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BTBE 2033

BUILDING BY-LAWS,
ACTS
& CONTRACT

BTBE 2033 Building by-Laws, Acts and Contracts

Lecture1

Introduction to Building by-Laws, Acts and Contract


The Construction Parties & roles & Development process

Lecture 2

Standard Forms of Building Contracts

Lecture 3

Time in Building Contracts

Lecture 4

Payment & Variation in Building Contracts

Lecture 5

Indemnity and Insurance

Lecture 6

Quality & Administration Procedures

Lecture 7

Uniform Building By-Laws (UBBL)- Space, Light & Ventilation

Lecture 8

UBBL Building requirements & Structural requirements

Lecture 9

UBBL Fire requirements & Construction requirement

Lecture 10

Street, Drainage & Building Act


Town & Country Planning Act

Lecture 11

Occupational Safety & Health Act

Lecture 12

Environmental Quality Act

Lecture 13

Professionals Acts; CIDB Act

Week 14

Revision

BTBE 2033 Building by-Laws, Acts and Contracts

LECTURE 1:
THE CONSTRUCTION PARTIES & ROLES & DEVELOPMENT
PROCESS

Project Team

Client
(Employer)

BTBE 2033 Building by-Laws, Acts and Contracts

Consultants

Contractor

Client (Employer)

Commissions a building project


The end user of the building (exceptions: housing developer, property
investor etc.)

Two categories of Client:


Public sector government
Private sector home-owners / commercial companies

Client may rely solely on his Consultants to advise him


Some corporate clients have their own in-house consultant team

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Consultants
Engaged by the Client to provide professional services
Registered with their respective professional institutions

Advisors to the Client in a building project


Clients agents
Independent certifier in the building contract
-

Architect and/or Engineers

Other Consultants:-

Planner

Quantity Surveyor

Land Surveyor

Landscape Architect

Geotechnical Consultant

Interior Designer

BTBE 2033 Building by-Laws, Acts and Contracts

Contractor

Contractor and Employer (Client) are parties to a building contract

Traditionally, the Contractor executes and completes the building works in


accordance with the design and specifications prepared by the
Consultants (Architect and Engineers)

Design & Build Contractors undertake projects that require high level of
technical expertise. D & B Contractors normally have their own in-house
consultant team to work on the design.

BTBE 2033 Building by-Laws, Acts and Contracts

Approved
ARCHITECT

C&S ENGINEER

SUBMISSION

PLANNER

Complied

Construction
AUTHORITY
Building contract
EMPLOYER
CONTRACTOR

M&E ENGINEER
LANDSCAPE
ARCHITECT

THE DEVELOPMENT
PROCESS

QUANTITY
SURVEYOR

OTHERS
INTERIOR DESIGNER
GEOTECHNICAL CONSULTANT
EIA CONSULTANT

BTBE 2033 Building by-Laws, Acts and Contracts

LECTURE 5:
STANDARD FORMS OF BUILDING
CONTRACTS
Three common types of building contracts based on method of
remuneration:

Lump Sum Contract

Unit Price Contract

Cost Plus Contract

BTBE 2033 Building by-Laws, Acts and Contracts

Lump Sum Contract


A contract wherein the contractor undertakes to complete the specified
works for a fixed price

This type of contract is suitable if the scope of works is sufficiently defined


to allow the consultants to estimate the project costs

BTBE 2033 Building by-Laws, Acts and Contracts

Unit Price Contract


A contract wherein the amount of the completed work is to be measured
and valued based on a schedule of rate (unit price) for each type of
materials

The final contract sum will depend on the measurement of the quantities
of materials required to complete the works

BTBE 2033 Building by-Laws, Acts and Contracts

Cost Plus Contract


A contract wherein the Employer agrees to pay the cost of all labour and
materials plus an amount for the Contractors overhead and profit (usually
as a percentage of the labour and material cost)

This type of contract is suitable where the scope of the works is


indeterminate or highly uncertain

Under this arrangement, complete records of all time and materials spent
by the contractor on the work must be maintained

BTBE 2033 Building by-Laws, Acts and Contracts

Standard Forms of Building Contracts


Why Standard Form?

To facilitate the ease of contract management

To enable various parties involved in a building contract to easily


understand their rights, obligations, liabilities and duties

Advantages:

Cost saving familiarity with their operation, limitations and


drawback.

Time saving - Savings in time and costs when standard forms are used
compared to the costs of drawing up fresh contracts

Reliability - avoiding unwarranted disputes in court or arbitration

more balanced allocation of risk between the contracting parties

BTBE 2033 Building by-Laws, Acts and Contracts

Types of Standard Forms of Building Contract Commonly Used in Malaysia:

PAM Form (issued by Pertubuhan Akitek Malaysia)

IEM Form (issued by Institution of Engineers Malaysia)

CIDB Form (issued by the Malaysian Construction Industry Development


Board)

JKR (PWD) Form (issued by Jabatan Kerja Raya / Public Works Department)

Standard Forms of Building Contract Commonly Used internationally:


The FIDIC (Federation Internationale des Ingenieurs Conseils) Standard
form of Contract - UK, European and international standard
The JCT(Joint Contract Tribunal) based in London

BTBE 2033 Building by-Laws, Acts and Contracts

Private Sector
Pertubuhan Arkitek Malaysia (PAM)

PAM 2006 (previously 1998) with quantities

PAM 2006 without quantities

PAM NSC 2006 to be used for NSC where the main


contract is based upon the above

BTBE 2033 Building by-Laws, Acts and Contracts

Pertubuhan Arkitek Malaysia (PAM)


PAM 2006
Usage:

Private Sector projects

Building works

Contracts undertaken through Traditional


General Contracting Procurement
BTBE 2033 Building by-Laws, Acts and Contracts

Government / Public Sector


Public Works Department:

PWD Form 203A (Rev. 2010)


without quantities
with quantities

PWD Form 203N for Nominated Sub-Contractors

PWD Form 203P for Nominated Suppliers

PWD Form DB/T for Design & Build Turnkey


Contract

BTBE 2033 Building by-Laws, Acts and Contracts

Government / Public Sector


Construction Industry Development Board:
CIDB Form for Building Contracts 2000 Edition

Standard Performa for Contract administration


(for use in conjunction with the CIDB Standard Form
of Contract for building works)
CIDB Standards Form of Sub-contract for
Nominated Sub-Contractor [Form CIDB.B (NSC)
/2002] (to complement the Standard Form of Contract
for Building Works.
BTBE 2033 Building by-Laws, Acts and Contracts

Private Sector
Civil Engineering Works

IEM Condition IEM.CE 1/89. Mainly for Civil


Engineering Construction (Second Reprint
1994).

