Licenced Surveyor, Sabah Surveyor Board and Kota Kinabalu City Hall (DBKK).

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 LJS is the regulatory body responsible for licensing, overseeing, and disciplining Licensed Surveyors in Sabah. It ensures that surveyors adhere to professional standards and the provisions of the Licensed Land Surveyors Ordinance.

When a complaint is lodged against a Licenced Surveyor the LJS is empowered to investigate. My complaint was made on 15.12.2022. I specifically alleged in my complaint that the as-built survey is fabricated.

Here is a reply from LJS

This is to inform that a meeting was held on 21/2/2023 to look into your complaint.

Please be informed that we have written to the surveyor concerned requesting him to provide explanations and to submit all the details of the as-built survey carried out including documents and survey plans for the Board's further action.   

Subsequent to several emails to LJS I wrote the following email:

Dear Ms. Fung Yun Ling,

Your Board members made a site visit on 28.6.23.

I would be grateful if you could please forward me the survey drawing based on the survey points taken.

I would like to compare them with the survey points taken by a survey technician.

 

I was promised to be extended the survey points taken by LJS but have yet to receive it.

Here is the last email from LJS:

On Wednesday, 15 January 2025 at 16:16:46 GMT+8, Lembaga Juruukur Sabah

Dear Sir,

'Please be informed that the Board is still looking into your complaint about the As-built survey plans for Taman Puncak Vistana, Iramanis due to further verification from the authority.' 

If the LJS claims it is “awaiting authority” during an investigation, this raises questions about which authority is involved and why. Keep in mind that I complained on 15.12.2022.

My question to LJS on which authority they are talking about has been left unanswered.

LJS’s mandate is to evaluate the surveyor’s professional conduct, not to rely on external bodies for technical validation.

In cases of severe misconduct, such as falsifying an as-built survey, the LJS could declare the survey “null and void,” rendering it legally invalid.

This has significant implications:

The local authority would be notified that the as-built survey is unreliable, potentially invalidating any occupancy certificates or approvals based on it.

The LJS would formally notify all relevant parties (e.g., DBKK, the developer) of the survey’s nullification.

Falsification is a severe breach of professional ethics and could lead to:

Suspension or revocation of the LS’s license.

Fines or other penalties as stipulated by the LJS.

A permanent record of misconduct, affecting the LS’s professional reputation.

Proving willful misconduct (as opposed to an inadvertent error) is critical, as insurance policies typically exclude coverage for deliberate acts.

The LJS’s investigation should explore whether the LS acted independently or under pressure from an external source.

Falsifying an as-built survey is a grave matter, as it undermines public trust in the construction industry and regulatory bodies like the LJS and DBKK.

The LJS should streamline its investigation processes, avoid unnecessary delays (e.g., awaiting unclear “authority”), and impose strict penalties for misconduct to deter future violations.

The local authority should implement robust checks to detect discrepancies in as-built surveys and ensure that approvals are based on accurate data.