31/07/2008 The Star By LIM CHIA YING

THE Subang Jaya Municipal Council (MPSJ) received a total of 318 complaints last year dealing with house renovations.

Public relations officer Azfarizal Abdul Rashid said when complaints were lodged, usually by neighbours, the renovations were most likely to be illegal.

“One of the ways to identify whether a project is legal or not is to check whether the waste bin belonging to Alam Flora is placed outside the site,” Azfarizal said.

He added that the council could take several actions if the work did not comply with the council’s building guidelines and standards under Act 133, Roads, Drainage, and Buildings Act (1974) (see table).

Azfarizal said among the types of renovation considered to be against the law were those that did not have the approval from the MPSJ, did not follow the approved plan or do not abide by the council’s building guidelines.

He said to avoid being liable, there were steps home owners could take to properly submit the extension or renovation applications.

“First, you need to obtain a letter of consent from neighbours should the extension or renovation work involve areas bordering the neighbour’s house,” Azfarizal said.

“Then, you need to appoint an architect or registered draughtsman to prepare the plans. Also, a chartered engineer must be appointed if the renovation works involve concrete structures.

“After this, it’s important to obtain the development order approval from the MPSJ’s planning department should the extension work exceed 50% of the original floor area,” he said.

He added that owners should also ensure that construction work begins only after the proposed extension or renovation application had been approved.

National House Buyers Association (HBA) honorary secretary-general Chang Kim Loong said owners should not carry out renovation works without approvals.

“Local councils have their own plans, too. If owners are found to be doing it illegally, they can be fined 10 times the application fee,” Chang said.

“If the renovation is within a permitted perimeter, like the construction of a small awning or garden shed, then it should not be a problem. However, in cases where a two-storey house is converted to a three-storey structure, then an application must be submitted.

“Where the common wall is concerned, the local council will require written consent from the neighbour, especially if the person intends to raise the wall up to six or eight feet,” he said.

Chang also felt it would be ideal if the councils could impose a time frame to complete the renovations.

“If a deadline has to be extended, then it is the owner’s responsibility to apply for it. Such appeals, however, must be supported by valid grounds,” he said.

He said while it was the owner’s choice to use his own contractor, it was prudent to get an architect to supervise the works.

Types of action available under the Roads, Drainage and Buildings Act 1974

- Issuance of notice of building notification to building owner

- Issuance of notice of building compound amounting to failure to display letter of approval on site and for construction without the council’s approval

- Issuance of compound for non-compliance amounting to RM500 should the building owner fail to comply with the Notice of Building Notification. A compound of RM250 per day can also be issued for as long as the owner fails to comply with the directives.

- Issuance of a 30-day demolition notice for construction that does not comply with the MPSJ’s building guidelines and standards and building by-laws

- Demolition exercise with costs to be borne by the building owner

- Court action should the owner reconstruct extensions or renovation works that have been demolished, where the court can impose a fine not exceeding RM1,000, or issue court order to demolish the building

MPSJ’s definition of proper building extensions or renovation

- Any demolition work done to the original building

- Any extension work done to the original building (enlarging floor area)

- Any renovation work done to the internal building layout

- Construction of car porch, fencing wall, and waste chamber.

- Any other extension or renovation as prescribed in Act 133, Road, Drainage, and Buildings Act 1974