* No Works whatsoever shall commence on any Lot without:-
a) The Development Consent of the Vendor;
b) The Building Plan Approval; and
c) The Construction Consent of the Vendor first had and obtained.
* The Owner'shall submit the proposed building plans together with any other supporting documents and processing fees (if any) required by the Vendor, for purposes of obtaining the Development Consent of the Vendor.
* The Owner shall not apply for the Building Plan Approval or the Construction Consent unless the Owner has obtained the Development Consent.
* Upon receipt of the Development Consent, the Owner shall at his own costs and expense apply to the Majlis Daerah Gombak or such other relevant authorities for Building Plan Approval and will take all steps necessary and use all reasonable endeavours to comply with the conditions, if any, imposed thereby.
* Upon receipt of the Building Plan Approval, the Owner shall apply to the Vendor for its Construction Consent supported by, inter alia, the following documents and plans:-
a) Two (2) sets of Approved Building Plans;
b) A statement of the minimum floor area and the construction cost involved; and,
c) A certified true copy of the Building Plan Approval.
· The documents and plans submitted pursuant to above Paragraph shall bear the signatures of the following persons:
a) The Owner's signature on the Building Plans;
b) The Architect's seal and signature on the architectural plans;
c) The Engineer's seal and signature on structural mechanical and electrical plans.
d) The Vendor will at a subsequent date return a copy each of the aforesaid documents and plans to the Owner and the Building Contractorrespectively. A copy of the aforesaid documents and plans will be kept in the custody of the Vendor.
4. CONSTRUCTION STAGE DURING CONSTRUCTION
Access and Inspection
The Developer and their duly authorised representatives shall have the right at all reasonable
times to have access to the Lot and to inspect any building constructed or under construction
on the Lot.
Usage and Preservation Of Infrastructure And Community Area
§ Upon delivery of vacant possession of the Lot, the Owner of the Lot shall be given a copy of the "Infrastructure and Services Drawing". The Owner shall observe the location of all Utilities serving the Lot as shown on the "Infrastructure and Services Drawing" and be responsible for the preservation of all underground cabling, the sewerage system, and the drainage system and so on.
· The Owner of the Lot shall ensure that:
i) The sewerage installations within die Building is properly connected to the seweragemain serving the Lot;
ii) All drainage pipes are connected to the drainage main system and that no additional drainage outside the Property Line of the Lot is installed without the prior written approval of the Vendor;
§ The Owner of the Lot is responsible in ensuring that the Utilities and other infrastructure of Sierramas are being preserved and protected from any damage whether directly or indirectly caused by the carrying on the construction work on the Lot. Without limiting the generality of the foregoing, the Owner must ensure that:
i) the drains anchor sewers are not clogged, by providing silt traps and temporary
drainage within the Lot to minimise silting to the underground drain pipes;
ii) The Utilities connecting points, fire hydrant and street lighting are free from
damage and not obstructed in any manner whatsoever;
iii) The kerbs and/or footpath pavers are not removed, altered or damaged in any
iv) The lot monuments marking the Property Line of the Lot are not being removed;
v) Noise pollution as a result of piling work is minimised, by using drop or hydraulic
· Preservation of Landscape
i. The Owner of die Lot shall ensure that die landscape including any trees scrubs, plants and other landscape materials are preserved and protected from damage at ail times.
ii. Without limiting the generality of Paragraph 4.4.1, the Owner of the Lot shall ensure that no construction material of any kind escape into the Road Reserve Set-back Zone, especially fuels, chemicals or liquid compounds such as diesel, petroleum and mortar slurry which may penetrate the ground causing detrimental effect to plants.
Storage of Construction Materials
· The storage of all construction material during the Construction Period is
only allowed. Within the Property Line of the Lot.
· The Owner of the Lot shall not store any construction materials on die
roads or Community Area whether on a permanent or temporary basis.
Maintenance of Construction Site and its Vicinity
Owner of the Lot shall and shall cause die Building Contractor to maintain at all times the construction site and its vicinity in a sanitary condition and free from rubbish and debris arising from the execution of the Works. Upon completion of the Works, the Owner shall and shall cause the Building Contractor to clear away from the Site all surplus materials plant temporary building and other equipment and shall remove all rubbish and construction debris and leave the Site in good order. Dumping of rubbish and construction debris within Sierramas is strictly prohibited. Upon failure of the Owner of the Lot to comply with this condition, the Vendor shall be entitled to clean the premises and ail costs arising therefrom shall be deducted from the Guarantee Deposit.
5 AFTER CONSTRUCTION
· Construction Debris and Materials
There' should be no construction debris: and/or excess materials left anywhere in (he vicinity of the construction site upon completion of all construction works. Upon failure by the Owner of the Lot to clean up. the Vendor shall be entitled to do same and deduct all costs arising from the Guarantee Deposit.
· Damage to Common Areas and Utilities
Any damage to common areas and Utilities within Sierramas including but not limited to the footpath pavers, kerbs, street, plants and landscape, as a result of the act or default or negligence of the Building Contractor or the Owner of the Lot shall be restored by the Owner at his own costs failing which the Vendor is entitled to do the same and deduct all costs arising therefrom from the Guarantee Deposit.
4.10 Removal of Construction Equipment and Vehides
There should be no construction equipments and vehicles left anywhere in the vicinity of the construction site upon completion of the construction works.
4.11 Retrieval of Workers' IDs
4.11.1 IDs issued by the Vendor to construction workers are valid for a limited period only and relevant for use for the particular construction site applied for. It is not valid for use at another construction site within Sierramas and must be surrendered to the Vendor upon completion of the applicable for the construction project.
4.11.2 Any worker failing to surrender his ID following the completion of the construction works will be prohibited from working in any other construction site within Sierramas.
4.12 Aborted Construction Project
In case of construction being aborted or abandoned by the Owner of the Lot, the Vendor reserves the right to suspend and/or revoke the Construction Consent until further notice.
4.13 Refund of Guarantee Deposit
· .13.1 The Owner of the Lot shall notify the Vendor upon the Practical Completion of the Works on the Lot.
4.13.2 Upon die Practical Completion of the Works and after due inspection by the Vendor, the Vendor shall refund the Guarantee Deposit less such penalties to fines or other lawful deductions pursuant to the' Guidelines.
4.13.3 In die event the Guarantee Deposit shall be insufficient; any monies due from the Owner shall be recoverable by the Developer as a debt due from the 'Owner.
The Vendor reserves the right from time to time to amend or supplement the foregoing rules and regulations and to make such additional rules, regulations, additional restrictive, covenants and modifications applicable to any Lots as may be necessary for the protection and benefits of Sierramas Provided That notice of such rules and regulations and amendments" and supplements thereto (if any) shall be given to all owners.
Further, the Vendor hereby reserves the right to enter into agreements with the Owner of any Lot (without the consent of the owners of the other Lots) to deviate from these restrictions herein set forth and any such deviation which shall be made by agreement in writing shall not constitute a waiver of any such restrictions as to the remaining Lots in Sierramas and the same shall remain fully enforceable by the Vendor as to all other Lots located therein.
6. REMEDIES FOR BREACH
A breach of any of the provisions and/or restrictions herein shall entitle the Vendor the right to impose a penalty or claim damages from the Owner and to prohibit the contractors of the Owner and/or their workers from entering the Land and/or Sierramas or to proceed in law or in equity to compel compliance with the terms or these Guidelines and restrictions and/or to prevent a violation or a breach of any of them. Invalidation of any of these Guidelines and/or restrictions by a judgement of a court shall in no way affect any of the other provisions herein which shall remain in full force and effect.