My 2 cents: For clarification purpose, the professional capacity of the 2 roles you mentioned: - Registered building draughtman (BD) can only submit renovation plan which does not involve structural changes. They cannot issue CCC as this is the power and responsibility granted to a professional architect. - Registered architect can submit for major renovation works which involve structural changes. For such major changes, a CCC is required to certify that these new construction is safe and fit for occupation. They can issue CCC as this is the power and responsibility granted to architects/principle submitting person under the Street, Drainage and Building Act. An Architect will take responsibility of the works that he certifies. Hence, why architect charges more than BD. My advise to Mr Tan: - This is a common everyday issue in Malaysia. You are not the only person with this dilemma. - It is already stated in the law since the 60s that an approval is required from local authority for any renovation or modification to a building. Hence, any renovation without approval is technical already flouting the law. - There is lax enforcement on this for many years. It is only recently, that local councils (PBT) are taking a bit of action due to more noises being made, so now you actually do see examples of PBT demolishing illegal extensions. However, in view of that, some PBT like MBSJ (then MPSJ) even allowed for Program Pemutihan (grace period for owners to regularize their illegal renovations) for almost 2 years before they start taking action. - Regarding the penalties, other than the obvious demolishment of the illegal structure, other penalties will include a fine of up to 20X of the submission fees. The property may also be sealed by PBT until appropriate actions has been carried out. - If Mr Tan's house extension is not that extensive compared to the surrounding original house, he may employ a BD to submit the renovation plan. - However, if his house has been renovated for example to a double storey and the original house was a single storey, should he want to regularize this, he needs to employ an architect so that he can submit and issue a CCC. - Should you engage a BD/architect and after consultation with the PBT, your extensions still comply to planning and building requirements, you do not need to demolish the extensions. You just need to regularize it. If you do so, it will give you a peace of mind. - Like what Sean mentioned, CCC for renovations are quite helpful in insurance and valuation matters. But without CCC, you are not able to refinance your house as the banks need this document. I would suggest Mr Tan to first speak to previous owner to see which contractor he engaged in the renovation works. The contractor may have the drawings which Mr Tan can used to submit the renovation drawings. In the end it is up to Mr Tan to evaluate his risk and decide what his next course of action should be.
dear owner, if you have money & time and also want to be a good citizen, just hire a architect to re-draw and renovate as per the compliance. No need to so fussy go "invite" authority to come kacau you. In chinese theres a saying "you put a worm in your butthole".
Old neighborhood in KL can’t do much. But if you’re in a new housing area resident should make a complaint because if you didn’t do it, other residents will look at the illegally renovated house as a reference for their own house renovation and later said, that guy can do it, why can’t I?
I'm currently looking at industrial rather than commercial properties at the moment as I obey the monopoly game rule of having 4 houses before upgrading into hotels hahahaha. Anyway, they are products of higher risk which can make higher returns but also have high chance of losing money. Thanks for watching Mubarak=)
This video is so informative it made me feel like I am taking a class in uni. I have a question about this. Is there anyway to check if the property I want to buy did its extension legally?
Er, I guess only a certified professional such as an architect or registered contractor can help. Thanks for watching yea. Do I really sound like a lecturer? hahahaha=)
I'm sure the owner will still get the approval possibly even without any hacking cause ultimately, it is just a matter of $$$ aka 'unprescribed penalty charges'. Even if you follow the steps right from the beginning, don't be surprised to pay the 'unprescribed penalty charges' to get it approved. As with valuation, like Sean said, you can always work out the best way with the valuer since a valuer has the prerogative to do any adjustments deemed justifiable, they represent you anyway. Probably the gain in value just equals to the cost of getting approval.
Great video. Tough spot for the person who sent in the subject. I do wish you’d create a montage of pictures from you videos and put the music over it - you can’t start talking while the music is playing.
If you are having trouble getting fire insurance for your structure,I think this will not bode very well with your financial institution, since their “asset” is not very well protected,and they will be very pissed ;(
Surely the purchasers legal representative should have highlighted the “illegal” works. Not having done so they must have a responsibility to rectify the matter and/or cover the costs.
For secondary market purchases, to the lawyers, the transactions are based on "as is, where is" condition. It is the buyers responsibility to do due diligence or to impose condition to seller to provide the necessary approved plans. Failing which, it is really up to buyer whether they want to negotiate the price for a building that does not have proper approvals. In fact, the buyer could suggest discount of the sale price of the appropriate amount of getting the building regularized (submission fees, engagement of consultants etc).
Your neighbour no complaint you, then should be OK. In sarawak 20 landed houses, at least 15 of them extended the kitchen and never submit plan also. So all diam diam. You cond cucuk me and I don't cucuk you. Hehehe
I like the comparison between school students and their teacher. This highlights a huge problem with enforcement by KPKT and state government. When everyone is fine with whatever illegal act you did, then you are perfectly safe. If one day a nosy neighbor decide to point it out to the authorities, then habis la...
Another great and "relatable" discussion. Sometimes , Silence is Golden.
My 2 cents:
For clarification purpose, the professional capacity of the 2 roles you mentioned:
- Registered building draughtman (BD) can only submit renovation plan which does not involve structural changes. They cannot issue CCC as this is the power and responsibility granted to a professional architect.
