Luqman's musings

  Clause P of the Sale and Purchase Agreement (S&P) for Vistana Heights states: ‘The developer shall use its best endeavours and take all necessary steps to obtain separate issue of the document of title for the property….’ Convincing homeowners at Vistana Heights of the critical issues I’ve uncovered has been incredibly challenging. There seems to be little interest in the potential consequences of these findings.

  The Lembaga Juruukur Sabah (Sabah Surveyors Board) LJS is a non-profit statutory body established under the Surveyors Ordinance 1960 in Sabah, Malaysia. Its primary role is to regulate and oversee the land surveying profession in the state, ensuring professionalism, ethical standards, and proper execution of survey-related activities.

  Licensed Surveyors and the Vistana Heights As-Built Survey Following my previous discussion on certain lawyers in Sabah engaging in unique practices, today I focus on a licensed surveyor responsible for the as-built survey for Vistana Heights. An as-built survey is a critical requirement in Sabah for obtaining an Occupancy Certificate (OC), especially for new construction projects. It verifies that the built structure complies with the approved building plans and is submitted by the Principal Submitting Person (PSP), typically an architect, to the local authority, Dewan Bandaraya Kota Kinabalu (DBKK), for OC issuance. Governed by the Uniform Building By-Laws (UBBL) and local guidelines, the as-built survey ensures alignment with approved plans, fire safety, structural stability, and environmental regulations. Without it, the PSP cannot certify compliance, potentially delaying or preventing legal occupancy. In 2022, I reviewed the as-built survey obtained from DBKK for V...

Subject: Concerns Regarding Professional Accountability and Vistana Heights Issues Open letter: Dear Datuk Roger Chin and Datuk John Lo, I refer to your recent discussion in the YouTube video available at  https://www.youtube.com/watch?v=qs2LTSK5Kiw In the video, Datuk John Lo highlighted a critical issue, stating, “Roger has said something that is very critical because I always feel that we Sabahans are our biggest enemy because people who have been put in trust are not doing their job, yeah they are not doing the proper job.” I agree with this sentiment, but I respectfully ask: what concrete actions are you both taking to address these concerns beyond raising them in discussions?

Developers typically engage Licensed Surveyors (LS) for three distinct phases of a construction project: pre-construction (e.g., boundary and topographic surveys), construction phase (e.g., setting out and progress surveys), and post-construction “as-built” surveys (to verify that the constructed project aligns with approved plans). While it’s not mandatory to use the same surveyor for all phases, developers often prefer a single LS for continuity, efficiency, and cost-effectiveness. My thoughts: Why was Jurukur Terra Firma engaged to do the as-built survey when the sales and purchase agreement had the name of Jurukur Bakat? Would this not be considered a breach of contract?

  The following is my email to the AG's office seeking clarification. luqman michel   From: luqmanm2002@yahoo.co.uk To: sagchambers@sabah.gov.my Mon 28 Apr at 08:43 Dear Sir,   In November 2022, I received correspondence from Messrs. Ronny Cham and Co., claiming to represent Topwira Corporation Sdn Bhd, as well as Puan Rosemary Ahping, General Manager of LPPB, and Puan Della E. Sinidol of LPPB. I sought confirmation from Puan Rosemary and Puan Della regarding whether they authorized Mr. Ronny Cham to act on their behalf, but received no response. LPPB has not clarified whether Mr. Ronny Cham represents the individuals or the organization, leaving his role unclear.