IEM Condition IEM.CES 1/90.Sub-contract for


use in conjunction with the IEM Condition (First
Reprint 1994).
BTBE 2033 Building by-Laws, Acts and Contracts

The Common Elements


in Standard Forms of Contracts

Scope of works

Documents and procedures

Rights and obligations of the parties

Duties of the Contract Administrator and other agents

Time for performance

Terms of payment

Standards of works, materials and workmanship

Variations

Indemnity and Insurance

Disputes

Damages

Termination

BTBE 2033 Building by-Laws, Acts and Contracts

Can we amend any clause in


a Standard Form?

Yes - because ultimately a contract is an agreement between two


parties (amendments must be countersigned by both parties)

The normal practice to make any amendment to use the original copy
of standard form as a template and to add, omit, substitute or revise
the clause to suit particular requirements of the parties

Caution must be taken in any amendment to avoid creating


discrepancies or inconsistencies

BTBE 2033 Building by-Laws, Acts and Contracts

Express Terms vs. Implied Terms


The clauses in the standard form will be the express terms of a contract.

However, a standard form is not a self-sufficient document.

Any condition not expressly provided for under the standard form shall
subject to the provisions of relevant legislations such as the Contracts Act
1950 and the Sale of Goods Act 1957 the implied terms of the contract

BTBE 2033 Building by-Laws, Acts and Contracts

Classification of Contractual Terms

Conditions Essential terms of a contract; a breach of condition will


entitle the innocent party to rescind the contract and claim for any
damages suffered

Warranties Subsidiary (collateral) terms of a contract; a breach of


warranty will entitle the innocent party to claim damages only

Innominate (Intermediate) Terms Terms which cannot be classified


as condition or warranty; the consequence of the breach of such terms
will depend on the nature of the event to which the breach gives rise; a
serious breach will give the innocent party a right to rescind the contract,
otherwise only a remedy in damages

BTBE 2033 Building by-Laws, Acts and Contracts

PAM Form of Building Contract


There are two editions of PAM Form:

PAM Form (With Quantities)

PAM Form (Without Quantities) used for projects not


warranting quantities as part of the contract; without bills of
quantities

Our subsequent studies will be based on the latest


standard PAM Contract 2006 (With Quantities)

BTBE 2033 Building by-Laws, Acts and Contracts

There are mainly three sections in


the PAM Form as follows:

Articles of Agreement

Conditions of Contract

Appendix

BTBE 2033 Building by-Laws, Acts and Contracts

Articles of Agreement
This section consists of:

date of agreement

the description of the works

names of Employer, Contractor, Architect, Engineer, QS etc. (and their


respective roles)

the contract sum

definitions of words

attestation (signatures of Employer & Contractor)

BTBE 2033 Building by-Laws, Acts and Contracts

Date of Contract

Employer & particulars

Contractor & particulars

Contract title / Project title

BTBE 2033 Building by-Laws, Acts and Contracts

Date of Contract

Consideration Contract Sum

Architect & particulars

BTBE 2033 Building by-Laws, Acts and Contracts

Definition of terms

BTBE 2033 Building by-Laws, Acts and Contracts

attestation (signatures of
Employer & Contractor)

BTBE 2033 Building by-Laws, Acts and Contracts

Conditions of Contract
There are 38 clauses in the PAM 2006 Contract as conditions of contract
which establish the contractual relationships between the Employer and
Contractor, their respective rights, obligations and liabilities in the contract,
and the duties of the Architect (Contract Administrator) and other agents
of the Employer (e.g. Site Staff)

Note:
There were only 35 clauses in the PAM 1998 Form

BTBE 2033 Building by-Laws, Acts and Contracts

Appendix
This section serves as a summary of the important details of the contract,
including:

Date of Commencement

Completion Date (Date for Completion)

Defect Liability Period (DLP)

Liquidated Damages

(Liquidated & Ascertained Damaged or LAD)

BTBE 2033 Building by-Laws, Acts and Contracts

Appendix

BTBE 2033 Building by-Laws, Acts and Contracts

Appendix

BTBE 2033 Building by-Laws, Acts and Contracts

Lump Sum Contract


PAM Form of Building Contract is a contract for a lump sum, i.e. the
contractor is required to complete the specified works for a fixed sum
(contract sum), subject to adjustments if there is any variation made in
accordance with the contract.

(Original) Contract Sum + Variations = Adjusted/Final Contract Sum

BTBE 2033 Building by-Laws, Acts and Contracts

Contracting Parties

BTBE 2033 Building by-Laws, Acts and Contracts

Rights, Obligations and Liabilities


Employers Rights:

Right to deduct payment as liquidated damages for


non-completion

Right to determine the contract if breach by Contractor

Employers Obligations:

To grant unobstructed site possession

To provide sufficient information in a reasonable time

To honour certificates of payment promptly

To obtain necessary statutory approvals (e.g. building plan approval)

BTBE 2033 Building by-Laws, Acts and Contracts

Rights, Obligations and Liabilities


Contractors Rights:

Right to uninterrupted possession of site

Right to adjust contract sum for variation order

Right to claim EOT and L/E

Right to determine the contract if breach by Employer

To

clarify scope of work, eg.. whether follow someone elses design or


own design, to clarify on limit of his work, confirm standard of work
required and quality of workmanship or materials
right

to be paid.

