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

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mini orchard
post Apr 9 2022, 08:54 PM

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QUOTE(PowerGadget @ Apr 9 2022, 06:28 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?
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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.


R231_SL65_AMG
post Apr 10 2022, 03:47 PM

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QUOTE(PowerGadget @ Apr 9 2022, 06:06 PM)
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.
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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.




QUOTE(PowerGadget @ Apr 9 2022, 06:07 PM)
So in the end, they didn't do any renovation or just alter the renovation plan to something that is easily approved?
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He renovated minus adding the second floor.


QUOTE(PowerGadget @ Apr 9 2022, 06:28 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?
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Seems fishy.
TSPowerGadget
post Apr 10 2022, 07:42 PM

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QUOTE(mini orchard @ Apr 9 2022, 08:54 PM)
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.
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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
QUOTE(R231_SL65_AMG @ Apr 10 2022, 03:47 PM)
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.
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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?
mini orchard
post Apr 10 2022, 09:00 PM

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QUOTE(PowerGadget @ Apr 10 2022, 07:42 PM)
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
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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
PJusa
post Apr 11 2022, 01:00 PM

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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.
mini orchard
post Apr 11 2022, 01:19 PM

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QUOTE(PJusa @ Apr 11 2022, 01:00 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.
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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.


PJusa
post Apr 11 2022, 02:17 PM

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QUOTE(mini orchard @ Apr 11 2022, 01:19 PM)
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.
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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.
mini orchard
post Apr 11 2022, 02:21 PM

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QUOTE(PJusa @ Apr 11 2022, 02:17 PM)
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.
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That is why many dont bothered to do legal reno.

This post has been edited by mini orchard: Apr 11 2022, 02:25 PM
PJusa
post Apr 11 2022, 02:24 PM

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QUOTE(mini orchard @ Apr 11 2022, 02:21 PM)
That is why many dont bothered to do legal reno.
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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.
mini orchard
post Apr 11 2022, 02:25 PM

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QUOTE(PJusa @ Apr 11 2022, 02:24 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.
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Paying off enforcement officer is easier than all those trouble
PJusa
post Apr 11 2022, 03:16 PM

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QUOTE(mini orchard @ Apr 11 2022, 02:25 PM)
Paying off enforcement officer is easier than all those trouble
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brows.gif 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.
mini orchard
post Apr 11 2022, 03:32 PM

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QUOTE(PJusa @ Apr 11 2022, 03:16 PM)
brows.gif 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.
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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
R231_SL65_AMG
post Apr 11 2022, 04:29 PM

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QUOTE(PowerGadget @ Apr 10 2022, 07:42 PM)

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?
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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.
Phyarc
post Apr 11 2022, 08:30 PM

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QUOTE(PowerGadget @ Apr 9 2022, 06:01 PM)
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
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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.

 

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