fbpx

National Recovery Plan: SOP for Housing Development (Is a Developer required to repair defects?)

KPKT has revised its SOP (updated as of 27.7.2021) for housing development (for the National Recovery Plan – Phase 1 and 2) which are closely related to the SOP for Strata Development Area including areas like repairing defects of a parcel, delivering vacant possession).

Both SOPs for Phase 1 and Phase 2 can be downloaded below:

The FAQ for Phase 1 and Phase 2 is also available below:

SOP for Phase 1

Covid-19 Prevention Measures

  • To take the body temperature of employee and customers at the entrance before entering into the premises. (Body temperature of more than 37.5 Celsius and/or having symptoms like sore throat, cough, flu or difficulty in breathing are NOT ALLOWED to enter into the premises);
  • Developer and the premise owner is required to prepare QR Code of Mysejahtera and a registration log book to record the presence of customers;
  • Register by scanning the MySejahtera QR Code is mandatory in area with good internet coverage. Registration log book recording visitation of customer is only allowed for area which has no internet coverage or other reasonable reasons (senior citizens, not having smart phone etc);
  • Owner of premise is to ensure that only customer who carries the “Low Risk” status including “Casual Contact low Risk” in the MySejahtera are allowed to enter into the respective premises.
  • To adopt physical distancing of 1 meter among individuals;
  • Wash hands with soap and water or to use hand sanitizer often;
  • Wearing of face mask is mandatory;
  • carry out sanitization on all contaminated surface;
  • To ensure good ventilation system in premises adhering to the guidelines of ventilation and indoor air quality issued by the Occupational Safety and Health Department.


Control of Customers’ Entry

  • Presence of customer, supplier and contractor is only on appointment basis;
  • Children below 12 is not allowed to enter
  • Cashless dealings are encouraged

Employees’ Management

  • Employees are allowed to report to work at workplace not more than 8 hours from 8am to 5pm and further subject to National Security Council’s directives.
  • To practise rotation system and they are encouraged to work from home.
  • Employees are NOT ALLOWED to gather during break time and meal time.
  • Report immediately to the Head of Premises / Supervisor if there are symptoms of Covid-19 or any other health problems.

Operations of the Management Office of the Company

  • To adopt rotation basis for employees and appointment basis for customers to ensure the physical presence of persons in the management office of the developer is always under control.
  • Developer / sales agent are to adopt online platform for matters including marketing, meeting and explaining to the purchasers, contractors and suppliers to reduce physical presence in one location.
  • Premise is to be SHUT immediately for sanitization if there is a positive case of Covid-19 among the workers or customers.

Delivery of Notice of Vacant Possession and Keys to parcel

  • Developer is allowed to issue notice for delivery of vacant possession and hand over keys of the unit at the developer’s management office only.
  • Developer is to fix a prior appointment and time for the delivery of keys to the purchaser / parcel owner taking into account the presence of customers are always below 60% of the capacity (of the original numbers of customers) one can receive at any one time and further subject to the National Security Council’s directives.
  • Travel permit from the police is required for purchaser / parcel owner if inter-district or inter-state travel is required to travel the Developer’s office to receive the notice to deliver vacant possession and keys to parcel.

Moving Matters

  • Moving matters are ALLOWED.
  • Travel permit from the police is required for purchaser / parcel owner and those involved in the transportation or workers if inter-district or inter-state travel is required to carry out moving matters.
  • Applicant or parcel owner is required to provide details of the moving in/out matters to the management body for a stratified development area or to the Residents’ Association for non-strata development.
  • Moving matters within a stratified development is subject to the SOP for Strata Management downloadable at www.kpkt.gov.my.
  • Communal gathering activities when moving in which involve anyone except the parcel owner and transportation workers are NOT ALLOWED.