BTBE 2033 Building by-Laws, Acts and Contracts

Rights, Obligations and Liabilities


Contractors Obligations:

To complete the work on agreed Completion Date

Quality of workmanship and materials; adequacy & safety of site


operations

To comply with statutory requirements

To make good defects within DLP at own expense

To comply with Architects Instructions

To indemnify the Employer against 3rd party claims

To insure the works until practical completion

BTBE 2033 Building by-Laws, Acts and Contracts

Rights, Obligations and Liabilities


Contractors Liabilities:

Tortious liability to persons on site and passers-by

Liability to comply with statutory regulations e.g. maintain public


utilities, health & safety

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

Roles of consultants in PAM form of Contract

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

BTBE 2033 Building by-Laws, Acts and Contracts

Duties of Architect (under PAM Form)

Person in charge of the administration and supervision of the


contract (consistent with his statutory duty to supervise building
works)

Intermediary between Employer and Contractor (Architect to provide


information and give instructions to Contractor as and when
necessary)

Independent certifier (issuing certificates in an impartial manner to


the Contractor for interim payments / status of works, granting
extension of time, and ascertainment of loss and/or expense)

BTBE 2033 Building by-Laws, Acts and Contracts

Duties of Architect (under PAM Form)

administration and supervision of the contract

Intermediary

Independent certifier

BTBE 2033 Building by-Laws, Acts and Contracts

Duties of Architect (under PAM Form)

BTBE 2033 Building by-Laws, Acts and Contracts

The Roles of Engineer & QS


(under PAM Form)
Role of Engineer

To assist the Architect with specialist engineering works relating to


structural and civil works, mechanical and electrical works or any other
engineering works

Role of Quantity Surveyor

To assist the Architect in the measuring and valuation of the work,


materials and goods

BTBE 2033 Building by-Laws, Acts and Contracts

Revision Exercise
Study the standard PAM Form of Building Contract 2006 (With Quantities). Try
to familiarise yourself with some of the important terms such as the following:
Contract Sum . Contract Documents
Conditions of Contract . Letter of Acceptance
Work Programme . Variation
Inspection and Testing . Site Staff . Site Agent
Practical Completion . Defects Liability Period
Making Good Defects . Indemnity
Date of Commencement . Completion Date
Non-completion . Liquidated Damages
Extension of Time . Loss and/or Expense

Determination . Nominated Sub-contractor


Certificate . Valuation
BTBE 2033 Building by-Laws, Acts and Contracts

LECTURE 2:
TIME RELATED ISSUES IN STANDARD
FORM OF BUILDING CONTRACTS
Time in a contract usually means the specified period
(or duration) for the promisor to perform his promises
under the contract.

Time is of the Essence of Contract?


If

the time for performance is specified, then time is


the essence of the contract; the promisor must
perform his promises at or before the specified time
For eg. Contract duration is 12 months starting from 1January 2014 31 December 2014

no time for performance is specified, then time


is not the essence of the contract; the promisor must
perform his promises within a reasonable time

If

Contracts Act 1950 provides that:Section 47


Where, by contract, a promisor is to perform his promise
without application by the promisee, and no time for
performance is specified, the engagement must be
performed within a reasonable time.
Section 56(1)

When a party to a contract promises to do a certain thing at


or before a specified time, or certain things at or before
specified times, and fails to do any such thing at or before
the specified time, the contract, or so much of it as has not
been performed, becomes voidable at the option of the
promisee, if the intention of the parties was that time should
be of the essence of the contract.

Under the provisions of Contracts Act 1950:


Section 56(2)
If it was not the intention of the parties that time
should be of the essence of the contract, the contract
does not become voidable by the failure to do the thing
at or before the specified time; but the promisee is
entitled to compensation from the promisor for any
loss occasioned to him by the failure.

Time in the PAM Contract 2006


In PAM Contract 2006 time is of essence.
Reason:1. Time for performance is specified
2. Specified Date of Commencement and Completion
Date
3. Contain Clauses related to time obligations on the
Contractor: Clause 22.1 If the Contractor fails to complete the works
by the Completion Date or any approved extended date, he
shall be liable to pay Liquidated Damages to the Employer
for the period of delay
Clause 23.6 Obligation of the Contractor to use his best
endeavours to prevent delay in the progress of the works

Time in the PAM Contract 2006


The Employer has no power to determine the contract
merely because the Contractor fails to complete the
works by the Completion Date, unless there are signs of
breach of the contract by the Contractor, such as the
following instances:

The Contractor wholly suspends the works without a


reasonable cause; or

The Contractor fails to proceed regularly and diligently


with the works; or

The Contractor has abandoned the contract (with no


intention to continue)

Date of Commencement
The

fixed date for which the possession of the site


is to be given to the Contractor to begin his work

Beginning

of the contract period

Completion Date
The

fixed date for which the Contractor shall


complete his works and hand over to the Employer

If

the Contractor is entitled to any extension of time


(EOT), a new Completion Date will be fixed

Article 7

Clause

Appendix

BTBE 2033 Building by-Laws, Acts and Contracts

Award of
contract

Date of
Commencement

Completion Date

Scenario 1:Contractor Manage to


complete on time

Scenario 2:Contractor delayed


Then complete at a
later Date

BTBE 2033 Building by-Laws, Acts and Contracts

Scenario 4:
-Extra time given,
Contractor delayed
on the new date
only complete on a
later date

Scenario 3:-Extra
time given,
Contractor complete
on a New date

Scenario 1-Contractor completed on time


Practical Completion
Practical

Completion means

the Employer can have full use of the works for their
intended purposes

as certified by the Architect

despite minor works and/or defects pending


completion and/or rectification by the Contractor within
a reasonable time.

