supported by a steel
structure underneath. The last 2.5m (8.2ft) of
the deck is cantilevered out from its supporting
beam to create the effect of an “infinity deck”. The

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THINKING &
BUILDING “GREEN”
PROJECT REPORT

By Sam CS Tan,
Group Managing Director, Ken Holdings Berhad

The writer shares the energy-saving measures and environment-friendly principles behind KEN Bangsar,
a residential development that has earned the highest green recognition in Malaysia. He affirms that
reducing the energy footprint of a building requires mindset change towards green and sustainable
living for its occupants.

C
onventional thinking
dictates that to save
money, energy usage
should be minimised and the
use of air-conditioning or water
be as little as possible. But,
proper forward planning, together
with the evolution of technology
has come to a point where this
statement is not necessarily the
case. Here, KEN Bangsar is one
of the best examples.
When we started on KEN
Bangsar, we did not build or
construct with the aim of winning
any award nor cater to the criteria
of being a Green Building. The
project was developed and
constructed based on what we
felt were right principles. It has
also always been our philosophy
that we are not just building
a structure or home per se,
but that everything we do is to
“Develop Your Future”, which is
our tagline, and to create and aid
in sustainable, green living.
We always believe that
homes which are passively-
designed harness the use of
natural energy and resources,
which in the long run works to
maximises the thermal comfort
of a home. Such designs will Figure 1: KEN BANGSAR – Malaysia’s 1st Multiple Award-Winning
significantly improve the comfort High-Rise Residential Development

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Figure 4: Laminated low-E glass is used throughout the building, allowing for abundant natural daylight
into each unit. At the same time, the low-emissivity coating on the glass reduces heat and harmful solar
UV radiation into the units, thus decreasing the dependence on excessive air conditioning to cool the
interior.

in a home and reduces the need


for a cooling system.
In KEN Bangsar, passive
principles are utilised to achieve
optimum energy savings by
tempering interior temperatures
and maximising the natural
lighting advantages of the
building. Homes that are passively
designed harness the advantage
of our natural climate to maintain
maximum thermal comfort.
In Malaysia’s tropical
climate, building interiors are
conventionally kept cool by
air-conditioning units which
Figure 5: Large balconies and ledges that extend up to 1.5 metres
necessitate a high consumption around the façade of the building provide further shade against our
of electricity. Modern air tropical sun. Sliding doors and windows can be easily opened to
conditioners are now produced take advantage of the abundant breeze on the peak for ultimate,
with inverter technology, which natural ventilation.
uses a variable-frequency drive
to control the speed of the motor air conditioners, which use only compared against MS1525
and the compressor. This allows one compressor unit to power requirements, the estimated
the aircond unit to continuously multiple indoor units. The result annual energy savings yielded
regulate its thermal transfer is up to 60% in energy savings by these innovations are
flow (and hence its energy compared to conventional 489,124kWh, leading to
consumption) by altering the split-unit air conditioners. The further reduction in annual CO2
speed of the compressor in penthouses are further fitted emissions by 293,474kg.
response to cooling demand. with the latest energy efficient KEN Bangsar also boasts
KEN Bangsar is fitted with inverter-driven Daikin VRV II air- of KEN’s proprietary, innovative
with Daikin’s multi-split inverter conditioning systems. When cooling system, called ‘CHEEL’,

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GREEN AWARDS GALORE FOR KEN BANGSAR


KEN BANGSAR is a 15-storey residential building located on the peak of Bukit Bandaraya – the
highest point in Kuala Lumpur – in the affluent, progressive suburb of Bangsar, Kuala Lumpur. It is
widely-recognised as the most environmentally-friendly residential project in the country due to the
numerous green initiatives that had been incorporated into the design philosophy and subsequent
construction of the building.
KEN Bangsar was duly
accorded several prestigious
awards, including the Green
Mark GoldPLUS Award from
the Building and Construc-
tion Authority (BCA) of Sin-
gapore, the first such award
ever accorded to a Malaysian
property. In 2010, KEN Bang-
sar was also the winner of
the Malaysian Green Building
Index (GBI) Gold Award, and
the recipient of The Edge’s Figure 2: Awards won by KEN Bangsar.
PAM Green Excellence Award 2010. In recognition of its status as the pioneering exponent in the
green building movement, KEN was also awarded the Best Green Developer 2010 title by New
Straits Times. In March 2011, KEN Bangsar was the recipient of the Citation award in the Residen-
tial Architecture – Multiple Houses category in the FuturArc Green Leadership Awards 2011. KEN
Bangsar also won the most prestigious award, the FIABCI Malaysia Property Award 2011 under
the sustainable development category.

Figure 3: A lot of effort has been pursued to obtain approval to beautify the
surrounding of the reservoir for the benefit of owners and the community of Jalan
Kapas. Extensive greenery accompanied by recycled tiles wall feature screen off
the area on the road leading into Ken Bangsar.

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in its reception lobby. The CHEEL Together with the wind inconvenience of renovating
system recycles condensate tunnel that was deliberately their ceilings to accommodate
water from the building’s air- designed into the lobby area additional lighting needs. All
conditioning units (which would to exploit the clean, plentiful penthouses are fitted with
have otherwise been discharged breezes at the apex of the hill lighting control systems,
into drains) whilst an Aumada and to maximise air circulation, which automate energy usage
Wizard heat pump harvests the CHEEL system produces an throughout the three-storey
waste heat from the air- energy savings of approximately penthouses using timers and
conditioning compressors. This 5,084kWh per annum. This dimmer switches to reduce
enables hot water to be recycled innovative use has eliminated power consumption.
and utilized for public areas of the need to install a 40HP Not only taking into con-
the buildings, for example the air-conditioning unit that sideration the end result, two
toilets on the ground floor. At the would otherwise have cost an different zones — working and
same time, cool air discharged estimated RM5,000 per month resting — were created with tim-
from the heat pump is recovered to run. The CHEEL waterfall ers set in each of them during
and piped to an aesthetically also has the added benefit of construction itself. Creating tim-
pleasing, evaporative two- providing a pleasant sensory ers for the two zones effectively
storey high indoor waterfall to experience for visitors. ensure that electricity consump-
facilitate natural ventilation. Apart from that, KEN tion could be monitored and
This in turn provides residents Bangsar was the first residential wastage eliminated accordingly.
with improved indoor thermal building in the country to pre- Proper and thorough planning
comfort by naturally lowering install energy efficient, 13-watt was also undertaken during the
the temperature of the double compact fluorescent lights life cycle of the project, and only
volume lounge and lift lobby for all units. As such, buyers areas that required lighting were
where the waterfall is sited. were saved the expense and illuminated.

Figure 6: KEN’s proprietary, innovative cooling system - ‘CHEEL’.

