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?

you can see what design they building...does it affect you?

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

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?

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

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.

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.

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.

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.

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.

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 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?

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

Thanks! Seemed like I need to make sure that they are doing jack-in piling

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.

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

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

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?

Insurance will sell everything. Is a business. It doesnt need consent or approval. Only if there are claims, they will request for the necessary documents. If insured cannot provide, then no claims will be approved.

You have your reasons not to give consent but the neigbours will have their ways to proceed albeit some delays.

He can issue a formal letter through his lawyer and cc a copy to the local authority to inform you and to lodge a formal objection if any within xx days. If there is no response, is deemed you have no objection.

Letter wriiten in BM is a policy but not a legal requirement. As long the authority accepts, it suffice.

Relationship? Couldn't care less as it was a house I bought for investment. Didn't want that type of structure next to it as it may become difficult to sell in future in addition to it being an eyesore. In any case its been more than 11 years, house also sold on to the tenant that was living in it and my tenant never met the neighbour and neither did the neighbour ever bother to say hi. In any case for something of this sort, I wouldn't even consider that the relationship could turn sour as a reason to give consent.

Not allowed to see a copy of the drawings? I'd tell him to screw off as most likely there is something he is trying to hide that could or would affect your property. I'd tell it to his face either reveal the blueprints or no signature and I would CC the local council on that matter.

FYI, for the property in question, the owner of the neighbouring property provided the full architectural drawings and full construction blueprints because the neighbour behind him requested it and he provided it to both of us.




He renovated minus adding the second floor.


Seems fishy.

Thanks mini orchard for constantly helping.

Now they told me that they cannot give me even "see" the documentation as it's their privacy and I have no right to know how many rooms and location of toilets in the house.

I even said sorry for the inconvenience caused and say nicely to her but she just hang up my call and shout "I SELL MY HOUSE TO YOU LA".

I am wondering what option do I left as they now forced me sign without seeing documents
Thank you very much, R231_SL65_AMG for your very kind sharing.

Now they told me that they cannot give me even "see" the documentation as it's their privacy and I have no right to know how many rooms and location of toilets in the house.

I even said sorry for the inconvenience caused and say nicely to her but she just hang up my call and shout "I SELL MY HOUSE TO YOU LA".

Do you eventually raise objection or send a formal letter to your local council about this?

All you want is for them to rectify any damages resulting from the construction and both of you should find a solution for that. If both cannot agree, then I suggest you see the local authority regarding your problem since they are the one going to approve the construction.

I am not sure how you can object to their construction after seeing the plan if is allowed by the local authority bylaws unless you have a good reason your property are directly affected.

Best to settle it peacefully.

In worst case, he may bring the case to court and it will cost you money if you want defend the case.

This post has been edited by mini orchard: Apr 10 2022, 09:52 PM

They really cant do anything besides minor renovation without your consent. If they are this way just object, you can even lodge the objection with the relevant department for their reference. If they start to go ahead anyway, you can get a stop-work-order. Anything that affecrts the "enjoyment" of your property requires your written approval. Yes, even casting more shade on your property by increasing the height of the structure is not possible. So there is little they can do. Just let them know you have no intention in giving your consent and that is it. Nobody can force you to sign - it is your property and the neighbour only bought/owns what is currently there. Just because they want to do something different doesnt mean they have any right to do so.

Every plan submission will have to follow local authority guidelines and bylaws and every archtiect will know that, else it will be rejected.

The question of any illegal extension shouldnt arise unless deviate from approved plan

Is not only about right to do but legally allowed if approved.

True. But first yo need to obtain a letter of consent from neighbours should the extension or renovation work involve areas bordering the neighbour’s house. I believe this also applies if the result of the work will affect the neighbours "enjoyment" of his/her property. The law is quite broad in that sense. You will not be able to get the permit unless you have the neighbours approval. At least this is how it works in my area. Plenty of neighbouts including myself have already rejected small and big renovation attempts this way.

That is why many dont bothered to do legal reno.

This post has been edited by mini orchard: Apr 11 2022, 02:25 PM

Possible. If illegal renovation, you can very easily get a stop work order. At least in my area they are very fast with that. Nobody needs to put up with that.

Paying off enforcement officer is easier than all those trouble

No guarantee your neighbour wont insist. If local authorities dont act, you can even hold them accountable, drag them to court or simply file a suit against the neighbour. If you are in the right you will win. Also dont forget that complaints can now be filed online, so there is a track record and a KPI. 15 years ago I would agree paying of is easier. I dont think that is still true today.

How our country reach podium in the latest world corruption index .... I dont think need further explaination. From small to big everyone has a share.

If authority act on every complaints and neigbours are financially sound to go to court, we wont have so much problems in our taman and highrise.

I agreed that authority do take actions but very minimal in numbers compared to the overall complaints lodged.

This post has been edited by mini orchard: Apr 11 2022, 03:33 PM

I wouldn't even bother entertaining such people.

I didn't need to raise any further objections because in order for adding a storey type renovation, it needed neighbour's approval or it won't be approved. Plus the neighbour behind is a certain DBKL bigshot.

1. roughly 1 to 1.5k. Building Surveyor, Architect or Engineer. Company more expensive than individuals offering the same service. Which municipality is your property? Because some municipality eg. DBKL requires the dilapidation report to be submitted by person doing renovation.
2. In the beginning, no need lawyer, unless you are required to sign some legal documents. In the plan to be approved by local authority, the owner is required to declare 'Saya mengaku untuk bertanggungjawab terhadap sebarang kerosakan bangunan lot/jiran bersebelahan akibat dari kerja'kerja pembinaan yang dijalankan" and sign. Thus if your property is damaged by neighbour's construction, you can first ask the neighbour to repair. If the neighbour does nothing, then you can complain to the local authority who may or may not issue stop work order. If the neighbour still does not heed, then only you get a lawyer to write letter of demand.
3. well that is only one of the issue. you can't stop them using the type of foundation especially if approved by the local authority, and you can only caution them. There are other potential issues like intrusion of privacy, their property blocking view and sunlight, water draining to your side of property, or even unfinished/unplastered/unpainted wall surface on your side of property. the workers may even climb on top of your roof, place materials on top of your roof and in some of the worst cases even erect scaffold in your property.