BTBE 2033 Building by-Laws, Acts and Contracts

The Effect of Completion


When the Contract Adminisrator (S.0 or the Architect or
Client Representative) certifies that the Works have been
practically completed, the effect (typically) as follows:
1. The Employer is entitled and obliged to take possession of the
Works

2. The beginning of the Defect Liability Period


3. The Contractors responsibility to insure the Works comes to an
end. (It should not be until the end of Defect Liability Period.)
4. Any liability of the Contractor to pay damages for late completion
ceases.
5. The Contractor is entitled to the release of half of the
accumulated retention money.
6. The beginning of the process of preparation the Final Account
61

Contractors obligation to get CPC


When the Works have been practically completed,
Contractor shall:
1. Notify architect
2. Undertake to make good and to complete works and defects of a
minor nature

Architect shall:
Within 14 days from contractors written notice, decide/certify
-

Works not practically completed, stating reason

Works are practically completed, issue CPC. Date of CPC shall


be
-

Date of Contractor undertaking letter to item 2 above OR

62
date of contractors notice that there is no works
and
defects anymore

Defect Liability Period (DLP)

The warranty period stated in the contract where the


Contractor shall make good at his own expense any
latent defect that appears during this period

If not stated, it shall be 12 months from the date of


Practical Completion

Scenario 1-Contractor completed on time

Award of
contract

Date of
Commencement

Completion Date

Scenario 1:Contractor Manage to


complete on time

BTBE 2033 Building by-Laws, Acts and Contracts

Issuance of Certificate
of Practical Completion

Defect Liability Period


started

Scenario 2-Contractor delayed on


Completion Date

Non-Completion
Contractor

unable to complete the Works by the


Completion Date

No

extension of time is given to the Contractor

Architect

shall issue Certificate of Non-Completion

The Effect of Non-Completion


Liquidated Damages
When the Contract Administrator (Architect or Client
Representative) certifies the Certificate of Non-Completion,
the effect (typically) as follows:
1. The Employer is entitled for the liquidated damages calculated at
the rate stated in the Appendix

2. Liquidated Damages is calculated per Day basis from Completion


Date (or any approved extended date) to date of Practical
Completion
3. Liquidated Damages is a genuine pre-estimate amount of loss
and/or damage suffered by the Employer in the event of noncompletion.
4. It is a form of monetary compensation. Usually it is stated as a
rate, e.g. RM1,000 per Day.
5. Liquidated Damages was previously named as Liquidated
and
66
Ascertained Damages (LAD) In the PAM 1998 Form

Liquidated Damages

Common law systems that if a clause for liquidated damages has


been included as a penalty for late completion, rather than a genuine
pre-estimate of loss, then the courts will not enforce it.

Once the Employer has decided to include a liquidated damages


clause, he must then consider the type of damages he is likely to want
to recover and the calculation method to adopt. Typically the Employer
must consider the following likely damages which result from delay:
A) Direct Costs incurred under the Contract
B) Lost Revenue and Profit
C) Additional Project Administration Costs
D) Damages and Penalties to which they may be liable
E) Interest and Financing Costs
F) Cost Implications to third-party contracts
67
G) Losses for Tax or Investment Incentives

Scenario 2- Contractor delayed on Completion Date

Award of
contract

Date of
Commencement

Completion Date
Scenario 2:Contractor delayed

Contractor complete on
a later date
Certificate of Practical
Completion
BTBE 2033 Building by-Laws, Acts and Contracts

Issuance of Certificate
of Non-Completion
Liquidated damages
imposed
Liquidated damages
stop, Defect Liability
Period start

Scenario 3-Non-Completion Extra time given


Contractor

unable to complete the Works by the


Completion Date

If

the default is not by Contractor but the due to certain


event that falls under clause 23.8, Extension of time (EOT)
will be given to the Contractor -

Extension of Time (EOT)


Under Clause 23.8 of the PAM Contract 2006, the
following relevant events may entitle the contractor
an EOT:
1. Force majeure

Act of God / Adverse physical obstructions

2. Exceptionally inclement weather

Adverse weather condition

Evidence: site weather records from Malaysian


Meteorological Department / weather station

Extension of Time (EOT)


(continued)

3. Insurance contingencies
Delay caused by some occurrence normally covered
by works insurance
Contingencies: fire, storm, earthquake etc.
4. Civil commotion, strikes, lockout
Affecting the trades engaged in the preparation,
manufacture or transportation of any goods or
materials required for the works
5. Late instructions
Architect fails to give necessary instructions, drawings,
details or levels within reasonable time frame after
contractor specifically applied in writing

Extension of Time (EOT)


(continued)

6. Delay by Employer in giving site possession


7. Compliance with Architects Instructions
Discrepancies / divergences in contract drawings and BQ;
Variation; Postponement/suspension of works, or others
affecting the progress of works

8. Delay by Nominated Sub-Contractors (NSC)/


Nominated Suppliers (due to one of the reasons under
clause 23.8)
9. Re-nomination of NSC when determined by
Contractor with Architects consent

Extension of Time (EOT)


(continued)
10. Delay by the Employers artists or tradesmen
Delay on the part of Employers artists/tradesmen
11. Delay/failure by the Employer to supply materials
and goods which he has agreed

12. Unnecessary testing & inspection


Opening up of any work (as instructed by Architect)
and no non-compliance found
Contractor may recover cost of opening up and direct
loss and/or expense unless test shows that the works
are not in accordance with the Contract

Extension of Time (EOT)


(continued)
13. Act of prevention or breach of contract by the
Employer
Example: delay by Employer in giving site possession,
or in appointing NSC/ NS
14. War Damage
15. Compliance with Architects Instruction regarding
discovery of antiquities
16. Compliance with any changes to any law,
regulations, by-laws etc. by the Authority
17. Delay caused by the Authority or Service Provider
(e.g. water, electricity, telephone, sewerage etc.)

Extension of Time (EOT)


(continued)
18. Replacement of Architect, Engineer, QS or other
specialist consultants named in the contract

19. Compliance of Architects Instruction regarding


disputes with neighbouring property owners
20. Delay as a result of the execution of works under
Provisional Quantity which is not a reasonably
accurate forecast
21. Failure of Employer to give in due time entry to (or
exit from) the site

Extension of Time (EOT)


(continued)
22. Suspension of works by the Contractor due to
non-payment or compulsory suspension of works
due to withdrawal of Architect/ Engineer from the
supervision of the works

23. Suspension of the works by order of Authority


provided it is not due to the Contractors default.
24. Any other ground expressly stated in the Contract

Criteria for Granting EOT to Contractor


Under the PAM Contract, a fair and reasonable EOT can be
given to the Contractor provided:
Clause

23.6 - the Contractor must use his best


endeavours to prevent delay in the progress of the works;
and

clause 23.1 - the Contractor must give written notice to the


Architect in due time (28 days); and

clause 23.8 - the reasons for the EOT claim are based on
the events under Clause 23.8; and
the event impacts the critical path of the contractors work
programme

