Questions on retaining wall at Vistana Heights since 2022
The question I had asked since 2022 is if a retaining wall was mandated behind the houses along S1 to S18 (now renamed D17 to D18).
In the minutes given to me on 11th June 2025 Item 3.2 states: The approval record for the retaining wall plan for this development must be reviewed to identify if there is a proposal for constructing a retaining wall at the rear of Lot S9 for information and reference in the upcoming meeting. Action by: DBKK Engineering Department and DBKK City Planning Department.
The revised minutes given to me on 21.7.2025 states: The approval record for the retaining wall plan for this development must be reviewed to determine if there is a need to construct a retaining wall at the rear of Lot S9 for reference in the upcoming meeting. Action by: DBKK Engineering Department and DBKK City Planning Department.
There are two matters here for consideration:
i. I asked about a retaining wall along the whole row behind the houses S1 to S18 and not just behind Lot S9. The most precarious situation is behind house Lot S5. If the collapse happens here the whole housing estate may be declared unfit for occupancy.
ii. My question was if a wall was mandated behind the houses and not if it was necessary.
The soil behind Lot D18 and D17 (Previously named S1&2 and S17&18) collapsed after the initial plan was submitted in 1995. The collapse of the soil along the whole length of houses from S1 to S18 resulted in:
i. Lot S1&S2 (renumbered D18) and Lot S17& S18 (renumbered D17) being redesigned from 4 lots of semidetached houses to 2 lots of detached 3 story houses.
ii. The boundaries behind Lot S8 to Lot S3 were moved forward by more than 6 feet.
A politician asked me for my emails. Perhaps others may find them useful too.
Here are some of my emails to DBKK and other parties regarding the retaining wall.
My emails numbered xi to xvi are of special importance.
i.
Datuk Mayor,
Dewan Bandaraya Kota Kinabalu,
No 1, Jalan Bandaran,
88675 Kota Kinabalu,
Sabah, Malaysia.
Luqman Michel
21, Golf Garden,
88300, Kota Kinabalu
13.10.2022
Dear Datuk,
Re: Original Development plan for development of Vistana Heights Phase 1A on CL. 015405571 & CL. 015465200
My name is Luqman Michel bearer of IC 520404055139. I am the father of Faisal Luqman and managing his house no 15 (S9) purchased from Topwira Corporation Sdn. Bhd.
I would be grateful if I may purchase a copy of the original development plan submitted to DBKK as the development plan on the S&P agreement is not clear.
I understand that the construction of the infrastructure deviates from the original submission. This has resulted in the driveway to house no 15 and several other houses too steep for standard cars to drive up to the car porch.
I would be grateful if you could also confirm if a retention wall was designed behind the houses on the left-hand side of the Puncak Vistana 1 road in the original plan. There is a steep fall of more than 20 feet behind the perimeter fence.
Attached, please find a copy of the S&P Agreement.
Thank you and kind regards,
Luqman Michel
ii.
From:luqmanm2002@yahoo.co.uk
To:Rosemary.Ahping@Sabah.gov.my
Cc:Della.Sinidol@Sabah.gov.my
Mon, 31 Oct 2022
Dear Ma’am,
I met up with your Puan Zaliezah Raskan this morning and explained to her my concern about the construction of Vistana Heights Phase 1. She said that she is aware of my email to aduan.lppb@sabah.gov.my.
I have been informed by officers at DBKK that the only approved Development Plan in their office is the DP dated 27.11.2006 that was handed over to me. The no Siri is DP/002/11.06.
I was informed by your Puan Zaliezah Raskan at this morning’s meeting that she also knows of only the DP dated 27.11.2006.
The above DP is different from the DP attached to the S&P agreement provided to my son Faisal Luqman on the purchase of house no. 15 (S9).
The DP shows the road at 100’ and the car porch to be 101’. However, the existing road and car porch are not consistent with the approved DP.
