Developers told to stick to plans

The Star 16/10/2001 By Choong Kwee Kim

DEVELOPERS are supposed to build housing units according to building plans submitted to the local authorities, Real Estate and Housing Developers Association (Rehda) Penang chairman Datuk Ong Gim Huat said.

He said most developers were normally ‘gentlemen’ enough not to claim for excess areas built due to the contractor’s mistake.

Ong said there was a clause in the sale and purchase agreement (S&P) that allowed buyers or developers to claim for shortage or excess of floor area as a safeguard against construction mistakes.

''There is an agreement for the right to claim but most developers normally do not claim if there is an excess in floor area built due to construction shortfall,'' he said, adding there were some exceptions.

On Sunday, State Trade, Commerce and Consumer Affairs committee chairman Dr Loh Hock Hun advised house buyers to check the floor space in the building plan before signing the S&P to prevent any payment demands by developers for excess space in the future.

Dr Loh highlighted incidents where the S&P indicated a smaller floor size than what was submitted by the developer in the building plans and approved by the authorities.

When the strata title was released and it was found out that the built-up area was larger than what was in the S&P, Dr Loh said some developers might demand payment for the extra space, adding it would be unfair to buyers.

Ong said developers were supposed to build according to the plan they submitted to the authorities.

He added that buyers could view the plan available at the developer’s office.

He said most planter boxes were normally not included in the total floor area and understood to be ''given free'' to buyers as part of the package.

But when the strata title comes out, the land office will include the planter boxes in the total floor area and that will exceed what is indicated in the S&P, in some cases by two or three square metres.

''The association feels that since the area (planter boxes) is given to the buyers and included in the plan, developers should not to claim for the additional space. issued,'' he added.