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Figure 7: KEN BANGSAR’s


double volume lounge
utilizes the CHEEL system,
incorporated through
decorative waterfall wall.

collectively serve to reduce


overall electricity consumption.
Passive infra-red motion sensors
installed in public areas act to
Figure 8: Our definitive black and beige marble wall in the lobby activate lighting only when the
was constructed by reusing cut marble. In keeping with our green
presence of traffic is detected,
principles and belief, instead of discarding the marble pieces, cut
providing further energy savings
out of size and not reused in the building of the units, we have
recycled and reconstructed the odd-sized pieces to create an of 5,154kWh per annum. Energy
aesthetically-pleasing wall. saving lifts are used in the
building, ensuring that the lifts
go to sleep when not in use.
Energy efficient light On top of that, energy- With these efforts, the
fixtures have also been installed savings measures such as monthly electricity bill for the
in all common areas, including motion sensors in areas with common areas averages only
the car park, staircases and other less traffic, the dearth of air- RM2,000 per month, compared
external sections, yielding a total conditioning in the reception with other projects of a similar
energy savings of up to 70.55%. lobby and lift lobbies at all scale, which average RM8,000
Energy-efficient LED lights in the levels, light management per month.
building’s façade help save an via timers and the selection KEN Bangsar features an
additional 7,300kWh each year. of such lighting as T5 bulbs energy-efficient central water

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heating system which provides KEN incorporated a water ware manufactured by Toto,
an uninterrupted supply of hot harvesting tank into its design Dornbracht, Villeroy & Boch,
water to all units. The annual for the rooftop of KEN Bangsar. and Hoesch are being used and
energy savings from utilising a Surface water from the roof is these collectively reduce the
central water heating system collected in the tank and a drip base annual water consumption
instead of individual water irrigation system with sensor of the building by 50%. KEN
heater units in each residence is controls that is linked to the tank Bangsar penthouses enjoy
estimated at 131,765 kWh per releases rainwater to irrigate the luxury of the world’s most
year, with annual C02 emission the landscape throughout the technologically advanced WC,
reductions of 56,000kg per year. grounds of KEN Bangsar, thereby the TOTO Neorest, chalking up
Water usage in the units reducing potable water usage yet another first in the country.
is similarly minimised via a dual for landscape irrigation by 50% The use of low-VOC (volatile
flushing system in the toilets. and saving approximately 4m3 of organic compound) paints in
In the common bathrooms, base potable water consumption KEN Bangsar ensures that the
hot water is provided by a heat per day. In this manner, the usage indoor environmental quality is
pump which harvests waste of potable water for landscape preserved and this forestalls
heat from the air-conditioning irrigation is kept to an absolute the health and environmental
compressors, converting it into minimum. hazards caused by conventional
hot water for public area toilets. The installation of water petroleum-based paints.
Malaysia enjoys an efficient fittings and sanitary In KEN Bangsar, the
average annual rainfall of ware also helps the reduction swimming pools are filled with
2,500mm or 100 inches of rain of use of potable water in the saltwater which, through the
per year. Taking advantage of the project. In KEN Bangsar, water- process of electrolysis by the
abundant rainfall in the country, saving fittings and sanitary chlorinator, converts natural

Figure 9: KEN BANGSAR’s salt chlorinator pool eliminates common problems for swimmers caused by
chemical chlorination.

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Figure 10: KEN Bangsar is an exemplary project where we successful readapted the previous existing
construction. Instead of discarding everything from the existing structure, we put aside and reuse
materials that were still in good condition. The salvaged tiles were being reused to construct the feature
wall at the penthouse swimming pool.

salt into sodium hypochloride, with SK Kaken Cool Tight heat- need not be a tidal change.
the sanitizing agent commonly insulating paint, thereby giving Nor does it require technical,
used in swimming pools. Apart the roof a u-value of 0.16W/ scientific intervention to
from reducing the carbon m2 and minimising residents’ happen. Many of us have
footprint of the building (on-site dependence on air-conditioning already adopted the use of
chlorine generation utilises far to cool down the interiors of energy saving bulbs, which
less energy than commercial their residences. operate on the same principle:
chlorine plants), saltwater In Malaysia, there is the higher upfront capital costs in
chlorination eliminates the need Sirim Ecolabel scheme, which is return for (significantly) lower
for excessive use of chemicals the Government’s way of commu- energy consumption.
whilst yielding the additional nicating a product’s environmen- Ultimately, once one’s mind
benefit of reduced maintenance tal benefits to consumers. Under is made up to keep to green,
costs. The saltwater pool also this, products are independent- sustainable living, it is ultimately
eliminates common problems for ly tested and verified against only a matter of selection. Pay
swimmers caused by chemical preset criteria before they are a little more initially and watch
chlorination such as stinging qualified. the payback in cost savings. This
eyes, rashes and unpleasant Singapore practises is all a symbiotic circle, though
chemical odors. its Green Labelling Scheme, not one which many people have
To alleviate the effects of which was launched in 1992 recognised just yet.
Malaysia’s tropical heat, KEN and applies to most products, When making a decision,
Bangsar was installed with a except food, drinks and we often always ask ourselves,
metal roof above the penthouse pharmaceuticals. Post-testing, “What is in it for us?”
units. This effectively creates the Green Label are applied to This is the very mindset we
a double roof with double products which meet the eco adopt when building our proper-
insulation, affording the building standards specified by the ties. For every project we under-
an extra layer of protection scheme and is recognised by the take, we ask ourselves, “What
against the impact of intense international Global Ecolabelling are we building for our buyers
solar heat radiation on its roof. Network. and what is in it for them?”
The metal roof incorporates In essence, the more ticks As we continue to effect
a layer of fibreglass wool and a product or property is awarded, change from top down, the
another layer of high-density Dow the greener that product is. decision to consistently practice
extruded polystyrene. The top In conclusion, the practice a green and sustainable lifestyle
of the roof was further painted of reducing our energy footprint is much easier to make.

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REIT Management & Pivotal
Role of the REIT Manager
By Dato’ Jeffrey Ng Tiong Lip, CEO, Sunway REIT Management Sdn Bhd