There is no retaining wall constructed behind houses No S10 downwards to house no S1. Kindly confirm if there was a retention wall designed or otherwise. A steep fall of more than 20 feet without a retention wall looks precarious.
I, on behalf of some of the owners of houses at Vistana Height Phase 1 would like to have a meeting among you, Topwira Corporation Snd. Bhd, the management of Vistana Heights and any other concerned parties, as soon as possible.
Attached, please find emails to Topwira Corporation Sdn. Bhd and the management company.
Relevant emails to the engineer, architect and DBKK may be found in my blog posts at LINK
I have also forwarded a detailed email with attachments to DBKK and other relevant parties including Topwira Corporation Sdn. Bhd.
Please confirm receipt of this email.
Thank you and kind regards,
Luqman Michel
iii.
From:luqmanm2002@yahoo.co.uk
To:beddu.ahmad@dbkk.sabah.gov.my
Mon, 31 Oct 2022
Dear Sir,
As discussed, this morning I would be grateful if you could please confirm if there was a retention wall designed behind houses S18 and S1 for the construction of the houses at Vistana Heights Phase 1.
The DP is DP/002/11.06 dated 27.11.2006.
Thank you and kind regards,
Luqman Michel
iv.
From:luqmanm2002@yahoo.co.uk
To:beddu.ahmad@dbkk.sabah.gov.my
Tue, 8 Nov 2022
Dear Enc. Beddu,
I refer to my email below and our chance meeting this morning at DBKK ground floor.
You said that you have not received my email dated 31.10.2022. I am resending it to you.
Sir, this morning you told me that there is no retaining wall designed by the engineer behind houses no S16 to no S1.
You further added that the land behind these houses is a gentle slope.
From what I see on the Development Plan and on-site the gentle slope is only from house no. S16 to House no. S10.
It is a vertical fall from house no. S10 to House no S1.
A few of the house owners at Vistana Heights will be glad to accompany you if you are able to make a site visit.
Let us know a suitable date and time for you and we will await your arrival.
Thank you and kind regards,
Luqman Michel
v.
From:luqmanm2002@yahoo.co.uk
To:beddu.ahmad@dbkk.sabah.gov.my
Cc:Julian.Joseph@dbkk.sabah.gov.my
Mon 14 Apr 2025
Dear Enc. Beddu,
I wrote an email to you on 31.10.2022. I would be grateful for a reply as I am preparing documents to take legal action against the developer and all concerned parties.
The following is my email for your ease of reference.
Regards,
Luqman Michel
vi.
From:luqmanm2002@yahoo.co.uk
To:Rosemary.Ahping@Sabah.gov.my
Cc:Della.Sinidol@Sabah.gov.my,topwiracorporation@yahoo.com,arkiteklys@gmail.com,zlsemsb@gmail.com,zaidunleengsabah@yahoo.com
Mon 14 Apr 2025
Dear Puan Rosemary Ahping,
I am writing to follow up on my email dated 31 October 2022, regarding critical safety concerns at Vistana Heights Phase 1, specifically the absence of a retaining wall behind houses S10 to S1, where there is a steep drop exceeding 20 feet. Regrettably, I have not received a response to that email, and the matter remains unresolved, prompting this urgent request for clarification and action.
In my original email, I highlighted the precarious situation due to the lack of a retaining wall, which leaves the slope vulnerable, and requested confirmation on whether such a wall was included in the approved design. Additionally, I proposed a meeting with representatives from LPPB, Topwira Corporation Sdn. Bhd., the management of Vistana Heights, and other relevant parties to address these concerns. As the safety of residents is paramount, I am reiterating these requests on behalf of affected homeowners.
