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 Neighbour renovation asked to sign consent letter, Any particular I need to pay attention?

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TSPowerGadget
post Mar 29 2022, 11:57 PM, updated 4y ago

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My neighbour had engaged with architect and engineer to rebuild their corner house which is directly next to my intermediate double storey terrace house.

They told me that in order to get approval from local council, I would need to sign a letter of consent to them.

Wondering anybody had go through this kind of process and any particular thing I need to take care of or paying more attention in order to protect myself in the future?


LiQuID2
post Mar 30 2022, 12:57 AM

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you can see what design they building...does it affect you?
mini orchard
post Mar 30 2022, 06:12 AM

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QUOTE(PowerGadget @ Mar 29 2022, 11:57 PM)
My neighbour had engaged with architect and engineer to rebuild their corner house which is directly next to my intermediate double storey terrace house.

They told me that in order to get approval from local council, I would need to sign a letter of consent to them.

Wondering anybody had go through this kind of process and any particular thing I need to take care of or paying more attention in order to protect myself in the future?
*
Is a standard requirement by local authorities to avoid any disputes in the future.

If the approved plan doesnt affect his property, normally the neighbour shouldnt have any objections.

However if there are any areas that he think that need amendments then he can discuss with the neighbour b4 signing the letter.

Request for a copy of the final approved plan for reference in case of any deviations. If have to pay for plan, is only a small sum.

This post has been edited by mini orchard: Mar 30 2022, 07:58 AM
TSPowerGadget
post Mar 31 2022, 10:52 AM

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QUOTE(LiQuID2 @ Mar 30 2022, 12:57 AM)
you can see what design they building...does it affect you?
*
It's a major renovation which include a lot of piling works.

They verbally promised that will cover the structural damage if any but would not entertain minor cracks or settlement as those are unavoidable.

Is it reasonable?
TSPowerGadget
post Mar 31 2022, 10:55 AM

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QUOTE(mini orchard @ Mar 30 2022, 06:12 AM)
Is a standard requirement by local authorities to avoid any disputes in the future.

If the approved plan doesnt affect his property, normally the neighbour shouldnt have any objections.

However if there are any areas that he think that need amendments  then he can discuss with the neighbour b4 signing the letter.

Request for a copy of the final approved plan for reference in case of any deviations. If have to pay for plan, is only a small sum.
*
Thanks for the insight.

They did informed me that they will send me a draft plan to see through but I myself is not familiar with those drawing and specifications.

So most probably unsure whether any damage will incur to my house.

They just told me it would be a major renovation that involve a lot of piling works. The renovation period is somewhere around 1.5 years to 2 years.

By the way, consent letter is not asking approval from me right?


mini orchard
post Mar 31 2022, 11:29 AM

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QUOTE(PowerGadget @ Mar 31 2022, 10:55 AM)
Thanks for the insight.

They did informed me that they will send me a draft plan to see through but I myself is not familiar with those drawing and specifications.

So most probably unsure whether any damage will incur to my house.

They just told me it would be a major renovation that involve a lot of piling works. The renovation period is somewhere around 1.5 years to 2 years.

By the way, consent letter is not asking approval from me right?
*
The important part is to take as many photos of your current house condition before the reno start that there are no defects like cracks or leaking.

You can then discuss with the neighbours whether he wants a copy for his reference.

This is to avoid disagreement on the defects, if any, during and after the reno.

As for the plan, just keep it for reference.

Your 'job' is to monitor their progress so that it does not affect your property. Any issues, bring it up to the owner. Dont wait until completion to sort it out which by then is may too late to do rectification.

The consent letter is merely to let neighbours aware that there will be construction and noise going on. No one can stop another owner from renovation his property if approved by the authority.

When neighbours are affected during the reno, they can lodge a complaint with the authority and they will investigate.

This post has been edited by mini orchard: Mar 31 2022, 11:35 AM
Phyarc
post Mar 31 2022, 02:24 PM

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QUOTE(PowerGadget @ Mar 31 2022, 10:52 AM)
It's a major renovation which include a lot of piling works.

They verbally promised that will cover the structural damage if any but would not entertain minor cracks or settlement as those are unavoidable.

Is it reasonable?
*
1. Get pre-construction survey report done by building surveyor or architect. Normally done by renovating party (some due to authority requirement) but you can do your own or share the cost, as long both parties agree on to it being the existing condition. This can avoid dispute later, whether the defects are existing or due to the neighbour's construction.
2. Renovating neighbour shall be responsible to repair your property any damage, major or minor, unavoidable or not, as long as resulting from their works. Normally house built more than 6 months or 1 year should not have anymore settlement, unless neighbour do digging or majlis do excavation of infra upgrading works outside your house. Also could be soil settlement due to new load from extension part.
3. Piling is not the advisable solution for extension work to an existing terrace house due to risk of cracking adjoining neighbour's house (your house). You may like to get other's opinion on this.
Minolta
post Apr 4 2022, 08:51 PM

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QUOTE(PowerGadget @ Mar 31 2022, 10:52 AM)
It's a major renovation which include a lot of piling works.