INVESTMENT
THE BASICS OF REIT
Diagram 1: A generic REIT structure

Sponsor Unit holders


Real Estate Investment Trust (if applicable)
(REIT) operates under a highly Investment Distributions
in Units
governed regime where interests Acts on behalf
Management
of unitholders are the outmost services
of unit holders

priority. In Malaysia, the relevant REIT Manager REIT Trustee


Management
laws and guidelines governing Fees
Trustee Fees

are the Securities Commission


Guidelines on Real Estate
Investment Trusts, Securities
Regulators
Commission Licensing
Handbook, Capital Markets
Indirect Agents
Services Act 2007, Bursa (MRMA, APREA)
Malaysia Main Market Listing Diagram 1: A generic REIT structure
Source: Sunway REIT
Requirements.
A generic REIT structure
is illustrated in Diagram 1.
The parties involved in REIT level to be injected into REIT. management track record and
management are the REIT The indirect agents such as high level of integrity.
manager whose role is to Malaysian REIT Managers The key differentiating
manage and administer the Association (MRMA) and Asia factors that distinguish REIT
REIT in accordance with the Pacific Real Estate Association managers are:
objectives and investment policy (APREA), being the external 1. Clearly defined sustainable
of the REIT and the REIT Trustee parties, act as promoters for growth plans
who acts in the interest of the the Malaysian REITs (M-REITs) 2. Strong corporate governance
unitholders and has its role as a industry. 3. Transparency in disclosures.
custodian for all the assets of the It is crucial for a REIT
REIT. The REIT is constituted by KEY ATTRIBUTES OF A REIT manager to have clearly defined
a deed made between the REIT MANAGER growth plans and strategies to
Manager and the REIT Trustee. ensure sustainability in growth
The relationships of both parties REIT management in essence of the REIT over the medium to
are governed by this deed. is more complicated than most long term horizon. This increases
Depending on the REIT people think. The fundamentals the growth visibility and better
structure, a REIT may be backed of REIT management encompass appreciation of the business
by a Sponsor. A Sponsor has a broad spectrum of areas as model by investors.
two key roles to play; that is illustrated in Diagram 2. Strong corporate
to supply pipeline assets to The basic skills of a governance provides the
the REIT for continuous growth strong REIT manager are framework for setting and
and to incubate assets before measured by management pursuing objectives to reflect the
the assets achieve the optimal strength, experience, expertise, context of the social, regulatory

59
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Diagram 2: Key attributes of REIT Manager difference. The REIT Manager,
Diagram 2: Key attributes of REIT Manager
being the landlord of the
Management
properties collects rental from
Strength Integrity its tenants. The rental income
(experience, skill set) after deducting all the operating
expenses and expenses related
to the funds is distributed
Key attributes of REIT Transparency in to unitholders as income
Growth Plan Manager Disclosures distribution, commonly known as
distribution per unit (DPU).
The skills set of REIT
Manager is recognized based
Engagement with
Corporate Regulatory on his/her ability to enhance
Governance Bodies value for existing assets under
Source: Sunway REIT

management and accompanying


growth strategies to create value
to unitholders in terms of DPU
and market environment. facilitate institutional investors and total return.
It involves the alignment of in making informed investment In general, REIT managers
interests amongst stakeholders. decisions, providing access are broadly classified into three
Strong corporate governance to management is crucial categories, Passive Manager,
enhances transparency, for investors to have better Conventional Manager and Value
procedures and processes, understanding of management’s Added Manager (as per Diagram
systems and controls as well as growth plan and strategies. 3). A Passive Manager acts as
risk management. For instance, In addition, high levels of a rent collector and exercises
enhancing board of directors’ transparency and timely prudent cost management.
aggregate experience and dissemination of information The manager may occasionally
skill set through professional across all communication undertake asset management
background brings diversity to channels is essential for initiatives (AMI) such as rental
the board in decision making. investors to be abreast of the reversion, optimization of
Related party transaction latest developments of the tenancy mix and operational
is an area of high scrutiny by REIT. It is essential to ensure efficiency enhancement. A
investors. Corporate governance that minority interests are passive REIT Manager will
in this area may be enhanced not neglected. These can be usually continue managing the
by implementing clear policies achieved through a robust properties that were injected
and procedures in respect of investor relations framework. into the portfolio since inception
making full disclosures and Lastly, continuous and highly unlikely to undertake
obtaining relevant approval engagement with regulators and further acquisition activities.
where applicable. industry associations such as This management style provides
Strong corporate MRMA and APREA via dialogues high level of income certainty
governance is not merely to is necessary to brainstorm ideas and predictability to investors,
satisfy investors. It acts as a and issues pertaining to the however growth prospects may
protection and enhancement industry for further improvement be minimal. Investors investing
of investors’ value which and growth of the industry. in these REITs should expect
essentially relates to gaining steady return from distribution
trust from stakeholders. REIT MANAGER COULD MAKE with limited upside from capital
Investors around the globe THE DIFFERENCE appreciation.
expect seamless communication A Conventional Manager’s
where information is transparent In REIT management, it is the role expands beyond the
and readily available. In order to REIT Manager that makes the functions of the Passive Manager.

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Diagram 3:
Diagram 3: The
Therole
roleand
andskills
skillsofofREIT
REITManager
manager

REIT Managers

Passive Manager Conventional Manager Value Added Manager

1. Rent collector 1. Rent Collector 1. Rent Collector

2. Exercise cost management 2. Exercise cost management 2. Exercise cost management

3. Undertake asset 3. Undertake AMIs 3. Undertake active AMIs


management initiatives
(“AMI”) 4. Undertake asset enhancement 4. Undertake active AEIs
initiatives (“AEI”)
4. No acquisition 5. Proactive capital management
5. Acquiring matured assets with
steady income stream every 6. Active acquirer (including acquiring
now and then non-performing assets)

Minimal growth prospects, Moderate growth prospects, Strong growth prospects, enjoy growth
steady DPU steady with some growth in DPU in DPU

Source: Sunway REIT

A Conventional Manager generally mature assets with a steady management programme


undertakes more active roles in income stream from time to reduces refinancing risk
the management of the REIT in time. A REIT operating under and may potentially lead to
the pursuit of achieving organic such management style offers substantial savings in interest
growth and inorganic growth. moderate growth prospect expense which will flow directly
In addition to AMI activities, a where investors are likely to to the distributable income for
Conventional Manager attempts enjoy steady income streams unitholders.
to unearth the full potential of with some upside in capital A Value Added Manager
the properties through asset appreciation. demonstrates his/her growth
enhancement initiatives (AEIs). The third management strategy by embarking on active
Examples of AEI activities style goes beyond conventional acquisitions. The acquisition
encompass reconfiguring of retail REIT management functions. The trail expands beyond the
space, increasing net lettable Value Added Manager adopts conventional strategy of
area (NLA) by converting non- a holistic approach involving acquiring mature assets with
income producing, low yielding extended roles of traditional a steady income stream. This
rental areas and common areas property management. A Value category of REIT manager
into lettable space as well as Added Manager undertakes acquires distressed assets
embarking on refurbishment active AMIs and AEIs to maximize or non-performing assets at
exercises. AEI activities will lead the full potential of the properties bargain prices and subsequently
to additional rental space and and simultaneously embark on turns around these assets. The
potentially higher rental rates, proactive capital management to value creation for a successful
thus translating into organic achieve the optimal debt profile turnaround asset is tremendous
growth of the REIT. A Conventional that matches its short to medium which leads to a quantum leap in
Manager endeavours to achieve term financing requirements. income as well as appreciation
inorganic growth by acquiring A well implemented capital in the capital value of the asset.