Since my last correspondence, I have engaged with Andy, your architect, who claimed that no retaining wall was deemed necessary for lots S3 to S10. According to him, the developer and engineer, supported by a geotechnical consultant, determined that tall trees growing on level ground below the slope are sufficient to prevent erosion and ensure stability. However, this explanation raises serious concerns for the following reasons:
A significant soil collapse of 8.34 meters (approximately 19.85 feet) occurred behind lots SD1 and SD2, affecting the original plans for houses S1, S2, S17, and S18. These were redesigned into three-story detached houses (D18 and D17), which remain incomplete as of April 2025. This collapse directly contradicts the claim that trees alone can stabilize the hill, as the trees failed to prevent such a failure in an adjacent area.
I requested Andy to provide the detailed soil test and written geotechnical report supporting the decision to omit a retaining wall. Despite my request, no such documentation has been shared. Under the Uniform Building By-Laws 1984 (applicable in Sabah), a geotechnical assessment for a slope exceeding 6 feet—let alone 20 feet—should be documented to justify the absence of structural measures. The lack of this report undermines the credibility of the claim that trees are sufficient.
The collapse near SD1 and SD2 suggests broader instability across the hill, potentially affecting lots S3 to S10. Tree roots are generally effective for shallow soil stabilization but are unlikely to prevent deep-seated slope failure on a near-vertical 20-foot drop. Without a retaining wall or robust geotechnical evidence, the safety of residents in these houses is at risk.
It remains unclear whether the approved development plans submitted to DBKK included a retaining wall behind S3 to S10, as initially promised by the developer. If a wall was planned but not constructed, this constitutes a failure by the architect (as PSP), engineer, and contractor. If it was not planned, the justification for its omission—relying solely on trees—appears inadequate given the collapse elsewhere and the absence of supporting reports.
In light of these issues, I kindly request the following:
Confirmation on Retaining Wall Design: Please clarify whether the approved development plans included a retaining wall behind houses S1 to S10. If so, why was it not constructed? If not, please provide the geotechnical report justifying its omission.
Share the detailed soil test and written geotechnical report referenced by Andy, which allegedly supports the reliance on trees for slope stability.
Arrange a meeting at the earliest possible date with representatives from LPPB, Topwira Corporation Sdn. Bhd., Vistana Heights management, and other relevant parties to discuss these safety concerns and agree on immediate remedial actions.
Provide an update on the completion status of the redesigned houses D18 and D17, and explain how the soil collapse has been addressed to prevent further instability.
The soil collapse near SD1 and SD2, coupled with the absence of a retaining wall behind S3 to S10, raises serious doubts about the hill’s overall stability. As the Land Owner, LPPB bears responsibility for ensuring the development complies with approved plans and safety standards. The lack of response to my earlier email and the failure to provide requested documentation only heighten our concerns.
Please treat this matter with the urgency it demands, as I am preparing material for legal action against the developer and all parties concerned. I look forward to your prompt response within 7 working days and confirmation of a meeting date.
Thank you for your attention to this critical issue.
Yours sincerely,
Luqman
vii.
From:luqmanm2002@yahoo.co.uk
To:Suzilawati.MSha@sabah.gov.my,Rabiatul.Abdullah@sabah.gov.my
Tue 15 Apr 2025
Dear Puan, Suzi,
Please forward this message to whoever in LPPB could help me with this matter.
Please pass this email to YB Datuk Masiung Banah.
Kindly acknowledge receipt of this email.
Thank you and kind regards,
Luqman Michel
viii.
From:luqmanm2002@yahoo.co.uk
To:Suzilawati.MSha@sabah.gov.my
Cc:Rabiatul.Abdullah@sabah.gov.my
Thu 17 Apr 2025
Dear Puan Suzi,
I have not received any acknowledgment of receipt of my emails, as requested by me and agreed upon by you.
This matter, which involves many civil servants, could have been easily resolved since I started complaining 4 years ago.
Don't let this become like the Malay proverb 'Nasi sudah jadi bubur'.
I request you to make an appointment for me with Datuk Masiung.
Please let me know when we may be able to meet him.
I will telephone you later this morning.
Regards,
Luqman Michel
ix.
