Contributed by Chang Kim Loong

Rahim's condominium unit had numerous defects which the developer dismissed as acceptable. Despite following the Defects Liability Period (DLP) process and granting time for repairs, the developer delayed without resolving the issues.

Frustrated, Rahim hired a building inspector that he found via the Internet to assess his unit and produce a professional Building Inspection Report for his Housing Tribunal case. The inspector charged RM600 for the report, which was a hefty two-inch-thick document, seemingly a worthwhile investment. 

However, when the developer requested a joint site visit, the inspector refused to cooperate and demanded RM500 per visit. He also required additional payment to attend the Tribunal. Later, Rahim discovered that the inspector lacked proper credentials and his qualifications and credibility were questioned at the Tribunal. It may sound like a fictional scenario, but surprisingly, many similar cases have occurred.

Who are these building inspectors?

In the 1990s, the Malaysian government recognised the vital role of building surveyors (BS) in the property industry. In response, institutions of higher learning introduced professional courses in building surveying. Over the years, these courses have produced many graduates. However, the industry and government have been slow to integrate this profession, leaving many BS graduates struggling to find jobs in their field. Currently, some BS professionals are registered under the Royal Institution of Surveyors Malaysia (RISM) but efforts to establish an official professional board have so far been unsuccessful.

Industry gone haywire

The widespread use of social media and communication apps like Facebook, Instagram, WhatsApp, Telegram and TikTok has significantly increased public awareness of building inspection services. Many homebuyers share their experiences and highlight defects in their new homes on these platforms, indirectly educating others about the importance of building inspectors.

As demand for building inspection services rises, individuals from various backgrounds, including fresh graduates, retrenched workers and those seeking quick financial gain, have entered the industry. Some attend a brief two-day Qlassic Assessor Course, claim to be certified CIDB assessors and quickly establish businesses offering building inspection services. Worse still, some operate without any training or experience.

This influx of unqualified inspectors has disrupted the industry, with many falsely marketing themselves as certified professionals based on minimal or inadequate training. Consequently, unsuspecting homebuyers may end up relying on incompetent inspectors, leading to inaccurate assessments and potential disputes.

Moreover, there is a significant price war among unprofessional and unregistered building inspectors to compete for business to survive.  Many are even lowering their prices to RM200 to RM400 per unit.  However, it is important to note that these are not professional BSs as they bear no responsibility or any professional liability for the works and reports they prepare.  Should any losses incur as a result of the inaccuracy of the reports, these uncertified BSs will not be held responsible. Many a time their qualification, if any, have been challenged and questioned in the Court of Law and Housing Tribunal.

Problems encountered

This phenomenon will cause several problems for the building industry.  Some existing and potential issues that require attention are: 

1. Breach of safety and public interest: A BS bears the duty and professional liability to ensure the buildings inspected are safe and up to acceptable standards and that the interests of the public are well protected.  Building inspectors should have technical knowledge about the building structures, M&E systems and other regulatory compliances as stipulated in Act 133: Akta Jalan, Parit & Bangunan 1974 (Street, Drainage and Building Act, 1974).
2. Violation of home buyers’ rights: The BS should carry out and perform the building inspection services at their best professional expertise and knowledge, basing their inspection results on approved construction industry standards.  They not only have to ensure the building is safe to be occupied but also have the responsibility to capture and highlight defective works or substandard workmanship defects to the home buyers and developers.  Home buyers’ rights would have been violated if the unprofessional building inspectors were erroneous in their inspection. 
3. Professional integrity: When the bar for becoming a BS is lowered, it will affect the public’s perception of the professionalism of building inspectors.  The public might lose their trust towards building inspectors due to their bad experiences when previously engaging unprofessional and unregistered building inspectors.  This is detrimental to the genuine and trained professional building inspectors who have suffered a loss of reputation. Looking at the bigger picture, this phenomenon is undoubtedly unhelpful to the industry, society and the nation’s development. 
4. Property industry’s missing link: The issue of incompetent building inspectors has been a thorn in the flesh for many property developers.  Some developers have voiced their concern over this issue as these unprofessional building inspectors have failed to comply with the approved construction quality standards.  This has resulted in an inconsistency in the quality standards in the industry and created unnecessary additional costs or complaints by the home buyers. Some do not even know the building's acceptable tolerance level under the current market practices.

Moving forward

As Malaysia progresses toward becoming a developed nation, it is crucial to ensure that both new and existing buildings are properly maintained and inspected by qualified building inspectors. With the rising demand for building inspection services, particularly during the vacant possession stage, now is the right time to regulate this profession before unqualified individuals further disrupt the industry.

Building inspection has been an integral part of the property sector for decades, proving its value to national development. Therefore, the government—specifically the Ministry of Works (JKR) in collaboration with the Ministry of Housing and Local Government (KPKT)—must take decisive action to address the issue of unregulated and unprofessional building inspectors. Effective measures must be implemented to establish industry standards and uphold professionalism.

All practising and aspiring building inspectors should undergo comprehensive training and certification before being allowed to offer their services to the public. Furthermore, the establishment of a dedicated Building Surveying Act or a professional regulatory board is necessary to oversee the profession, safeguard homebuyers and ensure the quality of inspections.

Only individuals with relevant academic qualifications and industry experience, such as architects, engineers and trained surveyors, should be recognised and registered as professional building inspectors. This regulatory framework will help eliminate unqualified practitioners and restore credibility to the building inspection industry.

Home buyers need to be smart and aware of those unprofessional and unqualified building inspectors in the industry.  Getting a licensed and professional building inspector will give peace of mind and protect owners' rights as their report is recognised and accepted as the expert report in Court and Tribunal.  

Datuk Chang Kim Loong is the honorary secretary-general of the National House Buyers Association.

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