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 Buying an extended house without planning permit

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TSEmily Elizabeth
post Feb 14 2012, 04:00 PM, updated 14y ago

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Hi. I am in the process of buying a house in KL. but before signing the S&P, I found out the house's back was extended(ground floor and 1st floor) without approval from DBKL.
I want to know:
1-If the local authority found out after I buy the house, do I have to knock down the extended part and rebuild the house back to the original layout?
2- can I just pay the penalty rather than knocking down the house? If so, roughly how much?
3- can I negotiate with the seller about the price again?
4- can I apply for the permit after I buy the house? What is the chance of getting the approval? Will DBKL reject my application and then I have to knock down?
5- how to apply for the permit after the extension was made more about 10 years ago?

tehtmc
post Feb 14 2012, 05:41 PM

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QUOTE(Emily Elizabeth @ Feb 14 2012, 04:00 PM)
Hi. I am in the process of buying a house in KL. but before signing the S&P, I found out the house's back was extended(ground floor and 1st floor) without approval from DBKL.
I want to know:
1-If the local authority found out after I buy the house, do I have to knock down the extended part and rebuild the house back to the original layout?
2- can I just pay the penalty rather than knocking down the house? If so, roughly how much?
3- can I negotiate with the seller about the price again?
4- can I apply for the permit after I buy the house? What is the chance of getting the approval? Will DBKL reject my application and then I have to knock down?
5- how to apply for the permit after the extension was made more about 10 years ago?
*
Go to DBKL and tell them about your situation and your intention to have the extension legalized.
I'm sure they won't penalize you for that. It is a matter of submitting as-built plans for approval.

This post has been edited by tehtmc: Feb 14 2012, 05:59 PM
adrianjc
post Feb 14 2012, 06:18 PM

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QUOTE(Emily Elizabeth @ Feb 14 2012, 04:00 PM)
Hi. I am in the process of buying a house in KL. but before signing the S&P, I found out the house's back was extended(ground floor and 1st floor) without approval from DBKL.
I want to know:
1-If the local authority found out after I buy the house, do I have to knock down the extended part and rebuild the house back to the original layout?
2- can I just pay the penalty rather than knocking down the house? If so, roughly how much?
3- can I negotiate with the seller about the price again?
4- can I apply for the permit after I buy the house? What is the chance of getting the approval? Will DBKL reject my application and then I have to knock down?
5- how to apply for the permit after the extension was made more about 10 years ago?
*
DBKL will not penalize the purchaser for unapproved extension work. Just get an architect to draw up the extension and submit it to the council for you. With regards to knocking down the purchase price, don't think you can knock down the price much but you could probably negotiate with the seller and get it worked into your S&P that the seller pays for getting the extension approved or the both of you share the cost.

Try calling this guy Benson at 016-395 7083, he should be able to advice you on what the process would be like and the costs involved.

Hope that helps.
pancelee
post Feb 15 2012, 02:13 PM

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QUOTE(tehtmc @ Feb 14 2012, 05:41 PM)
Go to DBKL and tell them  about your situation and your intention to have the extension legalized.
I'm sure they won't penalize you for that.  It is a matter of submitting as-built plans for approval.
*
My case is also similar. Bought an extended house without approval from MPSJ.
My questions are
1. Will they have penalty on the seller since he is the one who extended the house?
2. Roughly how much for this kind of post-extended application? Is it the same as pre-extended application (about RM3k)
Thanks smile.gif
WaCKy-Angel
post Feb 15 2012, 02:14 PM

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I wonder how one could purchase the modified house when bank would have sent evaluator to check the premise ?
tehtmc
post Feb 15 2012, 02:17 PM

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QUOTE(pancelee @ Feb 15 2012, 02:13 PM)
My case is also similar. Bought an extended house without approval from MPSJ.
My questions are
1. Will they have penalty on the seller since he is the one who extended the house?
2. Roughly how much for this kind of post-extended application? Is it the same as pre-extended application (about RM3k)
Thanks  smile.gif
*
It should be much cheaper. Just preparing as-built plans.
Actually, I wouldn't bother about it unless the council come to kacau. It's not a big crime.
Remember - they'll increase your assessment rate with the increased built-up area


Added on February 15, 2012, 2:19 pm
QUOTE(WaCKy-Angel @ Feb 15 2012, 02:14 PM)
I wonder how one could purchase the modified house when bank would have sent evaluator to check the premise ?
*
The bank would not go into the details. All they want to make sure is that the property value is >> loan amount.
You have the original CFO of the house.