They verbally promised that will cover the structural damage if any but would not entertain minor cracks or settlement as those are unavoidable.

Is it reasonable?
*
Sounds reasonable. I think for piling, hammer/driven piles are usually not allowed in residential areas. Jack-in piling should be safer and cause less vibration.
ongss
post Apr 5 2022, 09:32 PM

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I have different opinion, the letter of consent is to prevent any future dispute and not part of submission procedure.

I knocked down and rebuild my house. After I obtained the DBKL approval, I got my neighbours to sign the letter of consents. I also get my contractor to review and noted down the current defects as well as purchase the Contractor All Risks insurance. In the event there is any damage, I will get the insurance company to compensate my neighbours.
maxsteel
post Apr 7 2022, 09:39 AM

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Ask your neighbors to conduct dilapidation survey on your property to record existing conditions of your property.

This will be the record if any disputes are raise during construction.
R231_SL65_AMG
post Apr 7 2022, 08:53 PM

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I once had a similar property, the corner house was undergoing extensive renovation that needed such a consent as it involved pilling and also from a single storey to a double storey.

The things to consider :-

1) How close to your property would the pilling and footing be done. I would request for what type of pilling would be utilised, how close to your property especially in regard to the firewall.

2) Direction of the sunlight and whether the structure would cast a shadow on your property.

3) Roof design, guttering and air conditioner water discharge plan especially if there is a shared gutter. Would the roof design cause water to flow onto your side thus creating noises and or leakages.

4) Are there any windows that later could be used as a platform to view into your house.

5) Access to your side of property for maintenance issues such as painting the walls etc.

Finally last but not least verbal agreements are worth less than toilet paper. Anything with regard to damage no matter major or minor must be in writing.

Nope I didn't give consent and neither did the neighbour behind him.
Germ
post Apr 7 2022, 10:29 PM

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QUOTE(R231_SL65_AMG @ Apr 7 2022, 08:53 PM)
I once had a similar property, the corner house was undergoing extensive renovation that needed such a consent as it involved pilling and also from a single storey to a double storey.

The things to consider :-

1) How close to your property would the pilling and footing be done. I would request for what type of pilling would be utilised, how close to your property especially in regard to the firewall.

2) Direction of the sunlight and whether the structure would cast a shadow on your property.

3) Roof design, guttering and air conditioner water discharge plan especially if there is a shared gutter. Would the roof design cause water to flow onto your side thus creating noises and or leakages.

4) Are there any windows that later could be used as a platform to view into your house.

5) Access to your side of property for maintenance issues such as painting the walls etc.

Finally last but not least verbal agreements are worth less than toilet paper. Anything with regard to damage no matter major or minor must be in writing.

Nope I didn't give consent and neither did the neighbour behind him.
*
So could your neigbour proceed with the renovation in the end? Wondering if there is an appeal process if consent is not obtained.
R231_SL65_AMG
post Apr 8 2022, 06:50 PM

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QUOTE(Germ @ Apr 7 2022, 10:29 PM)
So could your neigbour proceed with the renovation in the end? Wondering if there is an appeal process if consent is not obtained.
*
Nope because that type of renovations needed the consent of immediate neighbours.

However in this situation if the neighbour isn’t adding a new storey then the renovations can carry on if pilling works are required but the owner would need to agree to settle any damages to the neighbouring property.
TSPowerGadget
post Apr 9 2022, 05:58 PM

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QUOTE(mini orchard @ Mar 31 2022, 11:29 AM)
The important part is to take as many photos of your current house condition before the reno start that there are no defects like cracks or leaking.

You can then discuss with the neighbours whether he wants a copy for his reference.

This is to avoid disagreement on the defects, if any, during and after the reno.

As for the plan, just keep it for reference.

Your 'job' is to monitor their progress so that it does not affect your property. Any issues, bring it up to the owner. Dont wait until completion to sort it out which by then is may too late to do rectification.

The consent letter is merely to let neighbours aware that there will be construction and noise going on. No one can stop another owner from renovation his property if approved by the authority.

When neighbours are affected during the reno, they can lodge a complaint with the authority and they will investigate.
*
So far neighbour said they are not comfortable to give me a copy of their drawing plan or any structural plan but only able to "show" me on the spot and sign the consent letter for them.

Do I need to engage any lawyer for this case which they promised to compensate me if there is any structural damage?
TSPowerGadget
post Apr 9 2022, 06:01 PM

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QUOTE(Phyarc @ Mar 31 2022, 02:24 PM)
1. Get pre-construction survey report done by building surveyor or architect. Normally done by renovating party (some due to authority requirement) but you can do your own or share the cost, as long both parties agree on to it being the existing condition. This can avoid dispute later, whether the defects are existing or due to the neighbour's construction.
2. Renovating neighbour shall be responsible to repair your property any damage, major or minor, unavoidable or not, as long as resulting from their works. Normally house built more than 6 months or 1 year should not have anymore settlement, unless neighbour do digging or majlis do excavation of infra upgrading works outside your house. Also could be soil settlement due to new load from extension part.
3. Piling is not the advisable solution for extension work to an existing terrace house due to risk of cracking adjoining neighbour's house (your house). You may like to get other's opinion on this.
*
Thanks Phyarc for your help.

