How to apply for Extension Permit?

How to apply for extension Permit?

Are you planning to extend the backyard of your house by renovating another bedroom?

As an owner, you have all the right to apply for the extension of the house, however, when the fundamental structure of the house has been extended whereby the area of extension is no longer a livable stage, you need to apply for the permit for extension from the relevant local council.

You will need to apply for a extension permit  by applying to the local council of your respectively district ,ie, the Majlis Perbandaran by submitting:

• Extended Building Plan duly certified by Architect

• Your land title (if any)/Sale and Purchase Agreement (with original plan attached);

• Identification card of the owner;

• Assessment receipt;

• Quit rent receipt (if under master title, can request from JMB/MC)

(“list of documents”)

Why do you need to apply for extension permit?

I had a client that had started renovating his apartment and extended his backyard. This is the delineation part, if the renovation is minor, and does not change the strata ratio of the building where it make the area being renovated not liveable, then you may proceed with the renovation subjected to JMB/MC approval.

However, when the renovation fundamentally extended the house until the area being extended has trespass into the “common area” of the housing area, then your renovation requires an approval of extension permit from the local council.

How do you apply for the extended renovation plan?

• You need to engage an architect to draw the extended building plan;

• The architect needs to certify on the extended building plan; where does the extension started from the principal structure of the building, and to what extend the extension has trespass into the common area of the housing development;

• Next, you can submit the extended building plan by paying a fee to the relevant local council;

What is consider minor renovation/extension?

Minor/renovation can be repainting unit, however, for strata building, re-painting may require JMB/MC approval. After the defect liability period has expired, the owner may repair their unit, and all these do not require permit.

However, if you change the window of your unit, with a new spec, it is considered renovation that trespass into changing the original structure of the strata building, you will need a permit.

If you are confused on whether or not you need a permit to extend your unit, do clarify with your JMB/MC.

Alternatively, if you insist your renovation has comply with the strata management law, you may contact us for advisory or to represent you in your negotiation with the JMB/MC or relevant local council. It is very frustrating when you have already started your renovation work on the presumption that you do not need to apply for a extension permit, just to be told you need one later.

You may need to pay for your workers salary that still continue to be counted on day to day basis just because there is work stoppage order being served to you. Frustrating? Contact us now to alleviate your frustration. Every problem has a solution, and we are here to solve your problem.

Case Study 1 : Nadia Management Corporation suing Owner for renovation of unit without approval plan (2014)

The fact shows that the Management Corporation (MC) was suing the owner for unapproved renovation works. Worse still, the MC had applied to the Court for an injunction to stop the owner from proceeding with the renovation and a court order to seek the owner to rectify and restore the facade of the building to its original state.

The owner in this case had carried out renovation work in respect of its external patio where the existing sliding glass door was removed and relocated to cover the patio, thus affecting the original external facade of the building.

The MC argued that this infringed the House Rules and Regulations. Rule 4.6 deals with the preservation of the exterior facade of the building for the purpose of maintaining its aesthetic integrity.

Further, MC argued that owner failed to register its appointed contractor with the MC as required under clause 7 of the House Rules and the appointed Contractor had trespassed into the condominium with the owner's card. This infringed clause 5.3 of the House Rules.

The Owner argued that they are not bound by the House Rules. In this case, the owner is a Subsale buyer, so they argued that the deed of assignment did not assign the duties and liabilities of the previous purchaser to them, therefore they were not bound by the House Rules.

The owner also argued that the renovation was cosmetic in nature and has a constitutional right to deal with his property in the way he wanted.

The Court held that the DMC House Rules shall form basis of the relationship between the developer and the owners of the strata unit. That this contractual provision within the DMC shall allow the MC to have the power to regulate the House Rules on the owner.

Under section 43(2)(f) of the Strata Title Act 1985, the MC is empowered to do all things necessary for the enforcement of the by laws including power to make detailed house rules for effective management of the strata scheme.

The Court also held that house rules can exist side by side with the statutory by laws found in the Third Schedule and those made by the management corporation under section 44(1) of the STA.

Th Court in this case had granted a mandatory injunction to the MC to order the owner to undo the renovation works and to rectify the restoration of the facade to its original state.