Unlicensed architects and contractors cost homeowners dearly

Advertisements for a one-stop home construction and renovation service are currently popular among the public, but many consumers, including civil servants, pensioners, and celebrities, have fallen prey to scams.

Terdapat beberapa pengguna jualan tolak rumah yang cedera hingga makan ribuan ringgit besar apabila huniannya tidak dilengkapkan, tidak memenuhi spesifikasi keselamatan, dan isu-isu lainnya, menyebabkan persoalan akar punca ini dipersoalkan.

KUALA LUMPUR - Despite the passage of time, the distressed look of a retiree in his 70s still lingers in the mind of Ar Azizul Azwar, a certified architect with extensive experience in dealing with cases of homeowners being duped by dishonest contractors and fly-by-night architects.

A 70-year-old man visited his architect, protesting financial losses of about RM2 million after relying on an unlicensed builder who had been entrusted to construct his desired single-storey house.

In addition to the aggravating circumstances, Azizul, with 17 years of expertise in his field, stated that the victim, a jeweller from the east coast region, was exploited by his own adopted son. According to Azizul, the son, who had been raised by the jeweller from a young age, was appointed as the project contractor in 2018, with a proposed budget of RM1.5 million, although the agreement was informal.

Actually, many people are not aware that problems with unfinished housing projects are mainly caused by two groups: unscrupulous contractors who cheat for profit, and also, some unscrupulous architects who take advantage of those who have little knowledge about the house building system.

Therefore, because of family relationships, he had direct dealings with the contractor. To start with, the contractor requested a specific amount, but later over-and-over again requested more, eventually costing a total of RM2 million, despite the construction project's progress being significantly behind schedule.

"They were unable to locate the architect who oversaw the project once issues arose, as he had vanished by then," the owner of a Melaka-based architecture firm shared in a recent conversation with Bernama.

According to Azizul, just this elderly man's case is only a small part of a much larger problem. He has come across many people who needed his assistance in providing expert witness statements as evidence in court. These encounters have led him to conduct awareness campaigns to address the issue.

At present, many individuals are being misled by contractors offering all-encompassing packages, notably for home construction on their own plots, promising a "from A to Z" service, encompassing the engagement of architects and interior designers.

Many individuals mistakenly think that an architect's function is only to draw up building designs and is not integral to the development or renovation process. They believe the architect's responsibilities cease once the blueprints are created. Consequently, they directly engage contractors, assuming the latter will oversee all aspects of the project.

In the end, the contractor chose not to appoint an architect or submit any plans, which means they were undertaking an unauthorised project without the necessary permission from the local authority (PBT). Instead, to save costs, they hired a fly-by-night architect whose appointment was cheaper. However, these fly-by-night architects only provide plans and construction drawings but are not allowed to act as Principal Submitting Persons (PSPs) or send plans to the PBT, thus rendering the project unlawful.

Only those registered with the Malaysian Board of Architects, the Malaysian Board of Engineers, or the Malaysian Board of Quantity Surveyors can act as licensed Professional Skilled Persons. In the architectural profession, those with the title 'Architect' (Ar) can practise as Professional Skilled Persons.

He claimed that engaging unregistered architects will prevent them from submitting building or housing plans to the PBT, as only architects who are registered with the Malaysian Board of Architects (LAM) are allowed to do so, including obtaining the Certificate of Completion and Compliance (CCC) as required by the Architects Act 1967 and the Uniform Building By-Laws 1986.

Azizul pointed out that unscrupulous contractors frequently request payment from clients despite the project not advancing as planned or the construction not aligning with the specified plans.

He pointed out that projects managed by unscrupulous contractors or fly-by-night architects expose clients to numerous risks, which include subpar designs, safety hazards such as weakened structural integrity, legal obligations, potential project abandonment, and financial losses.

Most Malaysians will only seek the expertise of professional architects when problems arise, like unscrupulous contractors or unlicensed interior designers abandoning their tasks or fly-by-night architects struggling to secure building plan approvals.

"Official endorsements from relevant authorities are vital to ensure constructions adhere to legal standards, rules, and guidelines, by doing so, clients are safeguarded against potential problems later on. To put it simply, registered architects play a crucial role in shielding clients from fraudulent activities, including legal protection," he stated.

THE ROLE OF ARCHITECTS

Architects have a vital role in ensuring that construction projects proceed as planned. Their job demands more than just wearing safety gear, attending meetings, and carrying large documents at construction sites.

They function as Project Supervising Personnel (PSP), responsible for overseeing and tracking the entire construction project from start to finish. This includes presenting their plans to the PBT for endorsement and notifying the PBT when construction commences.

