AskCA
On 28 November 2013, we received a question from Mr Raymond Chong:-
I refer to Chris radio talk on Vacant Possession.

When I collected the keys to my condo, the developer had installed the TNB electric meter for my unit. But there was no TNB meter for the common property like lift lobby air-corns, stairwell lightning. The developer charged RM20k per month for the supply of electricity for my condo of 66 units- ie about RM3oo pm per owner!

If electricity connection is a pre-requisite of of VP, does it mean because of the developer’s failure to supply a TNB meter for the condo common property 13 years ago, there is no VP for the condo?
Keeping fingers crossed for a big present from Santa!

Dear Raymond,

Assuming that the sale and purchase agreement you’ve signed for purchasing the condominium was governed under schedule H of Housing Development (Control and Licensing) Act 1966.

Yes, one of the requirements for delivery of vacant possession by the Developer is that electricity must be “ready for connection” to your unit of which the law had defined “ready for connection” as “electrical points have been installed by the Developer and tested and commissioned by the Appropriate Authority or its authorised agent and supply is available for tapping into individual units”.

However, the above does not apply to common facilities.

So, as long as the Developer able to complete the common facilities serving the housing development, supported by the certificate issued by the Developer’s Architect, the common property shall be deemed delivered, even if there is no separate TNB meter for common facilities being provided. We also wish to highlight that the electricity meter is only a device used to ascertain the quantity of electricity supplied by the authority and the Developer does not empowered to supply or installs the meter under the law. Only the utilities offices are authorised to do that.

Notwithstanding that should you view that the electricity charges are not reasonable, you are entitled to request for the relevant bill from the developer to verify the charges. Meanwhile, the management could also work out with the utilities office to install separate meters for common property.