Placing the cart before the horse
The image of the letter to the S19 house-buyer in 2012, indicates that in Sabah the cart can be placed before the horse in many instances.
The platform height of House No S19 (now renumbered S2) in the original Development Plan dated 1995 and approved by DBKK and the Development Plan attached to Faisal’s Sales & Purchase agreement is 100 feet.
The Development Plan submitted to DBKK after construction and approved by DBKK in 2018 has a platform height of 105.47 feet.
As the driveway was too steep (even steeper than that of S9) part of the piece of land earmarked as public property, highlighted in green in the diagram below, was annexed to build a car porch for this house.
No permission was acquired from the other house buyers.
It is clear from the transcript letter below that no permission had been obtained from DBKK either.
Here is a letter from the Developer to the S19 house buyer dated 19.7.2012.
I have copied the contents below:
Re: Lot S19, 2-story semi-detached house at Vistana Heights, Iramanis- Variation in land size.
a) Lot size increases by additional 20‘- 0” in width, approximately 5,880 sq ft;
b) An extra car porch to be built on the said land with car access;
c) The original driveway will be omitted;
d) From house wall to gate is 30’ -0” and not 32’ – 0”.
These variations will be submitted to DBKK for approval. Should the application be rejected by DBKK, the buyer has the right to cancel the Sale and Purchase Agreement.
Thank you.
Signed for Topwira Corporation Sdn Bhd:
Robert C.K. Lee (Managing Director.
Accepted by: The purchasers.
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