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Buying a hillside home
11/06/2006 New Straits Times
This scene of destruction is forever etched in the memory of Malaysians.In
2002, the home of former Armed Forces chief Tan Sri Ismail Omar in Taman
Hillview collapsed under tonnes of mud that a landslide brought tumbling
down.Eight in his family died.
1. GET TO KNOW YOUR DEVELOPER
* Find out who the developer is and his reputation.
* Check if the company is licensed.
* Check if the company or any of its directors have been blacklisted by the
Ministry of Housing and Local Government.
* Check its financial strength and experience in hill slope development.
2. ASK FOR AN APPROVED LAYOUT PLAN
* The approved layout plan of the development must be signed and approved by
the Local Authority or State Planning Department.
* Do not accept the usual unsigned layout plan behind the sales and purchase
agreement.
* The unsigned plan doesn’t show the actual approved land use in relation to
your lot and the surrounding area.
3. ASK FOR A COPY OF THE DEVELOPMENT ORDER AND IMPACT REPORT
* The order shows you necessary protective measures that should be carried
out for the development.
* The impact report should outline the impact of this development and how it
affects surrounding areas.
4. CHECK IF PLANS FOLLOW GUIDELINES
* Ask the developer for a topographical map of the area which shows the
gradient of the slope.
* Ask for a statement of compliance in relation to the Highland Development
Guidelines as well.
* This prohibits any development above 35 degrees and requires an
environmental impact assessment report for development of slopes between 26
and 35 degrees.
* The EIA must contain a geological report, geotechnical report, an erosion
risk map and the stabilisation and erosion mitigation steps it proposes. It
is not limited to development over 50ha.
* If slopes in the area have a gradient below 25 degrees, ask the developer
for a written confirmation that it has complied with Hill Slope Development
Guidelines 1997 and Erosion Control and Sedimentation Guidelines 1996
5. DOUBLE CHECK WITH THE LOCAL COUNCIL
* Confirm with the Planning Department of the local council which issued the
development order, that the developers have adhered to all requirements.
* Ask for a confirmation in writing that the developer has submitted a
development impact proposal report as required under the Town and Country
Planning Act 1976
6. ENSURE THAT INSURANCE IS AVAILABLE
* Make sure insurance is available to protect against landslides, flooding
and damage caused by earth movement and other concerns. If not, reconsider
the purchase.
* If you are financing the property through the developer’s bank, make sure
it is willing to insure against these.
7. WALL OR BUILDING FIRST?
* Determine whether the developer will implement mitigation measures such as
building drains and retention walls before putting up the building or after.
* It should mitigate first.
8. ASK A PROFESSIONAL FOR HELP
* If it is necessary, engage a professional to give you a report or help you
understand the documents you have asked for. Factor this cost into the
purchase price.
9. SAY YES — BUT STATE CONDITIONS
* If you’re satisfied with the response, write to the developer confirming
that you will buy the property on two conditions — that these requirements
have been strictly complied with and that all reasonable steps have been
taken to protect the property against landslides, erosion and such damage.
10. THE JOB NEVER ENDS
* Monitor the progress of construction and be prepared to take firm action
and seek legal help if at anytime you suspect the safety of your building is
being compromised.
* Trust no one when it comes to your safety. Don’t be afraid to walk away
from a deal you aren’t satisfied with.
LEARN MORE
THE Housing and Local Government Ministry’s website carries a general guide
for house buyers.
This can be viewed at http://www.kpkt. gov.my.
From its homepage, consumers can also check on developers who have been
issued summonses.
The House Buyers Association’s website also has a page “useful guidelines”,
which provides links to guidelines on sales and purchase agreements,
certification by architects as well as links to articles on engineers and
professional liability and hillside development. Visit http://www.hba.org.my/laws/
guidelines.htm.
NEW DEVELOPMENT ON YOUR SLOPE
1. Peruse the proposal
* If a new development is planned on a slope where it may pose a threat to
you,ask to see the development proposal.
Ask for a copy of the development impact report and a statement of
compliance with the Highland Development Guidelines.
2. Get residents and representatives moving
* Mobilise your residents association.Approach your Member of Parliament or
State Assemblyman to ensure a public hearing on the proposed development.
The hearing should be for the immediate neighbours but all people likely to
be affected. All relevant reports should be disclosed during the
public meeting.
3. Don't hesitate to make complaints official
* If you feel, your requests are being obstructed, make your complaint
official — to the Public Complaints Bureau — for instance.
4. Demand enforcement and transparency
* Ask that the Government ensures the local authority and developers comply
with laws on highland and hill development. Ask that the process of approval
be open to scrutiny by residents. |