- Registered architect can submit for major renovation works which involve structural changes. For such major changes, a CCC is required to certify that these new construction is safe and fit for occupation. They can issue CCC as this is the power and responsibility granted to architects/principle submitting person under the Street, Drainage and Building Act. An Architect will take responsibility of the works that he certifies. Hence, why architect charges more than BD.
My advise to Mr Tan:
- This is a common everyday issue in Malaysia. You are not the only person with this dilemma.
- It is already stated in the law since the 60s that an approval is required from local authority for any renovation or modification to a building. Hence, any renovation without approval is technical already flouting the law.
- There is lax enforcement on this for many years. It is only recently, that local councils (PBT) are taking a bit of action due to more noises being made, so now you actually do see examples of PBT demolishing illegal extensions. However, in view of that, some PBT like MBSJ (then MPSJ) even allowed for Program Pemutihan (grace period for owners to regularize their illegal renovations) for almost 2 years before they start taking action.
- Regarding the penalties, other than the obvious demolishment of the illegal structure, other penalties will include a fine of up to 20X of the submission fees. The property may also be sealed by PBT until appropriate actions has been carried out.
- If Mr Tan's house extension is not that extensive compared to the surrounding original house, he may employ a BD to submit the renovation plan.
- However, if his house has been renovated for example to a double storey and the original house was a single storey, should he want to regularize this, he needs to employ an architect so that he can submit and issue a CCC.
- Should you engage a BD/architect and after consultation with the PBT, your extensions still comply to planning and building requirements, you do not need to demolish the extensions. You just need to regularize it. If you do so, it will give you a peace of mind.
- Like what Sean mentioned, CCC for renovations are quite helpful in insurance and valuation matters. But without CCC, you are not able to refinance your house as the banks need this document.
I would suggest Mr Tan to first speak to previous owner to see which contractor he engaged in the renovation works. The contractor may have the drawings which Mr Tan can used to submit the renovation drawings.
In the end it is up to Mr Tan to evaluate his risk and decide what his next course of action should be.
you cant unhear this, the ending song is sung as “apo kan ni na” 😂
the best thing he can do is a new renovation, with all the correct form and process followed, just forget the old renovation
dear owner, if you have money & time and also want to be a good citizen, just hire a architect to re-draw and renovate as per the compliance. No need to so fussy go "invite" authority to come kacau you. In chinese theres a saying "you put a worm in your butthole".
Hahaha. After you redraw, you'll still need to submit for approval for the local authority. Thanks for watching=)
Old neighborhood in KL can’t do much. But if you’re in a new housing area resident should make a complaint because if you didn’t do it, other residents will look at the illegally renovated house as a reference for their own house renovation and later said, that guy can do it, why can’t I?
Probably not relevant for this video, but just curious Sean, what you think of commercial properties like shoplots, do you invest in it ?
I'm currently looking at industrial rather than commercial properties at the moment as I obey the monopoly game rule of having 4 houses before upgrading into hotels hahahaha.
Anyway, they are products of higher risk which can make higher returns but also have high chance of losing money.
Thanks for watching Mubarak=)
This video is so informative it made me feel like I am taking a class in uni.
I have a question about this. Is there anyway to check if the property I want to buy did its extension legally?
Er, I guess only a certified professional such as an architect or registered contractor can help.
Thanks for watching yea. Do I really sound like a lecturer? hahahaha=)
@@iherng Like those laid back lecturers who friend friend with their students lol
I'm sure the owner will still get the approval possibly even without any hacking cause ultimately, it is just a matter of $$$ aka 'unprescribed penalty charges'. Even if you follow the steps right from the beginning, don't be surprised to pay the 'unprescribed penalty charges' to get it approved. As with valuation, like Sean said, you can always work out the best way with the valuer since a valuer has the prerogative to do any adjustments deemed justifiable, they represent you anyway. Probably the gain in value just equals to the cost of getting approval.
Just submit like you are just renovating your house. Don't tip them off that the house is already done.
Great video. Tough spot for the person who sent in the subject.
I do wish you’d create a montage of pictures from you videos and put the music over it - you can’t start talking while the music is playing.
If you are having trouble getting fire insurance for your structure,I think this will not bode very well with your financial institution, since their “asset” is not very well protected,and they will be very pissed ;(
Great video Sean
So for sub sales buyer any document to look at to know whether the renovated house is compliance or not ?
Surely the purchasers legal representative should have highlighted the “illegal” works. Not having done so they must have a responsibility to rectify the matter and/or cover the costs.
For secondary market purchases, to the lawyers, the transactions are based on "as is, where is" condition. It is the buyers responsibility to do due diligence or to impose condition to seller to provide the necessary approved plans. Failing which, it is really up to buyer whether they want to negotiate the price for a building that does not have proper approvals. In fact, the buyer could suggest discount of the sale price of the appropriate amount of getting the building regularized (submission fees, engagement of consultants etc).
@@JustinHor Thank you for advising about the law in Malaysia. I am in England, our law is different.
So now I know.
Your neighbour no complaint you, then should be OK. In sarawak 20 landed houses, at least 15 of them extended the kitchen and never submit plan also. So all diam diam. You cond cucuk me and I don't cucuk you. Hehehe
I like the comparison between school students and their teacher. This highlights a huge problem with enforcement by KPKT and state government. When everyone is fine with whatever illegal act you did, then you are perfectly safe. If one day a nosy neighbor decide to point it out to the authorities, then habis la...
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