Renovation Matters

  • Renovation of a house for those who just received the notice of vacant possession / keys are NOT ALLOWED.
  • Subject to the approval obtained by the management body of a strata development or Residents’ Association (if any) (for non-strata), installation of basic necessity (equipment) without generating continuous loud noise to enable the house is fit and safe for stay after moving in is ALLOWED. Example: installation of electrical appliances, plumbing and iron grille. Installation works can be carried out before moving in;
  • New installation works for internet and communication facilities in a parcel which do not generate continuous noise are ALLOWED and prior notification is to be given to the management body (for strata development) or Residents’ Association (non-strata) or developer managing the development area / housing estate;
  • All renovation works are subject to the SOP of Construction issued by Ministry of Works (can be downloaded at www.cidb.gov.my.
  • Renovation matters of a strata scheme is subject to the SOP of Strata Management which can be downloaded at www.kpkt.gov.my.

Repair of critical damage / defects works within the defect liability period

  • Purchaser / Parcel owner can lodge complaints through email and Developer is encouraged to develop or use an electronic app to receive, record and verify time and period in rectifying the defects;
  • Purchaser / Parcel owner is NOT ALLOWED to lodge a complaint by walking into the developer’s office unless it is only for purposes of submitting a complaint in writing and must adhere to the fixed duration being present in the premise to the minimum and through a prior appointment;
  • Developer is allowed to conduct site inspection to investigate the defects complaint of (if necessary) through an appointment;
  • All workers are to adhere to the Covid-19 prevention measures;
  • Only employees of the construction company which obtained approval to operate from CIMS MITI are allowed to undertake repair of defects;
  • No repair work is allowed after 5pm or on weekends or holidays. Only emergency repair works are allowed on non-working days.
  • Record of attendance at site or house where repair works are carried out must be kept by the Developer or the contractor company carrying out those repair works.
  • Repair works are NOT ALLOWED to be carried out on units where the owner or family is undergoing self-quarantine.

Construction and housing development Works by G1, G2, G3 and G4 contractor

  • All housing development works including Rumah Mesra Rakyat (SPNB) to be undertaken by G1, G2, G3 dan G4 contractor and operations of which are subject to the SOP for Construction issued by Ministry of Works available at www.cidb.gov.my.

SOP for Phase 2

Covid-19 Prevention Measures

  • To take the body temperature of employee and customers at the entrance before entering into the premises. (Body temperature of more than 37.5 Celsius and/or having symptoms like sore throat, cough, flu or difficulty in breathing are NOT ALLOWED to enter into the premises);
  • Developer and the premise owner is required to prepare QR Code of Mysejahtera and a registration log book to record the presence of customers;
  • Register by scanning the MySejahtera QR Code is mandatory in area with good internet coverage. Registration log book recording visitation of customer is only allowed for area which has no internet coverage or other reasonable reasons (senior citizens, not having smart phone etc);
  • Owner of premise is to ensure that only customer who carries the “Low Risk” status including “Casual Contact low Risk” in the MySejahtera are allowed to enter into the respective premises.
  • To adopt physical distancing of 1 meter among individuals;
  • Wash hands with soap and water or to use hand sanitizer often;
  • Wearing of face mask is mandatory;
  • carry out sanitization on all contaminated surface;
  • To ensure good ventilation system in premises adhering to the guidelines of ventilation and indoor air quality issued by the Occupational Safety and Health Department.


Control of Customers’ Entry

  • Presence of customer, supplier and contractor is only on appointment basis;
  • Children below 12 is not allowed to enter
  • Cashless dealings are encouraged

Operations of the Management Office of the Company / Sales Agency

  • To adopt rotation basis for employees and appointment basis for customers to ensure the physical presence of persons in the management office of the developer is always under control.
  • Developer / sales agent are to adopt online platform for matters including marketing, meeting and explaining to the purchasers, contractors and suppliers to reduce physical presence in one location.
  • Premise is to be SHUT immediately for sanitization if there is a positive case of Covid-19 among the workers or customers.

Operations of sales gallery, show unit and property viewing

  • Developer / sales agent are allowed to carry out marketing activity at the sales galley, show unit and sub-sale units;
  • Developer / sales agent needs to ensure that the total number of customers present at the sales gallery do not exceed 80% of the actual capacity of number of customers in a premise.
  • Developer / sales agent is required to fix prior appointment for visit to a show unit or property viewing with the customer and is only allowed to bring a pair only.
  • Travel permit from police is required for the purchaser, parcel owner if inter-district or inter-state is required to travel to the developer office or sales galley for property viewing for purposes of sales and marketing.
  • Developer / sales agent and customers are to adhere to the Covid-19 prevention measures.