Contractors obligation to notify


Architect of events causing delay

the

When it becomes reasonably apparent that the


progress of works is likely to be delayed beyond
the
Completion Date, the Contractor shall within 28 days
from the date of AI/ CAI/ Commencement of event:1. notify the Architect in writing identifying the relevant
events causing delay
2. giving details of the expected effect
3. Giving an estimate of the extension of time required
(EOT claim)
This notice is a condition precedent to an entitlement of
EOT

Assessing the EOT


Architect are able to request for additional
information that enable him to evaluate the claim for
EOT (within 28 days upon receiving Contractors
claim)
2. Architect shall within 6 weeks from receipt of
sufficient particulars reply to the Contractor if EOT
will be granted OR claim rejected
3. If granted, the Architect shall issue the Certificate
of Extension of Time to set a later Completion
Date
4. If rejected, the Architect shall issue a written notice
of rejection
5. The new Completion Date must not be earlier than
the original Date for Completion
1.

Contractors Default

No EOT shall be given where the Contractor is to


comply with Architects instructions to cure any default of
the Contractor himself (e.g. rectifying defects)

Employer shall not influence the Architects


decision to give EOT
The Architect must act independently in assessing the
Contractors claim for EOT

EOT. clause is put into the Contract to cater


for the delay caused by:1) Employer or the Architect
Without EOT Clause, the completion of works delayed by
the Employer/Architect will also relieve the Contractor from
his liability to pay liquidated damages and the time for
completion may become at large.
2) Neither party of the Contract
i) As a fair sharing of the risk between the parties.
ii) Under those events caused by neither party which are
expressly provided in the Contract, the Contractor is
entitled to EOT only. No monetary compensation will be
paid to the Contractor. (neutral event)
BTBE 2033 Building by-Laws, Acts and Contracts

Can EOT clause be deleted?


1. In the absence of express Contractual power
to extend the time for completion, the
Architect could not do so.
2. Failure by the Architect to properly exercise
the power to extend time will cause the time
for completion may become at large.
Time is at large
- If time is at large, the contractor is only required to
complete the works within a reasonable period of time.
- However, this does not mean that the contractor has as
much time as he wants to complete the works
- Where time is at large, there will no longer be a fixed date
from which liquidated damages can run and therefore the
employer will lose its right to claim liquidated damages.
BTBE 2033 Building by-Laws, Acts and Contracts

Loss and/or Expense

Under Clause 24.0, the Contractor is entitled to


claim for loss and/or expense if the regular
progress of works is materially affected

Therefore, in addition to EOT, the Contractor may


claim for loss and/or expense under the relevant
events, except under neutral events (i.e. not the
fault of Employer or his agents)

The Architect is to ascertain the Contractors claim


for loss and/or expense

Scenario 3- Contractor delayed but EOT granted


Award

Date of
Commencement

YES

Completion
Date

Default by Contractor?

Works not
completed
Issuance of Certificate
of Non-Completion

NO
No extension of time
will be granted

Certificate of Extension of time


(CNC revoked- clause 22.3)

Liquidated damages imposed


Contractor complete on a later
date Certificate of Practical
Completion
BTBE 2033 Building by-Laws, Acts and Contracts
Liquidated
damages stop, Defect
Liability Period start

New Completion Date set

Contractor complete on a later


date Certificate of Practical
Completion

Scenario 3-Non-Completion Extra time given

Certificate of Extension of Time


Granted before completion date a later Completion Date will be
set
Granted after Completion Date Certificate of Non-Completion
might has been issued, issuance of Certificate of Extension of Time
will revoke the CNC issued previously adjustment on liquidated
damages

BTBE 2033 Building by-Laws, Acts and Contracts

Scenario 4: -Extra time given, Contractor delayed on the new


date only complete on a later date
Award

Date of
Commencement

YES

Completion
Date

Default by Contractor?

Works not
completed
Issuance of Certificate
of Non-Completion

NO
No extension of time
will be granted

Certificate of Extension of time


(CNC revoked- clause 22.3)

Liquidated damages imposed


Contractor complete on a later
date Certificate of Practical
Completion
BTBE 2033 Building by-Laws, Acts and Contracts
Liquidated
damages stop, Defect
Liability Period start

New Completion Date set

Contractor still unable to


complete on a later date

Revision Questions
1.

State whether the Contractor is entitled to claim


Extension of Time and Loss and/or Expense in
the following events and explain the reasons:
a. Delay due to the Sub-contractors mistake in
executing his work.

Outline Answers
a.

Not entitled to EOT and L/E because there is no


such provision in the contract. The Main Contractor
shall be liable for the Sub-contractors mistake
under the contract.

Revision Questions
(continued)
b. Time loss due to the Employers delay in
delivering the light fittings which he had
promised to deliver for the Contractors
installation.

Outline Answers
b.

Entitled to EOT and L/E under the provision of


clause 23.8(k) and clause 24.3(e)

Revision Questions
(continued)
c. Some of the Contractors excavators were
stolen and as a result he was unable to
complete the works in time due to the lack of
equipment.

Outline Answers
c.

Not entitled to EOT and L/E because there is no


such provision in the contract.
Clause 1.2 contractors obligation to ensure
adequacy of all site operations

Revision Questions
(continued)
d. While the Contractor was about to complete
the foundation works, he received an
Architects Instruction to change the type of
roof tiles for the building.

Outline Answers
d.

Not entitled to EOT because the variation works


does not impact the critical path of the contractors
work programme. Not entitled to L/E.

Revision Questions
(continued)
e. While the Contractor was about to complete
the painting works, he received an Architects
Instruction to change the colour scheme of the
entire building.

Outline Answers
e.

Entitled to EOT under the provision of clause


23.8(g) - variation works which affect the critical
path of the contractors work programme;
Entitled to L/E under clause 11.7 direct loss
and/or expense caused by variation

Revision Questions
(continued)
f.

Delay for one week due to flash flood.

Outline Answers

f.

Entitled to EOT under the provision of clause


23.8(a). Not entitled to claim L/E because flash
flood is a neutral event (not the fault of Employer
or his agents).