From:luqmanm2002@yahoo.co.uk
To:topwiracorporation@yahoo.com,arkiteklys@gmail.com
Sun 20 Apr 2025
Dear Mrs. Monica Lee and Ar Lee Yik Soon,
I am writing to follow up on critical safety concerns at Vistana Heights Phase 1, specifically regarding the recurring cement patching behind the perimeter wall fence, which indicates underlying structural issues. I strongly urge you to arrange a meeting with me before this escalates further.
On several occasions, I raised concerns about the instability of the area behind the perimeter wall, yet the issue remains unaddressed. Recent observations and photographic evidence from yesterday and today reveal new cementing in several areas, particularly behind houses No. 11 (S7), No. 9 (S6), and No. 5 (S3A). The situation behind No. 5 is particularly alarming, as part of the cemented area has collapsed, and new cracks are clearly visible. These developments suggest ongoing instability, potentially endangering residents.
The frequent need to patch cracks over the past year raises serious questions about the underlying causes of this deterioration. I request the following immediate actions:
Please confirm whether the approved development plans accounted for the stability of the area behind the perimeter wall fence. If structural measures were included, why are recurring cracks and collapses occurring? If not, what geotechnical assessments justify the current approach?
Share the detailed soil test and geotechnical report explaining the cause of the cracks and the rationale for relying on cement patching rather than permanent structural solutions. Under the Uniform Building By-Laws 1984 (applicable in Sabah), such documentation is required for areas showing signs of instability.
Arrange a meeting at the earliest possible date among ourselves to discuss an amicable solution.
The collapse behind No. 5 (S3A) and the new cracks behind No. 9 and No. 11 indicate a broader instability issue, similar to the significant soil collapse of 8.34 meters behind lots SD1 and SD2 (Now renumbered). The reliance on temporary cement patching, without addressing the root cause, is inadequate and heightens risks to residents’ safety.
Please treat this matter with the urgency it demands. I expect a response within 7 working days, failing which I will post this email on my blog and share it with all concerned parties, including those involved in potential legal action. Attached are photos taken yesterday and today, clearly showing the new cementing and collapsed areas.
Thank you for your prompt attention to this critical issue. I look forward to your response and confirmation of a meeting date.
Yours sincerely,
Luqman Michel
Attachments: Photos of cementing and collapsed areas behind No. 5, No. 9, and No. 11
x.
From:luqmanm2002@yahoo.co.uk
To:Rosemary.Ahping@sabah.gov.my,Della.Sinidol@Sabah.gov.my
Cc:topwiracorporation@yahoo.com,beddu.ahmad@dbkk.sabah.gov.my,Julian.Joseph@dbkk.sabah.gov.my
Wed 30 Apr 2025
Greetings, Puan Rosemary Ahping and Della Sinidol,
I am collating documents for presenting to my lawyer by the end of May, 2025.
Yesterday, 29.4.2025, I received a reply to my email from "Jabatan Mineral dan Geologi" which is the Department of Mineral and Geology or Malaysian Department of Minerals and Geoscience (JMG).
I asked them if a soil test was conducted on the Vistana Heights housing project.
Without answering my question, I was asked to do the following:
Appoint a qualified geologist or geotechnical engineer to do the slope stability assessment on the said premise. The report will then be submitted to their office for technical advice.
Here is what is required as specified by the expert at JMG.
The most critical and urgent step is to determine the actual site and slope conditions through a professional slope stability assessment. This assessment should be carried out by a qualified geologist and/or geotechnical engineer. The typical process involves the following steps:
i) Engage Geological Consulting Firms to conduct a geological study and perform kinematic analysis if the slope is composed of rock.
ii) Engage Geotechnical Consulting Firms to carry out slope stability analysis (including determination of the Factor of Safety) if the slope is composed of soil.
iii) Conduct a Soil Investigation, which may involve drilling boreholes, performing Standard Penetration Tests (SPT), collecting soil samples, and conducting laboratory tests to determine the engineering properties of the soil.
