When unauthorised home renovations next door affect you

Better a neighbour nearby than a relative far away, says a proverb. Indeed, neighbours play an important role in our lives. Good neighbours can make our communities safer and a joy to reside in.

Conversely, bad neighbours can make our lives miserable – from parking indiscriminately on our compounds to playing loud music at unearthly hours. In fact, some of these issues have led to neighbours becoming sworn enemies.

In a case in Mantin, Negeri Sembilan, a couple's life has turned into a nightmare since their neighbour began renovations.

As reported by The Star on June 7, the couple, who only wants to be known as Halim, 38, and Sabrina, 44, had to endure cracks and leaks in their unit whenever it rained, soon after the renovation work had started. In addition, Halim alleged that even stones, nails and other construction debris fell into their compound.

They had lodged a police report on the matter as well as several reports with the Seremban City Council (MBS) but renovation work did not stop.

The issue escalated on Sunday (June 5) when the neighbour allegedly threatened Halim while he was taking photographs and videos of the house to send to MBS. Seremban mayor Datuk Masri Razali said legal action would be taken against the owner for renovating his home without approval

"The MBS had issued notices to the owner to stop work and demolish the renovated structure on three occasions before," Masri said.

He added that anyone planning to do renovation work must get approval to ensure all safety aspects are adhered to and to prevent any issues for others.

So, if a neighbour's renovation encroaches into your compound, here are some steps you can take.

1. Know your land boundaries

According to Asklegal.my, before taking any action against your neighbour, "ensure that they are actually building on your land."

If you are unsure of your land's boundaries, you can obtain a copy of the land grant at your local land office.

Assuming that everything is being done legally (with approval from local authorities), you can ask your neighbour to show you the plan to ensure your land will be untouched.

2. Report to local authorities

If they have indeed encroached into your compound, you can take action by reporting it to your local town or city council.

If the renovations were found to be not conforming to plan or no approval was obtained, the council could issue a stop-work order for the renovations. In some cases, a fine could be issued. If the neighbour did not stop, the council could tear down and undo all the renovations that had been done.

Each council will also have guidelines for specific types of renovations. Be sure to check with the council and remember to take pictures of your neighbour's renovation as proof.

3. Sue them

Worst comes to worst, AskLegal.my states there are remedies under civil law. Firstly, under tort law, you can sue for nuisance and in this case, private nuisance.

In order to sue someone for private nuisance, they must have interfered with the enjoyment of your own land. In simpler terms, they must have made it difficult for you to live peacefully in your own home.

Additionally, under land law, you can also sue for trespass. Trespass means the act of someone illegally entering your land without your permission.

The term can also cover anyone or anything that enters a land without the owner's permission. Renovations that are done on your land can be counted as an act of trespass.

Besides suing for trespass under civil law, trespass can also be considered a criminal offence if the person damages your property with the intention of causing damage. If this is the case, you can directly file a police report.

Lastly, AskLegal.my notes that the steps mentioned are a general guide, and there may be additional avenues that are available. Get in touch with a lawyer to know what works best for your particular case.