LECTURE 7:
UNIFORM BUILDING BY-LAWS (UBBL)
Objective of UBBL

To regulate the design and construction of buildings and the provision of


services, fittings and equipment for the purposes of securing the health,
safety, welfare and convenience of the persons in or about buildings, for
furthering the conservation of fuel and power, and preventing waste, undue
consumption, misuse or contamination of water.

BTBE 2033 Building by-Laws, Acts and Contracts

UNIFORM BUILDING BY-LAWS (UBBL)


What is UBBL and why is it important?

UBBL is a compilation of
-

Standardised building regulations for the whole Malaysia and applicable


to all Local Authority and building professionals

Clarified line of legal responsibilities for buildings with clear definition on


the principal submitting person

BTBE 2033 Building by-Laws, Acts and Contracts

Uniformity
UBBL is intended to establish uniformity of by-law standards and control
throughout Malaysia, thus avoiding multiple interpretations and
applications of existing regulating rules which cause confusion and
abuses.

BTBE 2033 Building by-Laws, Acts and Contracts

Street, Drainage and Building Act 1974


UBBL 1984 is a delegated legislation made under the Street,
Drainage and Building Act 1974 (Act 133).

UBBL 1984 comprises 9 Parts.

BTBE 2033 Building by-Laws, Acts and Contracts

Part I: Preliminary
Part II: Submission of Plans for Approval
Part III: Space, Light and Ventilation
Part IV: Temporary Works in Connection with Building
Operations
Part V: Structural Requirements
Part VI: Constructional Requirements
Part VII: Fire Requirements
Part VIII: Fire Alarms, Fire Detection,
Fire Extinguishment and Fire Fighting Access

BTBE 2033 Building by-Laws, Acts and Contracts

Part I: Preliminary

Definitions and interpretations used in the by-laws

Establish the powers of the by-laws and its identity

BTBE 2033 Building by-Laws, Acts and Contracts

Part II: Submission of Plans for Approval

The procedures for submitting plans to the local


authority for their approval for permanent and
temporary buildings, advertisement and perimeter

hoardings

Rights, obligations & responsibilities of:

- Local Authority

- Qualified Person (architect, registered building


draughtsman or engineer)
- Land Owner / Occupier

BTBE 2033 Building by-Laws, Acts and Contracts

Part II: Submission of Plans for Approval


Clause

3(2) - all plans for building submitting to the local authority shall
be submitted by a qualified person

Who

is a qualified person?
Means any Professional Architect, Professional Engineer or building
draughtsman registered under any law relating to the registration thereof

Who is the submitting person


a qualified person who submits plans, other than building plans, to the
Commissioner or relevant statutory authority in accordance with these By-laws
and includes any other qualified person who takes over the duties and
responsibilities of or acts for the first-mentioned qualified person in
accordance with by-law 8
BTBE 2033 Building by-Laws, Acts and Contracts

Part II: Submission of Plans for Approval


By-law 5: Supervision of work

- No building shall be erected unless the Qualified Person (QP)


undertakes the supervision of the erection and setting out of the building.

BTBE 2033 Building by-Laws, Acts and Contracts

Part II: Submission of Plans for Approval


Submission, approval and certification

- Methods of submission of plans


- Contents & formats of plans to be submitted
(Form A: certification of building plans /
structural plans)

- Permits (for temporary works etc.)


- Notices
Form B: commencement/resumption of building
Form C: completion of setting out

Form D: completion of foundations


Form E: application for CFO
BTBE 2033 Building by-Laws, Acts and Contracts

operation

Section 10 (1)
A) A site plan

proposed building site together with lot number

access to the site from the street, name of the street

distance from centre and side of roadway

complete line of surface water and foul water drainage

scale where the north point

Dimension of clearance between building and


boundaries

All lines proposed adjustment of land and lots


dimension where required by the local authority.

Existing and proposed ground level of the site

BTBE 2033 Building by-Laws, Acts and Contracts

Section 10 (1)
B) A floor plan of each floor except when other floors are
representative or are identical floors, containing the
following

Dimension of the building and room and wall thickness

Dimension of the door and window, daylight area, airwells, back areas, open spaces of the building

Dimension between wall, piers and stanchions of the


foundation plan

Lines show permanent drainage of the site with arrows


indicating the direction of flow

Names and use of the rooms

BTBE 2033 Building by-Laws, Acts and Contracts

Section 10 (1)
C) Cross longitudinal and other sections to clearly delineate the
construction of the building

Ground level and proposed new ground level if the level of the site
is to be raised or lowered

Level of the street, roadside drain and verandah-way

Width and depth of foundations and thickness of walls, partitions


and floors

The height of the storey, staircase, doors and windows and


ventilating openings

Size, position and direction of floor joists and beams and the
construction of the roof

Material to be used in the construction of the structure

Front, rear and side elevations shows level of adjoining, floor


levels, main coping, parapets, and verandah heights, material
purpose for walls, windows and roof.

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 20

Advertisement Hoarding
Require temporary permit (annual)
Imposed by local authority
Sketch of drawing required to submit

Certificate of completion and


compliance (CCC)

A CCC shall be issued by the principal submitting person

(a) when all the technical conditions as imposed by the Commissioner


have been duly complied with;

(b) when Forms G1 to G21 in respect of stage certifications as set out in


the Second Schedule have been duly certified and received by him;

(c) when all the essential services, including access roads, landscape, car
parks, drains, sanitary, water and electricity installations, fire hydrants,
sewerage and refuse disposal requirements and, fire lifts where required,
have been provided; and

(d) when he certifies in Form F that he has supervised the erection and
completion of the building and that to the best of his knowledge and
belief the building has been constructed and completed in accordance
with the Act, these By-laws and the approved plans

Upon the issuance of the CCC, the principal submitting


person accepts full responsibility for the issuance of the
CCC and he certifies that the building is safe and fit for
occupation

Part II: Submission of Plans for Approval


Certificate of Completion and Compliance (CCC)

Criteria for the issuance of CCC:

QP certified in Form F (completion and compliance)

Authority
All

inspections

essential services provided

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Generally
-

The required / minimum space (dimension}, light and ventilation to be


provided in building

Clause 30
-

Every building must have sufficient open space unless the local authority
opine that in any particular situation, air space is otherwise sufficiently and
permanently provided

