Professional Engineers Malaysia: Statutory FAQ Guide

Navigating the statutory complexities of engineering consultancy, structural compliance, and building certification in Malaysia requires a comprehensive understanding of statutory liabilities, local authority submissions, and professional engineering accountability. Under the regulatory purview of the Board of Engineers Malaysia (BEM) and core legislation such as the Registration of Engineers Act 1967 (Act 138) and the Street, Drainage and Building Act 1974 (Act 133), engineering practitioners, property developers, and building owners must adhere to stringent design integrity, quality assurance, and life-safety protocols.

Published on October 5, 2026 • By Ir Vimal, Professional Engineer

1. Statutory Framework: BEM, Act 138, and Plan Submission Authority

In Malaysia, the practice of professional engineering is strictly governed by the Board of Engineers Malaysia (Lembaga Jurutera Malaysia) in accordance with the Registration of Engineers Act 1967 (Revised 2015). A pivotal area of statutory governance concerns who possesses the legal authority to sign and submit engineering drawings and calculations to Local Authorities (Pihak Berkuasa Tempatan or PBT) through the One Stop Centre (OSC) system.

Under the statutory framework, only a registered Professional Engineer possessing a valid annual practicing certificate issued by BEM is authorized under Malaysian law to act as a Submitting Person (SP) to submit structural, geotechnical, civil, mechanical, or electrical engineering plans to statutory bodies. Registered Graduate Engineers and Professional Engineers without a practicing certificate are legally barred from submitting statutory engineering plans to municipal councils, with narrow exceptions defined in Section 8A of Act 138 (such as specialized mechanical plants or proprietary equipment manufactured or sold by their employer). Crucially, even in permitted manufacturing contexts, direct statutory liability rests squarely with the endorsing professional regardless of who drafted the technical specifications.

2. Principal Submitting Person (PSP) vs. Submitting Person (SP) Roles

The distinction between the Principal Submitting Person (PSP) and the Submitting Person (SP) is fundamental under Malaysian building legislation, specifically the Uniform Building By-Laws 1984 (UBBL 1984):

• Principal Submitting Person (PSP): Represents the lead qualified professional responsible for spearheading the total building plan submission to the local council. For conventional commercial, residential, and institutional buildings, the PSP is typically a registered Professional Architect. However, for civil engineering-dominated developments (such as highways, bridges, deep drainage channels, and industrial infrastructure), a registered Professional Engineer acts as the PSP. The PSP oversees the overall process, validates statutory agency clearances, and ultimately issues Form F (Certificate of Completion and Compliance).
• Submitting Person (SP): A registered Professional Engineer with a practicing certificate who submits disciplinary engineering plans—including structural analysis, foundation piling schemes, civil earthworks, and mechanical and electrical (M&E) networks. Each SP remains legally accountable for their specific engineering calculations, detailing standards, and safety factors under national design codes such as MS EN 1992 (Eurocode 2 for concrete structures) and MS EN 1997 (Eurocode 7 for geotechnical design).

When design discrepancies, execution errors, or material non-compliances arise during the construction lifecycle, immediate technical evaluation is imperative. Engaging professional Structural Repair Consultancy ensures that structural anomalies, honeycombing, shear cracks, or deflection issues are diagnosed and remediated before mandatory stage certifications proceed.

3. The Certificate of Completion and Compliance (CCC) & Forms G1–G21

The statutory Certificate of Completion and Compliance (CCC) framework, regulated by the Ministry of Housing and Local Government (KPKT), replaced the legacy municipal Certificate of Fitness for Occupation (CFO). Under this self-certification model, the burden of verifying construction integrity shifts from local council inspectors to the appointed PSP, SPs, and licensed contractors.

Before the PSP can release Form F (CCC) to permit lawful building occupation, all twenty-one stage certification forms—Form G1 (Earthworks) through Form G21 (Landscape)—must be signed jointly by the supervising professional engineer or architect and the respective trade contractor. Key structural milestones include:

• Form G1 (Earthworks): Endorsed by the Civil Engineer and earthworks contractor upon verifying cut-and-fill stability and platform levels.
• Form G2 (Piling): Validated by the Geotechnical/Structural Engineer alongside dynamic load test and pile integrity test (PIT) reports.
• Form G3 (Foundations): Certified following footing excavations, reinforcement checks, and sub-structure concrete pours.
• Form G4 (Structural Works): Endorsed for the super-structural framework, encompassing columns, shear walls, beams, and suspended slabs.