1. Do you know usually it cost how much and what kind of company would handle this kind of works?
2. Do I need to engage any lawyer for this matter as verbally is easily be twisted later on.
3. I not really agreed with piling works as well but their project is rather big and seemed like unavoidable
TSPowerGadget
post Apr 9 2022, 06:01 PM

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QUOTE(Minolta @ Apr 4 2022, 08:51 PM)
Sounds reasonable. I think for piling, hammer/driven piles are usually not allowed in residential areas. Jack-in piling should be safer and cause less vibration.
*
Thanks! Seemed like I need to make sure that they are doing jack-in piling
TSPowerGadget
post Apr 9 2022, 06:06 PM

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QUOTE(R231_SL65_AMG @ Apr 7 2022, 08:53 PM)
I once had a similar property, the corner house was undergoing extensive renovation that needed such a consent as it involved pilling and also from a single storey to a double storey.

The things to consider :-

1) How close to your property would the pilling and footing be done. I would request for what type of pilling would be utilised, how close to your property especially in regard to the firewall.

2) Direction of the sunlight and whether the structure would cast a shadow on your property.

3) Roof design, guttering and air conditioner water discharge plan especially if there is a shared gutter. Would the roof design cause water to flow onto your side thus creating noises and or leakages.

4) Are there any windows that later could be used as a platform to view into your house.

5) Access to your side of property for maintenance issues such as painting the walls etc.

Finally last but not least verbal agreements are worth less than toilet paper. Anything with regard to damage no matter major or minor must be in writing.

Nope I didn't give consent and neither did the neighbour behind him.
*
Thanks for sharing your experience and wondering whether the rejection to sign the consent letter affect the relationship of you and your neighbour afterward?

1. Should I engage a civil engineer or what professional to look at the drawing as they not allow me to have a soft copy/photo/photocopy or whatever material, I only allowed to view on the spot and sign the consent letter

As for the other points, they are very informative one, thanks a lot for helping. Would take note on these.

TSPowerGadget
post Apr 9 2022, 06:07 PM

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QUOTE(R231_SL65_AMG @ Apr 8 2022, 06:50 PM)
Nope because that type of renovations needed the consent of immediate neighbours.

However in this situation if the neighbour isn’t adding a new storey then the renovations can carry on if pilling works are required but the owner would need to agree to settle any damages to the neighbouring property.
*
So in the end, they didn't do any renovation or just alter the renovation plan to something that is easily approved?

This post has been edited by PowerGadget: Apr 9 2022, 06:15 PM
mini orchard
post Apr 9 2022, 06:24 PM

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QUOTE(PowerGadget @ Apr 9 2022, 05:58 PM)
So far neighbour said they are not comfortable to give me a copy of their drawing plan or any structural plan but only able to "show" me on the spot and sign the consent letter for them.

Do I need to engage any lawyer for this case which they promised to compensate me if there is any structural damage?
*
If you have any objections to the construction, you can raise your concern with the local authority in writing with valid reasons.

Whatever compensation for damage to your property is beyond the control of the local authority. You can only sue the neighbour if it did occured and no satisfactory rectification is done.

I am not sure how your lawyer can handle this situation b4 the construction other than a letter to inform him he will be held liable for any damage to your property.

As stated earlier, it is difficult to stop his construction if approved by the authority. They would have studied what are allowed and disallowed. Unforeseen damaged cannot be a reason to stop a construction. Otherwise all highrise, highways, lrt and mrt construction cannot procced.

This post has been edited by mini orchard: Apr 9 2022, 06:33 PM
TSPowerGadget
post Apr 9 2022, 06:28 PM

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QUOTE(mini orchard @ Apr 9 2022, 06:24 PM)
If you have any objections to the construction, you can raise your concern with the local authority in writing with valid reasons.

Whatever compensation for damage to your property is beyond the control of the local authority. You can only sue the neighbour if it did occured and no satisfactory rectification is done.

I am not sure how your lawyer can handle this situation b4 tbe construction other than a letter to inform him he will be held liable for any danmage to your property.

As stated earlier, it is difficult to stop his construction if approved by the authority. They would have studied what are allowed and disallowed. Unforseen damaged cannot be a reason to stop a construction. Otherwise all highrise,  highways, lrt and mrt construction cannot procced.
*
Thanks for helping, mini orchard!

Wondering those construction insurance is bought prior to the renovation approval or must giving them consent first then only they can proceed with the insurance?

Would it be fine if I don't give them consent at all and they just proceed with the renovation as the letter of consent consist of this sentence "The proposed extensions to the house have been clearly indicated and we confirm that we do not have any objection to the plans shown to us being Approved."

The letter head is local council but without any documentation number. Wondering nowadays government document is in English?

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