61
INGENIEUR

Diagram4:4:Comparison
Diagram Comparisonof
ofwithholding
withholding tax
tax regime
regime between
between M-REITS and S-REITs
M-REITs and S-REITS

Type of Unitholders Malaysia Singapore


Resident / non-resident individuals 10% NIL
Resident companies No withholding tax – 17%
income tax at 25%
Non-resident companies 25% 10%
Resident / non-resident institutional 10% 10%
investors

Source: Sunway REIT

REITs managed by a Value played a pivotal role in supporting December 2016 however there
Added Manager typically offer the growth of REIT industry in was no revision in the withholding
higher growth prospects where enhancing the competitiveness tax rate. In comparison
investors enjoy growth in DP of M-REITs vis-à-vis regional to Singapore, Malaysia’s
and potentially gains in capital players. Whilst some regulations withholding tax rate is still less
appreciation. That said, the are at par with the regional REIT attractive for individual and non-
flipside of this strategy is the markets, there is definitely room resident corporate. Non-resident
accompanied risk in acquiring for further improvement. companies investing in S-REITs
distressed assets. are offered a concessionary
It is crucial for investors 1. Withholding Tax – Room for tax of 10% until March 2015.
to understand one’s investment relaxation The lowering of tax rate for this
objective and select the REIT The most discussed topic category is aimed at attracting
manager with the accompanying is definitely with regards to foreign investment into S-REITs.
investment style that matches withholding tax. Diagram 4 In the context of Malaysia, non-
their investment objectives. outlines the withholding tax resident companies are taxed
structure for M-REITs and at 25% which makes it less
REGULATION AND POLICIES Singapore REITs (S-REITs). In compelling for foreign corporate
the Budget 2012 announcement, to invest in M-REITs.
Since the inception of the first the withholding tax for Malaysia In Singapore, retail inves-
REIT in 2005, regulators have was extended for five years to tors enjoy tax exemption on with-

Diagram5:5:Comparison
Diagram Comparisonofofgearing
gearinglimits
limitsbetween
between M-REITsand
M-REITS andS-REITS
S-REITs

Malaysia Singapore
Total borrowings should not exceed 50% of Total borrowings should not exceed 35% of the
the total asset value of the fund. total asset value of the fund.

The gearing limit may increase to a maximum


of 60% if a credit rating from Fitch Inc,
Moody’s or Standard and Poor’s is obtained.

Source: SC Guidelines for REITs and MAS Code on Collective Investment Schemes

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holding tax. Meanwhile, retail Diagram 6: Comparison of issuance of new units (without a general
Diagram 6: Comparison of issuance of new units (without a general mandate)
investors investing in M-REITs mandate)
are subject to a 10% withholding The typical timeline for issuance of new units (subject to change depending on circumstances)
FOR ILLUSTRATION PURPOSE ONLY
tax. Although retail participation Issuance of new units in Malaysia *
in M-REITs is low at this stage, (Without general mandate from unitholders)
relaxation of withholding tax in Submission to SC for
approval for issuance of new
Bursa’s approval of Notice period to
EGM Pricing, placement,
unitholders’ circular & unitholders for issuance and listing
the individual category may also units & increase in fund size additional listing application issuance of circular of new units

encourage more retail partici- 4 - 6 weeks 2 weeks 1 day 2 weeks


pations in M-REITs. Essentially, Estimated Duration : 8 - 10 weeks (excluding preparatory time)
REITs are a good investment for * If the exercise involves property acquisition, an additional 2 weeks is required for submission to SC for valuation purpose

retail investors for the long term Issuance of new units in Singapore
as it enjoys stable dividends in- (Without general mandate from unitholders)
Notice period to Placement & Settlement &
come with potential capital ap- unitholders for
EGM
Pricing Listing
preciation. Issuance of circular

14 days 1 Day 1 week 3 Days

2. Gearing Limit - Provide for Estimated Duration: 4 weeks (excluding preparatory time)
higher debt headroom Source: Sunway REIT

Diagram 5 depicts the


permissible gearing limits set
by the respective jurisdictions
Diagram 7: Comparison of issuance of new units (with a general
Diagram 7: Comparison of issuance of new units (with a mandate)
for Malaysia and Singapore. The mandate)
permissible gearing limits for The typical timeline for issuance of new units (subject to change depending on
circumstances) FOR ILLUSTRATION PURPOSE ONLY
M-REITs are capped at 50% of
Issuance of new units in Malaysia (up to 20% approved fund size with mandate)*
total assets value while S-REITs Stage 1 : Pre-Placement Bursa’s approval of Stage 2: Execution of placement
Submission to SC for
may increase its gearing to a approval for issuance of
unitholders’ circular &
additional listing
Pricing, placement, issuance and
listing of new units
maximum of 60% if a rating by new units & increase in
fund size
application

Fitch Inc., Moody’s or Standard 4 - 6 weeks 2 weeks

and Poor’s is obtained. Estimated Duration: 2 weeks for execution of placement (excluding preparatory time of 4 weeks)
In our view, the Government
* Under updated REIT guidelines issued in Dec 2012, it is compulsory for REIT to hold AGM and REIT may obtain
should consider relaxing the mandate at the AGM

gearing limits to be at par with Issuance of new units in Singapore


Singapore. A move from 50% (Up to 20% approved fund size with general mandate)
Offering Circulars lodged Announce successful Approval in Settlement &
gearing limit to 60% provides with MAS, Bookbuilding bookbuilding & final principle for listing Listing of new
and pricing price from SGX units
flexibility for debt headroom
to facilitate acquisitions via T T+1 T + 6 Day T + 9 Day

Estimated Duration: Within 10 market days (excluding preparatory time)


debt. Debt funding is typically Source: Sunway REIT
speedier and “cheaper” than
equity financing. The additional
10% allowance will benefit In Singapore, the process is compressed timeline provides
M-REITs with sizeable asset half the time as compared to the REIT manager with more
under management. Malaysia. The main difference is flexibility in timing to catch
the time allocated for authority windows of opportunity in view
3. Private placement and approval and issuance and of the volatile equity markets.
issuance of new units - Strive listing of new units. The timeline Similarly, the timeline
for speedier process is illustrated in Diagram 6. for the private placement and
In Malaysia, the process for The move to shorten issuance of new units for
private placement and issuance the timeline for the necessary REITs with existing mandate is
of new units exercise without a approvals bodes well for speedier in Singapore compared
mandate in place typically takes REITs for speedier completion to Malaysia as illustrated in
between eight and ten weeks. of the corporate exercise. A Diagram 7. Investors prefer

63
Diagram
Diagram8:8: Comparison
Comparisonof
of development exposurebetween
development exposure betweenM-REITS
M-REITs and
andS-REITS
S-REITs

Malaysia Singapore
The exposure to real estate under The total contract value of property
construction does not exceed 10% of total development activities undertaken should not
asset value (after the acquisition) provided exceed 10% of total asset value.
that:
1) No substantial dilution in EPU during
construction period
2) Purchase agreement to take into
consideration of construction risks
3) Favourable prospects upon completion