Clause 31
-

Whenever open space has been provided, no person shall without the
approval in writing by the local authority, has the right to make alteration to
such open space/ construction a roof over the to diminish (reduce)the open
space

If found building in contravention of this Part, the local authority has the power
to require the person to remove such alteration & to restore

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation

Clause 32 - Open space requirement


-

The open space for building next to a street and backlane shall be

Type of building

Open space

Residential building

Not less than one third of the built on area of


the building lot

Non residential
building

Not less than one-tenth of the built on area


of the building lot

Special notes regarding calculation of open space


-

Balconies, passage ways and sun shades may project over any open space
maximum 1m & counted as open space
Half the width of backlane next to a building shall be counted as open space
Open space not abutting a backlane shall have a minimum clear dimension
of 2.5m

Clause 34 open space for detached building


minimum 2m clear space measured between extreme projection
of the building and boundaries of its lot
Minimum 4m clear space between other building
BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 35 Access from a Street
-

Every building shall have access


from a street

Clause 37 Projections over the street and over building line


-

For a building abutting on a street, projection over the street for open,
verandahs, balconies, sun-shades etc may be permitted based on:-

Projection = [width of street (m) 10m]/2

Condition
Maximum projection is 1.25m clear of the approved line of street

Projection shall be at least 5m above road level (generally)

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 38 Width of footway
-

Width of verandah-way or uncovered footway shall be minimum 2.25m

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 39
Requirement for natural lighting/ ventilation
Residential building, Business (except school & Hospital)

Every room designed, adapted or used for


residential, business or other purposed
except hospitals and school shall be
provided with natural lighting and natural
ventilation by means of one or more
windows having a total area of not less
than 10% of the clear floor area of such
room and shall have openings capable of
allowing a free uninterrupted passage of air
of not less than 5% of such floor area.
BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Requirement for natural lighting/ ventilation

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Requirement for natural lighting/ ventilation
Natural ligting not
less than 10% of
the clear floor area

a free uninterrupted
passage of air of not
less than 5%

BTBE 2033 Building by-Laws, Acts and Contracts

Examples Clause 39

Floor Master Bedroom area 20m2

Window size = 2100mm (Width) 1200mm (Length)

Window area = 2.1m x 1.2m = 2.52m2

(2.52m2/20m2) x 100% = 12.6%

Since 12.6% > 10% of the minimum requirement (rule


comply)

Part III: Space, Light and Ventilation


Clause 39
Requirement for natural lighting/ ventilation
Hospital
- shall be provided with natural lighting and natural ventilation by means of
one or more windows having a total area of minimum 15% of the clear floor
area of such room and shall have openings capable of allowing a free
uninterrupted passage of air of minimum 10% of such floor area.

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 39
Requirement for natural lighting/ ventilation
School
- shall be provided with natural lighting and natural ventilation by means of
one or more windows having a total area of minimum 20% of the clear floor
area of such room and shall have openings capable of allowing a free
uninterrupted passage of air of minimum 10% of such floor area.

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 39 (3)

Natural Light = minimum 20% of clear floor area


Ventilation= minimum 10%

Part III: Space, Light and Ventilation


Clause 40
Requirement for natural lighting/ ventilation
Bathroom
- shall be provided with natural
lighting and natural ventilation by
means of one or more windows
having a total area of minimum
0.2m2 per water-closet, urinal
latrine or bathroom + allow free
uninterrupted passage of air

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 39 (4)

Natural Light and Ventilation = not less than 0.2m2


per unit of w.c, urinal and etc

Part III: Space, Light and Ventilation

Clause 41
Mechanical Ventilation
If permanent mechanical ventilation or air conditioning is
intended for a building, relevant building by-laws relating
to natural ventilation, natural lighting and height of room
may be waived at the discretion of local authority.

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 42
Minimum area of room in residential buildings
Residential building
- 1st habitable room minimum 11m2
- 2nd habitable room minimum 9.3m2
- Other rooms minimum 6.5m2
- Width of every habitable room minimum 2m
- Kitchen minimum 4.5m2 and minimum 1.5m width
* Habitable room does not include bathroom, water closet,
open verandah, terrace or garage
BTBE 2033 Building by-Laws, Acts and Contracts

Clause 42 (1b)

Width (A) of room must not < 2m

Clause 42 (1c)

Area of kitchen not < 4.5m2


Width of kitchen not < 1.5m

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 43
Minimum dimension of latrines, water-closets and
bathrooms
1. Pedestal type closet fittings
minimum 1.5m x 0.75m
2. Other than Pedestal type closet fittings
minimum 1.25m x 0.75m
3. Bathrooms
minimum 1.5m x 0.75m
4. bathrooms with close fittings
minimum 2m x 0.75m

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 43 (a)

Pedestal-type closet

Length= Not < 1.5m


Width = Not < 0.75m

Clause 43 (b)

Other than Pedestal-type closet

Length= Not < 1.25m


Width = Not < 0.75m

Clause 43 (c )
Bathroom without closet fittings

Area = Not < 1.5m2


Width = Not < 0.75m

Clause 43 (d)
Bathroom with closet fittings

Area = Not < 2m2


Width = Not < 0.75m

Part III: Space, Light and Ventilation


Clause 44
The height of room
Residential building other than shophouses
- Living room and bedroom minimum 2.5m
- Kitchen minimum 2.25m
- Bathrooms, porches, balconies, verandah, garage
minimum 2m

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Clause 44
The height of room
Shophouses
- Ground floor minimum 3m
- Upper floor minimum 2.5m
- Shophouses with depth >10.5m, upper room
minimum 2.55m
School

Hospital - minimum 3m
Factory
BTBE 2033 Building by-Laws, Acts and Contracts

Other building generally


- Ground floor minimum
3m
- Upper floor minimum
2.75m

Part III: Space, Light and Ventilation


Clause 46
The height of room
Basement carpark
- Minimum 2.5m

Verandah-way
- Minimum 3.0m

BTBE 2033 Building by-Laws, Acts and Contracts

Part III: Space, Light and Ventilation


Summary:Provision

of open space

(> 1/3 of built-on area for residential building)


Access

to a building (based on approved layout plan)

