Retaining Wall Issue at Vistana Heights

When my son purchased a unit at Vistana Heights, the developer assured him that a retaining wall would be constructed behind the houses. In 2022, I requested the retaining wall diagram for units S1 to S18 and was referred to Mr. Beddu Ahmad, the officer responsible for retaining walls. During a meeting, Mr. Beddu stated he would provide a copy of the diagram once located. However, on 8.11.2022, at a chance encounter at DBKK’s ground floor, he informed me that no such drawing existed. My emails to him on 31.10.2022 and 8.11.2022 went unanswered.

At a meeting on 5.5.2025 with DBKK officers, LYS Architect Sdn. Bhd., the surveyor, and chaired by Sr. Lifred, it was confirmed that DBKK has no record of a retaining wall drawing for Vistana Heights. My repeated inquiries to DBKK about whether a retaining wall was planned remain unanswered, with no written response provided—a common issue with civil servants in Sabah.

                                          Sr. Lifred who chaired the meeting on 5.5.2025.

Significant land slippage, exceeding 9 feet, has occurred from units S8 to S3, reducing plot sizes. For instance, S8 is 600 square feet smaller than my unit, S9, and units S6 to S3 are even shorter due to further land collapse.

At a meeting with LPPB and DBKK, our engineer and architect claimed that trees at the cliff’s base would prevent soil erosion. However, my ongoing observations show continued land slippage behind the houses, posing a risk of collapse that could render Vistana Heights uninhabitable.

The narrow ledge behind the houses is repeatedly cemented to cover recurring cracks, yet no one investigates the underlying cause of these cracks or the instability of the retaining walls between houses. Due to the imminent risk of collapse without a proper retaining wall, the houses at Vistana Heights are unsafe for occupancy. Consequently, our unit has not been rented out since the Occupancy Certificate was issued.

Attached photos show the ledge behind the houses, with visible cracks highlighting the ongoing issue.

Crack on the ledge which has already been cemented at least 3 times.

 Wall behind S8 cracked and re-cemented several times.