Statutory Rule under Act 133: A Local Authority cannot withhold or prevent the issuance of Form F if all statutory prerequisites, internal utility certifications (Tenaga Nasional Berhad, Air Selangor or regional water boards, Indah Water Konsortium, and BOMBA), and Form G stage clearances are technically verified and deposited.

Prior to handover, comprehensive quality audits protect property owners and Joint Management Bodies (JMB) under the Strata Management Act 2013 (Act 757). Independent property stakeholders regularly conduct a systematic Property Defect Inspection (DLP) to systematically catalog latent construction defects, water ingress pathways, and architectural flaws during the 24-month Defect Liability Period.

4. Project Takeovers and the "Last Man Standing" Liability

One of the most legally precarious situations faced by engineering consultants in Malaysia involves taking over stalled, distressed, or previously abandoned developments. Under common law jurisprudence and BEM code of ethics, the "last man standing" principle applies: once an incoming Professional Engineer formally steps in as the Submitting Person, they assume full statutory and civil liability for the entirety of the works—including structural foundations, columns, and slabs cast by preceding consultants.

Before signing any statutory assumption documents or local council resubmissions, the incoming engineer must obtain a formal Letter of Release (LOR) from the original consultant or petition the BEM for intervention. Crucially, establishing an irrefutable structural baseline through a certified Dilapidation Survey, coupled with core extraction, carbonation testing, and rebound hammer testing, is mandatory to protect the incoming engineering team against pre-existing structural distress.

5. Supervision of Temporary Works, CIDB Act 520, and Building Audits

Under the Construction Industry Development Board (CIDB) Act 520 and Department of Occupational Safety and Health (DOSH) guidelines, construction safety mandates strict professional engineering control over temporary structures. Temporary works—such as multi-tier falsework, heavy steel shoring, deep basement contiguous bored pile (CBP) retaining walls, tower crane foundation ties, and bridge launching gantries—must be designed and formally certified by a registered Professional Engineer.

Engineers are legally prohibited from endorsing works without documented, continuous, and competent site supervision. In modern asset management and recurrent structural safety audits, engineering teams deploy advanced non-destructive inspection technologies, including aerial Façade & Roof Inspection (Drone) methodologies. This enables high-resolution thermal imaging and photogrammetry across complex building envelopes, spandrel panels, and high-altitude roof trusses without subjecting personnel to hazardous rope-access or extensive scaffolding configurations.

Frequently Asked Questions (FAQ)

Can a Professional Engineer without a practicing certificate submit building plans to Malaysian local councils?

No. Under the Registration of Engineers Act 1967 (Act 138), only a registered Professional Engineer who holds a valid annual Practicing Certificate is legally entitled to act as a Submitting Person (SP) for engineering plans lodged with local authorities (PBT). Engineers lacking a practicing certificate are legally restricted from submitting municipal plans, though they may design and endorse specific in-house proprietary plant components under Section 8A.

Who bears statutory liability when latent defects emerge post-CCC issuance?

The Principal Submitting Person (PSP) and the respective Submitting Persons (SPs) who endorsed the Form G certificates and Form F carry statutory and civil liability for ensuring that structural and architectural components conformed strictly to approved engineering calculations and UBBL 1984 standards. If defects result from structural design errors or negligent site supervision, liability extends to the endorsing professional engineers under Malaysian law.

What steps are required when replacing an engineering consultant midway through a project?

The incoming engineer must formally request a Letter of Release (LOR) from the former engineer or obtain an official waiver from the Board of Engineers Malaysia (BEM). Because the incoming engineer inherits cumulative liability under the "last man standing" doctrine, an independent structural condition assessment, structural audit, and comprehensive dilapidation survey must be executed before endorsing municipal takeover submissions.

What is the legal standing of Forms G1 through G21?

Forms G1 through G21 represent mandatory statutory stage certifications established under the Uniform Building By-Laws 1984. Each form validates a discrete trade package (such as G1 Earthworks, G2 Piling, G3 Foundations, and G4 Structural Works) and requires concurrent endorsement from both the supervising qualified professional and the licensed trade contractor before the final Form F (CCC) can be executed.