Projections over street & building line (< 1.25 m)

Residential
Natural light (10%) and Natural ventilation (5%)

Mechanical ventilation and air-conditioning

Residential - Minimum floor areas & dimensions


(First room > 11 sqm; kitchen > 4.5 sqm)

Minimum heights of rooms


(Living/bedrooms > 2.5 m; bath > 2 m)

BTBE 2033 Building by-Laws, Acts and Contracts

Part IV: Temporary Works in Connection with


Building Operations

Signboard

Hoarding

Construction vehicle access

Fire fighting (high rise building > 18.3 m)

BTBE 2033 Building by-Laws, Acts and Contracts

Part V: Structural Requirements

Building materials

Structural loading
- Calculation for dead load, imposed load and wind load

Parapet & balustrade


- Intensity of horizontal load

Foundations

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 73 1 a-c
LOAD TO FOUNDATION

safety sustain and transmit to the ground the combined


dead load and imposed load and wind load, such
manner as not to cause any settlement beyond the
limits designed for or other movement.

Be taken such depth as to safeguard the building


against damage by swelling and shrinking of the subsoil.

Be capable resisting attack by sulphates or any other


deleterious matter present in the subsoil.

Clause 73 1 a-c

DEAD LOAD = Permanent loads are weights of material,


equipment, or components that are relatively constant
throughout the structure's life. Eg: Weight of tank

IMPOSED LOAD = This is the force that will be imposed


on the property in the way of people, furniture and
fittings. Eg: Dining table and snow

WIND LOAD = Wind is air in motion. Structure deflects or


stops the wind, converting the winds kinetic energy
into potential energy of pressure, thus create wind
loads. Eg: Typhoon

Part VI: Constructional Requirements

Site drainage subsoil drains

Prevention of dampness damp proof course

Thickness of party walls (> 200mm thk solid masonry)

Kitchen & flues

Staircase & handrails

Roofs

Refuse disposal

Lifts (>4 storeys)

Swimming pools

BTBE 2033 Building by-Laws, Acts and Contracts

Clause 84 (1-2)
Damp proof course

Prevent damp and moisture go into building


Comply BS 743

Clause 84 (3)

Brickwall or masonry wall founded on strip footing shall


provide damp proof course.

not < 150mm above the surface of the ground adjoining


to wall.

Clause 84 (3)

Floor require provide damp proof course.

not < 150mm above the surface of the ground level.

Defect from damp

Clause 86 (1)

All party walls shall not less than 200mm of total


thickness of solid masonary or insitu concrete. 2
separate skins could make up but not less than 100 mm
thickness.

For multi-storeyed flats and terrare houses of


reinforced concrete or steel protected steel framed
construction having floors and roofs constructed to the
requirement s of these by laws, the party wall thereof
shall not less than 100mm thickness

Party Wall

Clause 98

Maximum height of solid fence 1.8m for detached


properties.

Can construct more than 1.8m but not more than 2.75m
provided to permit the passage of light and air.

Clause 106 (1)

Riser not > 180mm


Tread not < 225mm

The dimensions of the riser and the tread of the staircase so chosen shall be
uniform and consistent throughout

Clause 107 (1-4)

Except staircase less than 4 risers, otherwise ALL must


provide at least one handrail.

Staircase more than 2225mm in width shall provide with


intermediate handrail for each 2225mm of requirement
width spaced approximately equally.

In building other than residential building, a handrail shall


be provided on each side of staircase when the width of
the staircase is 1100mm or more

All handrails shall project not more than 100mm from face
of the finished wall surface and shall be located not less
than 825mm and not more than 900mm measured from the
noising of the treads provided that handrails to landing
shall not be less than 900mm from the level of landing

Clause 108 (1-2)

Residential Building Stair Landing not < 1.80m

Horizontal intervals not > 4.25m

Not > 16 risers between each landing

Flight of staircase must more than 2 risers

Examples

Clause 113 (1-2)


Timber staircase

Timber staircase permitted if the


residential building not more than
3 storey height.

Fire rate for 2 hour is required for


timber staircase.

Clause 130 (1-3)

Swimming pool area shall provide changing room.

Changing room must be drainable, easy to clean and


non-slip impermeable material for its floor.

Height of changing room 1.8m

Part VII: Fire Requirements

Provision of compartment walls & floors

Fire appliance access (BL140) minimum proportion of perimeter of


building

Separating walls

Measurement of travel distance to exits (BL165)


(e.g. office: dead-end limit 15m)

Computing storey exit widths

Building with single staircase (BL194)


top most floor < 12m

Fire resistance for walls

BTBE 2033 Building by-Laws, Acts and Contracts

Part VIII: Fire Alarms, Fire Detection,


Fire Extinguishment and Fire Fighting Access

Detecting and extinguishing fire fire alarms and illuminated exit signs;
fire hydrant < 91.5m (300 ft)

Means of access and fire fighting in buildings over 18.3m high (BL229)
fire fighting access lobbies, fire lifts and dry/wet rising systems

Dry & wet rising systems


Dry rising: top most floor >18.3m but <30.5m
Wet rising: top most floor >30.5m

Command and control centre (bldg >30.5m)

Emergency power system storage battery / generator set

BTBE 2033 Building by-Laws, Acts and Contracts

Part IX: Miscellaneous

Malaysian Standard Specification and Code Practice

Failure to buildings:
QPs obligation to report failure, explain cause of failure and state
remedial action taken. The responsibility for the failure shall lie with the
submitting person / QP despite approved by authority.

BTBE 2033 Building by-Laws, Acts and Contracts

Part IX: Miscellaneous

First schedule: Plan processing fees

Second schedule: Form A, B, C, D and E

Third schedule: Mechanical ventilation

Fourth schedule: Weights of materials & loads

Fifth schedule: Purpose groups & compartments

Sixth schedule: Limits of unprotected areas

Seventh schedule: Maximum travel distances & capacity of exits

Eight schedule: Restriction of spread of flame over walls & ceilings

Ninth schedule: Limits of compartments & minimum periods of fire


resistance

Tenth schedule: Requirements for fire extinguishment, alarm systems and


emergency lighting

BTBE 2033 Building by-Laws, Acts and Contracts