Most notably, Project Supervisors (PSPs) conduct on-site site visits to ensure that all applicable laws and regulations are being adhered to, guarantee the building's safety standards are met, and provide guidance to clients on disbursing payments to contractors.

Not all architecture degree holders who work in architecture firms have the right to be PSPs in Indonesia. Only registered architects with the Indonesian Institute of Architects (LAM) are permitted to serve as PSPs.

Only licensed architects enrolled with LAM, BEM, or BQSM are eligible to act as PSPs or Submitting Persons. In the architecture industry, individuals with the title 'Ar' guarantee the legitimacy and compliance of building projects.

The Emergence of Fly-by-Night Architects: A New Phenomenon in the Architectural Industry
Millions of new Chinese families, relocated or displaced by the!</wares of urbanization, have been established in cities across the nation. Such an influx of people has led to an ever-increasing demand for housing, allowing fly-by-night (unlicensed) architects to thrive in the market.
Presence of thousands of unauthorised housing units tells much of a story of desperation and lack of regulation control. Close examination reveals a practically red-chequered history of complaints against such 'lawless' architects dating back to the late 1980s.
Here are a few possible causes for the relatively slight legal repercussions:
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**An alert and concerned citizen’s heartbreaking account**
A resident of Design Road, Phase 3, Putrajaya, recounts the unbefriending tale of complaints against a certain unlicensed architect named .Cha hez at Real Resources relatives ping good Te spice Hu perms answer Olivia walking Num

The origin of these unscrupulous architects is a matter of curiosity.

He claimed that many of them are individuals within the industry who have adopted a deceiving character by making use of their basic knowledge and experience acquired from their work in the field while pretending to be harmless.

"One can find these unscrupulous architects in various locations, including local authorities (Lembaga Pembandaran dan Pembangunan Awam) and online platforms that provide building and interior design services, such as social media and interior design portals," he said.

They can be architects working in firms without the usual 'Ar' distinction, university-graduated architects, or individuals who have experience in the construction industry and are well-versed in the PBT approval process.

"Sesetengah pekebun tukang dengan latar belakang arkitek sendiri mungkin mula melancarkan firma mereka sendiri dan mempekerjakan arkitek lesehan untuk menghasilkan rancangan dan tandatangan lengkap tanpa mengemukakan mereka untuk diperakukan oleh PBT, sedia maklum prosedur tidak dipatuhi dengan betul," katanya.

Azizul said the collaboration between low-quality architects and opportunistic contractors is making the problem worse.

"It seems certain fly-by-night architects are getting increasingly confident, misrepresenting themselves as architects, utilising construction firms' names, manipulating submission plans with fake signatures, lying to clients about submitting plans, fabricating letters of approval from local authorities, and even setting up construction signage," he said.

He further revealed that some officers from the PBT's Building Department take on a clandestine role as premium architects to supplement their income by secretly drafting and sanctioning building plans for first-time applicants.

VICTIMS FROM VARIOUS BACKGROUNDS

Azizul mentioned that his clients originate from a variety of backgrounds, encompassing civil servants who acquire loans via the Public Sector Home Financing Board (LPPSA), retired government personnel seeking to construct homes, and semi-professionals employed in the private sector.

"I have come across clients, an unmarried couple aged in their 30s, who were visibly distraught, expressing deep regret over their decision not to acquire sufficient knowledge before engaging the services of contractors and architects. As a result, they found themselves having exhausted their entire budget, with a staggering RM340,000 spent, yet only 20 per cent of their project was completed," he said.

Penduduk biasanya mengenali mereka telah ditipu hanya apabila akaun simpanan mereka mengurut dan kerja pembinaan masih belum siap.

It is crucial to have a skilled architect overseeing the project from the outset and supervising the payments. If proper supervision had been in place, this could have been avoided.

Several fly-by-night architects have become more prominent due to the reluctance of victims, often leading to embarrassment and an acknowledgement of mistakes made. This reluctance allows such perpetrator architects, who frequently conspire with unscrupulous contractors, to operate freely.

According to Azizul, nearly all victims who fell victim to scams were unable to recover their lost money.

"It is difficult to take them to court as most victims feel embarrassed to make a police report, aware of their own wrongdoing. Typically, the contracts given to homeowners by contractors are one-sided, and these will be scrutinized in court," he said.

Additionally, some victims are unwilling to take legal action due to the high cost of lawyers' fees and the substantial time and effort involved, making it even more challenging for them, as they are already financially strained, according to Azizul.