Source: Sunway REIT


speedier issuance of new units
from the day of placement In the consider allowing this as a
new provision in the Securities
in order for the investors to Commission Guidelines on Real
make the necessary decision
in tandem with equity market foreseeable Estate Investment Trusts.

condition. CONCLUSION

4. Development Exposure –
future, REIT M-REITs have enjoyed exponen-
Allows greater flexibility tial growth in recent years. Mar-
In Malaysia, greenfield develop-
ment is not allowed. However
management ket capitalizations of M-REITs
have leaped from RM356 million

as a business
M-REITs may be involved in real in December 2005 to just below
estate under construction with RM35 billion in August 2013.
an exposure of not exceeding The growth momentum
10% of total asset value provid-
ed that: is expected to in M-REITs has placed M-REITs
on the radar screen of foreign
i. No substantial dilution in investors resulting in higher
DPU during the construction
period
flourish and foreign participation in M-REITs
which contributes positively to
ii. Purchase agreements to the overall growth of the capital
take into consideration of
construction risks
prosper. market in Malaysia.
With the emergence of
iii. Favourable prospects upon more players in the M-REITs
completion space in the foreseeable
In Singapore, REITs are In matured REITs markets, future, REIT management as a
permitted to take up to 10% of limited acquisition opportunities business is expected to flourish
total asset value of development have led to REITs venturing into and prosper. This will lead to
activities including greenfield development activities. As the higher level of professionalism,
development. (refer to Diagram property market in Malaysia compliance and corporate
8) matures, authorities should governance.

64 VOL 56 SEPTEMBER 2013


DISCIPLINARY HEARING –

ENGINEERING & LAW


CASE STUDY
T
he Respondent was charged with their consultancy services and fees.
contravening Regulation 31 of the (iv) In March 2007, the Complainant found
Registration of Engineers Regulations that SecondDev had appointed another
(RER) 1990 (Revised 2003). The charge consultant, the Respondent for the C&S
focused on Subsection (a) and (b) of Regulation works. The Respondent had commenced
31; viz. that the Respondent directly or works on the partially completed buildings
indirectly (a) supplanted or attempted to at the site.
supplant the Complainant, and/or (b) intervene (v) The Complainant had NOT given a Letter
or attempted to intervene in or in connection of Release to the project as fees were
with C&S engineering work of any kind which to outstanding. They had also given drawings
the Respondent’s knowledge had already been to SecondDev but SecondDev had not
entrusted to another Engineer. paid them for engineering input for the
drawings.
FACTS OF THE CASE (vi) The Complainant had explained and written
to SecondDev and the Respondent that
The Board of Engineers Malaysia (BEM) they needed to be compensated in order
received a complaint from an Engineer (the for the Letter of Release to be issued but
Complainant) against another Engineer (the both SecondDev and the Respondent had
Respondent) regarding a Project “Cadangan not agreed and had not responded.
Pembinaan Pembangunan Kedai, Pangsapuri (vii) On the other hand, the Respondent
Kos Sederhana dan Apartment Kos Sederhana claimed to have been informed by their
Rendah dan Bangunan Perniagaan”. The facts client SecondDev that the Complainant’s
of the case were as follows: appointment was by the previous
(i) The project was a State Government developer, FirstDev, and not by SecondDev
related project under the entity StateGov or StateGov. As such, the Respondent felt
which had appointed a developer FirstDev that the Complainant was not contractually
to design and build the project. connected to the project and that was the
(ii) FirstDev had appointed the Complainant basis of the Respondent providing the
as C&S and M&E Engineers for the project consultancy services to the project.
in 1996. The Complainant had been Pursuant to the complaint the Board
working for almost 10 years until FirstDev appointed an Investigating Committee (IC) to
abandoned the project. At the time of carry out an investigation. The findings of the
abandonment some building blocks were IC were as follows :
completed while others were partially built. (i) The Respondent was aware and agreed
(iii) In 2006 SecondDev, a new developer that he took over a partially completed
engaged by StateGov requested the project.
Complainant to provide C&S and M&E (ii) The Respondent was aware of the
drawings for estimation and proposals Complainant’s earlier role as the Engineer
to take over the project. After SecondDev for the project.
had successfully taken over the project, (iii) There was no letter of release from the
the Complainant was requested to quote Complainant.

65
INGENIEUR

(iv) The Respondent claimed that since (iii) The Respondent is aware of the BEM
there was no agreement between the Circular No. 1/2006 on “Guidelines
second developer SecondDev and the for an Engineer taking over the work of
Complainant, the need of a Release Letter another”. However, he believed that if a
did not arise. Local Authority allows the new Engineer to
(v) As the Respondent had knowingly taken submit drawings, then it is OK. He stated
over a project in which the engineering that the general practice in Malaysia on
services had been rendered by a first the issue of whether one can submit or
engineer whose services had not been not, is to refer to the Local Authority. The
properly terminated, the IC was of the acceptance of submission by the Local
view that there was a case for the Board Authority is an indication that all is well.
to pursue. (iv) He reiterated that he had no intention to
(vi) The IC recommended that the Board go against the guidelines in the Circular,
conduct a hearing on the complaint as the but there were some provisions which
Respondent had breached Regulation 31 were not clear, e.g. the words ‘engineering
(a) and (b) for supplanting and intervening work’ in his opinion must mean that there
thereby contravening Section 15(1)(g) of is a contract or agreement between the
the REA. client and the Engineer, i.e. the Engineer
should have an agreement before he can
RESPONDENT’S DEFENCE participate in any work.
(v) Notwithstanding that, the Respondent
The Respondent stated in his defence as had asked SecondDev to settle with
follows: the Complainant, as in the context of
(i) He had received some drawings from maintaining good relations, he wanted
SecondDev. Although the drawings carried a fellow consultant to feel comfortable.
the Complainant’s markings, he did not The Complainant believed that he was
know if SecondDev had obtained the supplanting but he himself did not believe
drawings from the owner StateGov or from so. To him, he was not taking over from
the Complainant, and thus it raised the the Complainant, rather he was doing an
question of who owned the property rights uncompleted job.
to the drawings. If the drawings were the
property of StateGov, then it would be DELIBERATION
alright for the Respondent to use.
(ii) The Respondent had no communication The Respondent was charged with
with the Complainant except on one contravening Regulation 31 of the RER 1990
occasion when the Complainant called to (Revised 2003). The charge itself focused on
say that the Respondent was supplanting. Subsection (a) and (b) of Regulation 31; viz.
On his part, he fully believed that the that the Respondent has directly or indirectly
second developer SecondDev had no (a) supplanted or attempted to supplant
contract with the Complainant and hence the Complainant, and/or (b) intervene or
any communication with the Complainant attempted to intervene in or in connection with
should be through SecondDev. He C&S engineering work of any kind which to the
also stated that he has a letter from Respondent’s knowledge has already been
SecondDev confirming that there is no entrusted to another Engineer.
agreement between SecondDev and the The key element of Regulation 31(a)
Complainant. Notwithstanding that, he is that the Respondent had supplanted the
had asked SecondDev to settle with the Complainant i.e. taken the place of or replaced
Complainant. the Complainant in the Project; while the