This post has been edited by tehtmc: Feb 15 2012, 02:19 PM
pancelee
post Feb 15 2012, 02:23 PM

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QUOTE(tehtmc @ Feb 15 2012, 02:17 PM)
It should be much cheaper. Just preparing as-built plans.
Actually, I wouldn't bother about it unless the council come to kacau. It's not a big crime.
Remember - they'll increase your assessment rate with the increased built-up area


Added on February 15, 2012, 2:19 pm

The bank would not go into the details.  All they want to make sure is that the property value is >> loan amount.
You have the original CFO of the house.
*
haha...i also have the same thought here. Somemore the house is 10 years old dy. Action only when they come and kacau.
Thanks for your info coz i really dun know it will increase assessment rate.
enriquelee
post Feb 15 2012, 02:26 PM

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As i know, local authority will summon you if they find out the extension is without permit.
TS, you can always go to DBKL to check.
pancelee
post Feb 15 2012, 02:33 PM

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QUOTE(enriquelee @ Feb 15 2012, 02:26 PM)
As i know, local authority will summon you if they find out the extension is without permit.
TS, you can always go to DBKL to check.
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If we surrender ourself and goto apply, will get summon too?
enriquelee
post Feb 15 2012, 02:38 PM

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My last check with Kota Kemuning authority is 'yes'.
Try to snap a few photo and bring to the authority, they will let you know whether will or will not be summon. Cause some kind of so call 'extension' no need permit.
pancelee
post Feb 15 2012, 02:48 PM

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QUOTE(enriquelee @ Feb 15 2012, 02:38 PM)
My last check with Kota Kemuning authority is 'yes'.
Try to snap a few photo and bring to the authority, they will let you know whether will or will not be summon. Cause some kind of so call 'extension' no need permit.
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You have bought extended house without approval too? How much they summon u?
enriquelee
post Feb 15 2012, 03:17 PM

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We not manage to buy the house due to other reason.
But we did the check.
tehtmc
post Feb 15 2012, 04:04 PM

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QUOTE(enriquelee @ Feb 15 2012, 02:38 PM)
My last check with Kota Kemuning authority is 'yes'.
Try to snap a few photo and bring to the authority, they will let you know whether will or will not be summon. Cause some kind of so call 'extension' no need permit.
*
Extension without permit? How can something illegal be accepted as legal.
I know you can get on-the-spot approval for certain standard renovations, but extension w/o permit?

If you bought over a house with illegal extensions, I don't think the same summon applies.
The new owner cannot be faulted surely. Anyway, council summon's can be 'runding' and you have a good reason.

This post has been edited by tehtmc: Feb 15 2012, 04:13 PM
weikee
post Feb 15 2012, 04:37 PM

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I think many here have approval for renovating, but after reno not many people will bother to get it closed.
enriquelee
post Feb 15 2012, 04:38 PM

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QUOTE(tehtmc @ Feb 15 2012, 04:04 PM)
Extension without permit? How can something illegal be accepted as legal.
I know you can get on-the-spot approval for certain standard renovations, but extension w/o permit?

If you bought over a house with illegal extensions, I don't think the same summon applies.
The new owner cannot be faulted surely. Anyway, council summon's can be 'runding' and you have a good reason.
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That is why i put 'so call extension'
The unit that i check, they have built a roof with 2 column at the back yard without any wall. They also built a concrete counter top underneath the roof.
According to the council, this shall not need extension permit. The column is reinforced concrete, the roof is monier roof tile with timber trusses.

This post has been edited by enriquelee: Feb 15 2012, 04:43 PM
tehtmc
post Feb 15 2012, 04:44 PM

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QUOTE(enriquelee @ Feb 15 2012, 04:38 PM)
That is why i put 'so call extension'
The unit that i check, they have built a roof with 2 column at the back yard without any wall. They also built a concrete counter top underneath the roof.
According to the council, this shall no need extension. The column is reinforced concrete, the roof is monier roof tile with timber trusses.
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Any roof with or without wall is an extension. I know it's for a wet kitchen.
The next thing the owner will do is the wall up the whole area.

I am curious, what area and which council.
enriquelee
post Feb 15 2012, 04:51 PM

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The area is at Kota Kemuning, council i need to double check again. Can't remember the name.
USM
post Feb 19 2012, 01:36 PM

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I've been looking for answers similar to this. Difference being, property I want to buy falls under MPKj jurisdiction. I heard cases are handled differently for different local authorities. Anybody experienced this issue with MPKj? I only have just over a week until the SNP needs to be signed but I want to clear this matter up first.
tehtmc
post Feb 19 2012, 01:42 PM

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QUOTE(USM @ Feb 19 2012, 01:36 PM)
I've been looking for answers similar to this. Difference being, property I want to buy falls under MPKj jurisdiction. I heard cases are handled differently for different local authorities. Anybody experienced this issue with MPKj? I only have just over a week until the SNP needs to be signed but I want to clear this matter up first.
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No one can anwer your question except MPKj. You said it, every authority is different.
But I believe the same principle applies. You shouldn't be penalised as the new owner.
USM
post Feb 19 2012, 02:41 PM

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I'm already on it with MPKj. Just haven't managed to talk to the right person yet.

I noticed a term in my booking form which stated

Encumbrances and Liens
Ther Property is sold free from encumbrances and liens.

Does this include the unapproved renovations or only regarding to tax, bills etc? My laywer did mention that the booking form isn't a legal document and can't be used in court. So just weighing up the facts.

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