Delivery of Notice of Vacant Possession and Keys to parcel

  • Developer is allowed to issue notice for delivery of vacant possession and hand over keys of the unit at the developer’s management office / agent or sales gallery only.
  • Developer / agent is to fix a prior appointment and time for the delivery of keys to the purchaser / parcel owner taking into account the presence of customers are always below 80% of the capacity (of the original numbers of customers) one can receive at any one time and further subject to the National Security Council’s directives.
  • Travel permit from the police is required for purchaser / parcel owner if inter-district or inter-state travel is required to travel the Developer’s office to receive the notice to deliver vacant possession and keys to parcel.
  • Delivery of keys for a sub-sale purchase is ALLOWED adhering to the Covid-19 prevention measures.

Moving Matters

  • Moving matters are ALLOWED.
  • Travel permit from the police is required for purchaser / parcel owner and those involved in the transportation or workers if inter-district or inter-state travel is required to carry out moving matters.
  • Applicant or parcel owner is required to provide details of the moving in/out matters to the management body for a stratified development area or to the Residents’ Association for non-strata development.
  • Moving matters within a stratified development is subject to the SOP for Strata Management downloadable at www.kpkt.gov.my.
  • Communal gathering activities when moving in which involve anyone except the parcel owner and transportation workers are NOT ALLOWED.

Complaints relating to Repair of critical damage / defects works within the defect liability period

  • Defects complaint counters stationed in the office / developer’s company / show room / show unit are ALLOWED.
  • Purchaser / Parcel owner is ALLOWED to lodge a complaint by walking in but is encouraged to lodge complaints through email and Developer is encouraged to develop or use an electronic app to receive, record and verify time and period in rectifying the defects;
  • Developer is allowed to conduct site inspection to investigate the defects complaint of (if necessary) through an appointment;
  • All workers involve in repairing defects are required to wear face mask and adopt physical distancing of at least 1.5m throughout the works;
  • Developer is to ensure that all workers carrying out repair works to undergo temperature check and does not show any symptoms like fever, sore throat, flu or difficulty in breathing before commencing work at site on a daily basis;
  • Only employees of the construction company which obtained approval to operate from CIMS MITI are allowed to undertake repair of defects;
  • No repair work is allowed after 6pm or on weekends or holidays. Only emergency repair works are allowed on non-working days.
  • Record of attendance at site or house where repair works are carried out must be kept by the Developer or the contractor company carrying out those repair works.
  • Repair works are NOT ALLOWED to be carried out on units where the owner or family is undergoing self-quarantine.

Renovation Matters

  • Renovation of a house for dwelling (strata or non-strata) is ALLOWED;
  • All renovation works are subject to the SOP of Construction issued by Ministry of Works (can be downloaded at www.cidb.gov.my.
  • Renovation matters of a strata scheme is subject to the SOP of Strata Management which can be downloaded at www.kpkt.gov.my.

Employees’ Management

  • Employees are allowed to report to work at workplace not more than 9 hours from 8am to 6pm and further subject to National Security Council’s directives.
  • To practise rotation system and they are encouraged to work from home.
  • Employees are NOT ALLOWED to gather during break time and meal time.
  • Report immediately to the Head of Premises / Supervisor if there are symptoms of Covid-19 or any other health problems.

Construction and housing development Works by G1, G2, G3 and G4 contractor

  • All housing development works including Rumah Mesra Rakyat (SPNB) to be undertaken by G1, G2, G3 dan G4 contractor and operations of which are subject to the SOP for Construction issued by Ministry of Works available at www.cidb.gov.my.

Strata Management Seminar 2021 Series 2. View Brochure.
Author
Partner at Chee Hoe & Associates. With 10+ years of experience under his belt, he specializes in civil and corporate litigation. He is also the current Chairperson of various Joint Management Bodies.
Disclaimer: The content provided on this website does not constitute legal advice but are for general informational purposes only. It may not be the most up-to-date legal information after the published date. To seek professional legal advice, please check with your lawyer.