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key element of Regulation 31(b) is that the Further, SecondDev had given the Respondent
Respondent had knowledge that the work he some drawings prepared by the Complainant.
was intervening in, had already been entrusted Based on the evidence, the DC concluded that
to the Complainant. the Complainant was the first Engineer for the
The evidence showed that the Respondent project and they had not been discharged or
was aware of a prior submitting engineer when terminated from the job. The Complainant had
he testified that he had received drawings also not issued any Letter of Release to any
with the name of the Complainant as the C&S other Engineer to take over the job.
Consultant. This evidence is important as it The DC then looked at the issue raised
showed that the Respondent had the knowledge by the Respondent that he was doing an
and knew the identity of the prior submitting uncompleted job for a different client. The
engineer, and such knowledge was important to Board’s Circular No 1/2006 - “Guidelines for
prove Subsection (b). an Engineer taking over the work of Another”
With regards to Subsection (a), all the defines ‘client’ under Section 2.4 as “the Client
parties involved acknowledged that the Project shall include the ‘registered proprietor’ …… for
which the Respondent became involved in the development of the land and/or buildings.
was essentially the same Project that the ‘Registered proprietor’ can be …….. or any
Complainant was the Consultant some ten other legal entities whose names and/or legal
years earlier. The project owner was the same, identities are endorsed on the title of the land
but the developer appointed by the owner was …. and/or buildings.” Based on this definition,
different. In his defence, the Respondent had as the land owner SecondDev is the same, the
argued that his client SecondDev (the 2nd DC concluded that the client for the job is the
developer) was different from the Complainant’s same.
client FirstDev (the 1st developer), and there Hence the Respondent in taking over
was no work contract or agreement between the same job for the same client without a
SecondDev and the Complainant. Hence he Letter of Release from the first Engineer had
was not taking over from the Complainant, but thus supplanted or replaced the Complainant;
rather he was doing an uncompleted job for a satisfying the key element of Regulation 31(a).
different client. As the issue of client had been examined
The Discipline Committee (DC) deliberated earlier, the DC concluded that the key element
on this issue and noted that the work involved of Regulation 31(b) has been satisfied.
and the project owner were the same. In addition, Thus, the DC concluded that the key
all the parties involved had acknowledged that elements of the Charge have been fulfilled/
some work was already done before the 1st satisfied and found the Respondent GUILTY as


developer FirstDev abandoned the project. charged.

The Discipline Committee (DC) deliberated on this


issue and noted that the work involved and the project owner
were the same. In addition, all the parties involved have
acknowledged that some work was already done before the
1st developer FirstDev abandoned the project.

67
INGENIEUR

Newly Emerging Methods


ENGINEERING & LAW

Of Contract Procurement
In Malaysia: An Overview
1
By Ir. Harbans Singh K.S.

T
he Government has recently put into which requires a public authority (usually an
motion its Economic Transformation agency of government) which has received an
Programme (ETP) which has a number unsolicited bid for a public project (such as a
of ‘entry point projects’ (EPPs) that are meant port, road or railway) or services to be provided
to act as a driver of economic growth in the to Government, to publish the bid and invite third
country. Whilst most of these projects will be parties to match or exceed it.”
undertaken through the traditional procurement It goes on to define a ‘Swiss Challenge
routes such as turnkey, design and build, etc. System’ as:
or the Public Private Partnership (PPP) models, “…. a new bidding process to help private
some of the larger ones will adopt new models. sector initiatives in core sector projects. It’s an
Of these new models, the two prominent ones offer made by the original proponent to the
that are dealt with in brief here below are those Government ensuring his process to be best (in
involving the ‘Swiss Challenge System’ and the terms of effectiveness including both the factors,
‘Project Delivery Partner’ (PDP). cost and time) by his initiative as a result of his
Very little is known in the public domain own innovative approach or on the demand of
about both these models although projects the government to perform certain task. The
involving billions of Ringgit are being undertaken Swiss Challenge System, like the Bonus System,
along these routes; the Klang Valley Mass further allows third parties to make better offers
Rapid Transit (KVMRT) project being the (challenges) for a project during a designated
most well known illustration. Except for an period with simple objective to discourage
occasional press statement or announcements frivolous project, or to avoid exaggerated project
by listed companies undertaking the same, development costs. Then accordingly, the original
very little information is made available to the proponent gets the right to counter-match any
public notwithstanding the immense size and superior offers given by the third-party.”
consequential impact these will have on the The following salient points should be
public for generations to come. taken note of in regard to this system3:
• It can be initiated either in answer to a
Swiss Challenge System request from the owner4 to perform certain
Wikipedia defines a ‘Swiss Challenge’ as2: tasks or by the proponent on its own volition
“… a form of public procurement in making an offer to the owner as a result of
some (usually lesser developed) jurisdictions its own innovative approach;

1 B.E. (Mech) S’pore, LLB (Hons) London, CLP, DipICArb, P.E., C. Eng., Advocate and Solicitor Malaya
(Non-Practising).
2 See http://en.wikipedia.org/wiki/swiss_challenge
3 See http://en.wikipedia.org/wiki/swiss_challenge
4 i.e. the Government or Government agency or Government Linked Company (GLC).