The question is whether this soil test was done by the engineer of Vistana Heights as claimed at the LPPB meeting held on 16.11.2022.
I asked the following questions to the architect Andy Osman of LPPB before the meeting at LPPB on 16.11.2022 with the developer, engineers, architect and others. Answers were provided after the meeting. LINK
https://luqmanmusings.blogspot.com/2023/02/questions-and-answers-from-lppbs.html
Luqman: Why does the as-built plan differ from the original DP?
Andy: There was silence when I briefed them about the difference between the plans.
Explanation:
The as-built survey documents the physical state of a constructed project, as it was actually built, not just as originally planned. It provides an accurate representation of the built environment, eliminating the need for manual measurements and potentially time-consuming investigations. But as I have mentioned, the as-built survey was fabricated to obtain the occupancy certificate for Vistana Heights. It does not depict the onsite situation.
Would the occupancy certificate have been issued by DBKK if the as-built survey depicted what was on-site?
The as-built survey dated September 2018 is not consistent with the Amended Development Plan dated August 2018.
Datuk Hajiji had said in his Housing Development enactment that any adjustment to the original development plan as per the S&P agreement must be instructed by the authorities and agreed to in writing by the purchasers. Did DBKK (The authority) instruct the house platform not to be cut down by approximately 5 feet? Did DBKK instruct part of the playground to be annexed to house number 2? Did the developer obtain written permission from house buyers for the above and other alterations made?
Andy: Engineer claimed that the cracks on the retaining wall is surface, only on the feature wall (outer surface). I have requested the written report from Zaidun Leeng to DBKK.
Luqman: Why is there no retaining wall built behind the houses where there is virtually a straight drop of more than 20 feet, especially behind S3 to S10?
Andy: Slope protection from lot S3 to S10, both the engineer and developer claimed that the trees around the slope are enough to sustain and contain the soil from erosion. Based on their engagement of geotechnical consultant. I have insisted and requested a detailed soil test and a WRITTEN REPORT from them, they have claimed that it is in their files somewhere.
Note: Andy had insisted on the detailed soil test and WRITTEN REPORT from them. It is nowmore than two years since the meeting, and I have yet to see the report or soil test.
xi.
From:luqmanm2002@yahoo.co.uk
To:MALISSA BINTI SAMIN
Cc:LINA BINTI MOHD. AMIN
Fri 16 May 2025
Dear Sr.Lifred Wong,
I was looking forward to our scheduled meeting this week. Unfortunately, I’ll be away until the end of May and unavailable for meetings until June.
During our discussion on May 5, 2025, you mentioned that DBKK has no knowledge of a retaining wall planned for Vistana Heights. However, my son informed me that the developer stated a retaining wall will be constructed, which contradicts my understanding.
Could you please confirm whether a retaining wall was intended to be built?
Thank you and best regards,
Luqman Michel
xii.
From:luqmanm2002@yahoo.co.uk
To:malissa.samin@sabah.gov.my,lina.mohdamin@sabah.gov.my
Cc:julian.joseph@sabah.gov.my
Thu 29 May 2025
This is a second request on whether a retaining was to be constructed between Vistana Heights and the adjoining land.
Following is my email to you on 16.5.2025.
Dear Sr.Lifred Wong,
I was looking forward to our scheduled meeting this week. Unfortunately, I’ll be away until the end of May and unavailable for meetings until June.
During our discussion on May 5, 2025, you mentioned that DBKK has no knowledge of a retaining wall planned for Vistana Heights. However, my son informed me that the developer stated a retaining wall will be constructed, which contradicts my understanding.
Could you please confirm whether a retaining wall was intended to be built?
Thank you and best regards,
Luqman Michel
xiii.
From:luqmanm2002@yahoo.co.uk
To:MALISSA BINTI SAMIN
Cc:JULIAN JOSEPH,LINA BINTI MOHD. AMIN,SALVIA BINTI YUSOP
Mon 16 Jun 2025
Dear Mr. Lifred Wong,
I requested you several times about the retaining wall at Vistana Heights.