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• The owner then selects the particular Valley Mass Rapid Transit (KVMRT) Project and
method to be employed in implementing the the ‘River of Life’ Project. Both projects are part
Swiss Challenge System; of the Government’s Economic Transformation
• The first option involves the owner offering Programme (ETP) meant to create the Greater
the original proponent an advantage in Kuala Lumpur/Klang Valley zone that will
a competitive bidding process due to its purportedly act as a driver of economic growth.
initiative and work done pursuant to the It is stated that the PDP method was motivated
said initiative; by its alleged success in projects overseas; the
• The second option permits the owner to UK Cross Rail and London Olympic Park projects
purchase from the original proponent the being cited as two notable examples. However, as
intellectual property rights for the project stated before, despite its immense importance,
concept and then use a competitive bidding not much is known in the public domain as to
process in which no bidder has a predefined the specific ambit and workings of the PDP
advantage to award the project; and model as used locally. Recourse thus had to be
• Where the owner has difficulty in finding the made to information made available in the public
right balance, it is not uncommon to adopt domain through press articles, announcements
a hybrid system combining elements of the made by the companies involved and particular
Swiss Challenge System and the Bonus web sites.
System. A starting point is the following excerpt
The system has had mixed results in from one of the PDP’s website6:
different jurisdictions in view of its limitations, “…. As PDP our primary function is to
implementation and problems with legal validity. ensure the successful completion of the MRT
Hence, it cannot be said with certainty that within the pre-determined target cost and date.
it can achieve the many attributes that have With PDP, the Government is ensured of a
been touted by its promoters. In the Malaysian smooth implementation of the massive project.”
context, it has been made known by the PDP The following summarises the PDP’s role
of the KVMRT project that the owner of the within the massive MRT project:
KVMRT has ‘agreed to grant the PDP. (through 1. Oversee the overall performance of the
its nominated company which shall have the Design Consultants and Work Package
same shareholding as the PDP) a right of Swiss Contractors
Challenge to match the best evaluated tender 2. Manage the procurement process for all
bid in respect of the underground work packages construction work packages jointly with the
...5. Whether the Swiss Challenge System is Government of Malaysia
being, or will be adopted for other Government 3. In the event a contractor or sub-contractor
projects; be these at the Federal or State level does not meet pre-determined work package
is relatively unknown at the moment. But with requirements, the PDP will step in at no risk
the push for PPPs in the ETP of the Government, to project delivery cost and time; and
it is undeniable that the practitioner in the 4. To undertake all preparation, submissions
engineering/construction industry is likely to and obtaining all approvals for the execution
encounter more projects involving this form of of the project.
public procurement. Further elucidation can be garnered
from the following December 18, 2011 media
Project Delivery Partner (PDP) release7:
The PDP method is being used currently in at “….. the PDP plays the role of a project
least two Entry Point Projects (EPPs) i.e. the Klang manager but with the added responsibility of

5 See http://www.com.my/content
6 See http://www.mmc.gamuda.com.my/project-delivery.html
7 by the Land Public Transport Commission in Star Newspaper of 19th December 2011.

69
INGENIEUR

having to deliver the project within the agreed possibly, access) to the site, making the
time and cost. Any cost overrun and project necessary payments, etc. Much depends on
completion which are basic common risks in the particular PDP agreement involved;
projects will be borne by the PDP. The PDP is • The Owner does neither give site possession
not a turnkey contractor and the project will nor makes payments direct to the work
be divided into work packages which will be packages contractors but only to the PDP
awarded individually through open tender. The who in turn transmits these onwards to the
Government will make the final decision on latter. So in this sense there is no privity of
the awarding of contracts. The PDP will not be contract between the Project Owner and the
allowed to tender for any of the work packages work packages contractors;
except for the tunneling works. The Government • The PDP’s principal responsibility is the
felt that an exception should be made as the delivery to the owner of the fully completed
PDP is the only local construction company that and functional project within the agreed
has experience in major tunneling works …… target cost and completion date.
Nevertheless, the PDP will still have to compete • The PDP is responsible for the design of
for the work package with other companies and the Project in accordance with the owner’s
the award will be given on the basis of merit.” requirements. The works are divided into
From the above-mentioned excerpts, packages and awarded to work packages
press announcements by the relevant PDPs8 contractors through competitive bidding
and other information available in the public exercises administered by the Owner.
domain, the following essential features of the • The work packages contracts are awarded by
PDP model, as developed for the stated local the Owner but the PDP is liable for the due
EPPs can be crystallized: performance of these contractors. In this
• It is not a method of project procurement respect, the PDP is responsible for managing,
but merely a method of “managing” the dealing with, coordinating, supervising and
same; interfacing all the contractors.
• The PDP is one of the parties in the project • Since the PDP is responsible as the system
set-up; the others being the principally owner, integrator of the entire Project, it has to step
the consultants9 and the work packages in and deliver the works should any of the
contractors; work packages contractors default or fail to
• The Owner is the Government or a wholly perform.
owned Government linked company (GLC) • In this respect, the PDP generally carries
e.g. the Mass Rapid Transit Corporation Sdn “single point responsibility” for the
Bhd; performance of all the works but also
• The PDP is either a single or a jointly accountability for all aspects of the project
controlled entity of construction companies; as set out in the PDP agreement.
• The Owner’s scope of responsibility • The “single point responsibility” extends
is generally confined to obtaining the even to the issues of claims and disputes10
necessary approvals for the Project e.g. EIA whereby the work packages contractors are
approval, etc. providing possession (and not permitted to proceed directly against

8 See also MMC’s Stock Exchange Announcement (10/2/2012) http://www.mmc.com.my/content.asp,


Article ‘Are PDPs in too sweet a spot?’ by Risen Jayaseelan, Starbiz Tuesday 8 March 2011 and Article
‘A little education please: What does the project delivery partner of a multi-billion ringgit project do?’ by
Errol Oh, Star 21 December 2011.
9 including the Independent Checking Engineers (ICE), Value Management Consultants (VMC), etc.
10 Including those involving for payments for work done. This becomes especially important in the light of
the Construction Industry Payment and Adjudication Act 2012 (Act 746) provisions.

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the Owner but only against the PDP. In the awarded the work package contract, the PDP
event that they do proceed directly, the PDP is not permitted to manage and supervise the
is required to indemnify the Owner against contract concerned; this being undertaken
such claims and proceedings. usually directly by the Owner. But the PDP
• The consideration paid to the PDB under the still remains responsible for the overall
PDP agreement is a fee which is usually a delivery of the project.
percentage11 of the agreed target cost of
the project. The latter generally comprises Conclusion
the aggregate sum of all the awarded work In a similar vein to the “Swiss Challenge
packages, the amount of contingency12 System”, the PDP system is novel and relatively
allowed and the amount of reimbursibles13 untested on the local scene, its touted plus
incurred by the PDP in performing its points and advantages are rather speculative
services. and subject to much conjecture18. Whilst
• Should the final project cost exceeds the admitting, it might have produced positive
agreed target cost the PDP is generally results in other jurisdictions e.g. the Cross Rail
liable for the cost overrun. The latter is and London Olympic Park projects in the UK, it
recovered by the reduction of the fee based is uncertain whether the same model is being
on an agreed formula stipulated in the PDP used in Malaysia. Even if the same model is
agreement. being employed, it is also not known if suitable
• If on the other hand, the PDP fails to complete amendments have been made to customize it
the project by the agreed completion date, for the local conditions. For practitioners, the
it is liable to pay the owner Liquidated and failure to engage the major industry players
Ascertained damages at the rate stated in in terms of input or consultation before
the PDP Agreement. implementing the PDP model for such important
• Further liabilities of the PDP include those and money-wise major projects speaks little
arising from claims brought by or disputes of the Government’s oft repeated “mantra” of
with the work packages contractors after transparency and accountability. Be that as
the contingency has been exceeded and the it may, the die is cast and for better and for
PDP has no recourse to the owner in respect worse, industry practitioners and the public
of such excess. in particular will have to wait and accept the
• The PDP is generally prohibited from end results; be these positive or burdensome.
tendering for any of the work packages What is however clear is that together with the
unless as expressly allowed for in the PDP “Swiss Challenge System”, the PDP method
agreement. In certain PDP14 Agreements, will feature prominently in the Government’s
the PDP15 may be given a right using the ‘mega’ projects in future as these seem to be
“Swiss Challenge System”16 to make bids the vogue not only with the politicians but also
for certain work packages; and the ‘heavyweights’ of the local construction
• In the said situation, should the PDP17 be industry.

11 Which can vary from 5 - 10% although in certain cases it is around 6%.
12 Both the Owner and the PDP are allowed to use the contingency.
13 This can be a firm figure and include the PDP’s Overheads, fees for engineering consultancy, site
investigation, topographical surveys, etc.
14 For example, the KVMRT PDP Agreement.
15 or through its nominated company in which it has substantial shareholding.
16 as previously discussed.
17 or its nominated company.
18 See article by Risen Jayaseelan, ‘Are PDPs in too sweet a spot?’, Starbiz Tuesday 8 March 2011.

71
INGENIEUR

Where Engineers Excel


The Board of Engineers Malaysia (BEM),
formed in 1972, is a statutory body
constituted under the Registration of
Engineers Act 1967. BEM falls within the
ambit of responsibility of the Minister of
Works. Its primary role is to facilitate the
registration of engineers and regulate the
professional conduct and practice of
registered engineers in order to
safeguard the safety and interest of the
public.
The content in this magazine, written mainly
Under BEM’s registration record are by the engineering community and
15,000 Professional Engineers and technical professionals, provides first-hand
71,000 Graduate Engineers in various and valuable knowledge. There is a wealth
disciplines and industries throughout of information on:
Malaysia. „ Infrastructure design and
development
Published quarterly by BEM, The Ingenieur, „ Professional practice
reaches out to the engineering community „ Government policies and guidelines
via a 13,500 print version as well as to „ Legal issues
other readers via an e-format. „ Engineering personalities
„ Management
Readership is estimated at 50,000. „ Continuous development of engineers.

For
For advertising
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and subscription inquiries, please
subscription inquiries, please contact
contact
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Engineers Malaysia
Malaysia
Tingkat
Tingkat 17 Ibu PejabatJKR,
17 Ibu Pejabat JKR, Jalan Sultan Salahuddin, 50580 Kuala Lumpur
Jalan
Email Sultan Salahuddin,
: publication@bem.org.my
50580
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+603-2610
Tel : publication@bem.org.my
Email +603-2691 2090
Fax : +603-2698
Tel +603-2692 0590
5017 / 603-2610 2090
Fax : +603-2692 5017

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72 VOL 4
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SEPTEMBER
JUNE 2013
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41
73
INGENIEUR

Dala Bamboo Village,


Myanmar - Temporary
PHOTO FEATURE

Homes After Cyclone


By Fong Chew Sing, ATAM, AAT(ASEAN)

Dala Town in Myanmar was badly affected by Cyclone Nargis in 2008. In this area, a village has been
rebuilt using mainly bamboo. The Bamboo Village is now equipped with shops, temple, common well
and playground but relatively poor infrastructure and shabby houses.

houses, common-user well with


hand pump, playground, UNICEF
/AMI office, etc.
At the time of visit in June
2013, almost all houses were
built with bamboo except the
temple as well as a handful
of houses which had been
converted to timber houses.
The Myanmar Irrawaddy delta Roads were basically earth
region took a hard hit when tracks with sand bags laid for
Cyclone Nargis swept through the convenience of pedestrians
the area causing loss of human during the monsoon season.
life and damage to houses. Only the main access roads were
Emergency rescue and temporary paved with gravel and some with
habitat works were initiated to concrete.
resettle surviving victims.
The writer visited one
affected area called Dala Town
which is situated just across the
Rangoon River from Yangon city.
The resettled village is called
Bamboo Village by locals as the
houses were built with bamboo
which is available locally and
easy to construct. UNICEF was
the main driving force among
organisations that assisted and
provided bamboo for surviving
victims to construct their
temporary shelters. The Bamboo
Scenes of a ferry that serves as market place where local produce
village is complete with shops, and vegetables are traded. Locals pay 50 kyats (RM0.15) but
stores selling bamboo for those foreigner pay USD 2 for one way trip from Yangon Pansodan jetty
who wish to repair or extend their opposite the Strand Hotel to Dala jetty.

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74 VOL
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Bamboo Village, Dala

Entrance to Bamboo Village A better paved road in the village

One of the few bamboo stores in the village selling A house under renovation. Attap leaves are
bamboo pieces for house repair or extension commonly used as wall panel.

Upgraded house using bamboo panels instead of National League for Democracy Party office (Aun
attap leaves that are more commonly used. San Suu Kyi) at the centre of village

75
INGENIEUR

Simple food stall Secondary road

Simple house but well ventilated Some houses facing better paved road

Road side drinks stall Another typical bamboo house

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Leisure Lifestyle

Generally poor but happy community. Author was greeted with smiles and curious looks from the children
and elderly enjoying their leisure time.

77
INGENIEUR
Water Supply & Other Services

Community well that is hardly used – villagers Mobile water conveying tank
prefer rain water harvesting source except during
dry spell

Rain harvesting system still the preferred choice UNICEF office at center of village

Hope for Change


It’s been five years since Cyclone Nargis’
wreckage in 2008 but the Bamboo village has
hardly changed since the resettlement. The Dala
town is still relatively rural with poor infrastructure
and utilities. However, there was news that a bridge
may be constructed across the Rangoon River from
Rangoon city itself. This may spur economic growth
in the region giving another route to the Irrawaddy
Delta. Bamboo Village, Dala may then benefit from
the spillover of economic activities given its close
proximity to the city proper.
Contrasting Rangoon landscape on opposite side
of Rangoon River

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ENGINEERING NOSTALGIA
THE CAUSEWAY
Source: “The Causeway”, jointly published by National Archives of Malaysia and
National Archives of Singapore

View of the Causeway taken from the operating cabin showing a passenger train
from Singapore on the temporary railway track, December 1923.

Work in progress to reclaim and widen the


Causeway at the Johore end, February 1989.

79
INGENIEUR

Construction of cofferdam at
the east end of the lock and
concreting of apron in progress,
June 1921. Both locals and
Europeans worked together to
complete the Causeway.
The Causeway, June 1924. This image was taken
from Woodlands, Singapore.

A derrick crane installing culverts at the Johore


end of the Causeway.

Progress work at south (Woodlands) end of the


Causeway in June 1921.

Magnificient view of the Johore Straits


and the Causeway at dawn.

“The Causeway” can be purchased from


the National Archives of Malaysia at
RM120.00
6
80 per56
VOL
VOL copy.
55 SEPTEMBER
JUNE 2013 2013
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INGENIEUR

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