Item 3.2 said: Rekod kelulusan Pelan Tembok Penahan untuk pembangunan ini hendaklah
diperiksa bagi mengenalpasti jika ada cadangan penyediaan tembok penahan di bahagian
belakang Lot S9 untuk makluman dan rujukan dalam mesyurat akan datang.
It was for the action of the engineering department as well as the planning section.
This was not addressed by either one.
Please confirm if there was a retaining wall behind the whole of SD 1 to SD 18 (Now renumbered D17 toD18).
Please forward the minutes of the meeting on 11.6.2025 as soon as possible.
Thank you and kind regards,
Luqman Michel
xiv.
From:luqmanm2002@yahoo.co.uk
To:SITI FAIRUZ BINTI AG MOHD HUSSIN
Tue 17 Jun 2025
Good morning, Puan Siti Fairuz,
Thank you for your email dated June 16, 2025.
I obtained the as-built survey for Vistana Heights from DBKK on November 15, 2022, and received a duplicate from LAM on March 21, 2023. I presented this copy to Mr. Lifred Wong during the DBKK meeting on June 11, 2025, and Mr. Rayner from DBKK confirmed it matched his records.
The minutes from the May 5, 2025 meeting indicate a 2.76 ft difference between the platform height of Lot S9 and the interpolated road height from the 2018 development plan. When Mr. Lifred asked if I agreed with this figure, I stated the height difference exceeds 4 feet. At the June 11, 2025 meeting, Mr. Lifred referenced a height of 31.05m (101.87 ft), resulting in a 4.38 ft difference (106.25 – 101.87). I disputed the figure 31.05m as it does not appear on the as-built survey. I continue to question whether the as-built survey was altered to secure the Occupancy Certificate.
Additionally, I raised a concern noted as point 3.2 in the May 5, 2025 meeting minutes regarding the Retaining Wall Plan approval for this development. I requested a review to determine if a retaining wall was proposed at the back of Lot S9. The engineering department and planning division were tasked with this, but no updates have been provided. This question is important as the developer Ms Jessie Lee told my son that a retaining wall will be built.
Since 2022, I have repeatedly asked DBKK, and recently Mr. Lifred via emails on May 5, May 29, 2025, and again on 16.6.2025 whether a retaining wall was mandated. I am still awaiting a response.
Further questions I have raised with Mr. Lifred, which remain unanswered, are as follows:
i. The Development Plans (DPs) dated 1995, 2007 (approved in 2011), and 2018 indicate a 9-foot drainage reserve behind houses D18 (previously S1) to D17 (previously S18). However, this drainage reserve does not exist on-site.
ii. The As-Built Survey (ABS) also depicts this non-existent drainage reserve. An ABS should accurately reflect the actual site conditions.
iii. The ABS shows the boundary of the back wall of unit S8 as shorter than that of S9, with units S7 to S3 being even shorter than S8. This difference is not reflected in any of the DPs, including the latest DP dated 2018.
Best regards,
Luqman Michel
xvi
From:luqmanm2002@yahoo.co.uk
To:kalvin@dbkk.sabah.gov.my,tantinny.fung@dbkk.sabah.gov.my,jack@dbkk.sabah.gov.my,saiman.angak@dbkk.sabah.gov.my,alexcius.likid@dbkk.sabah.gov.my
Cc:manaf@dbkk.sabah.gov.my,zainuddin.abdgoyoh@dbkk.sabah.gov.my,esther.chongchiufung@dbkk.sabah.gov.my,salmah.batin@dbkk.sabah.gov.my,gloriediana.joseph@dbkk.sabah.gov.my,elezebeth.yadon@dbkk.sabah.gov.my,carey.paulin@dbkk.sabah.gov.my,salvia.yusop@dbkk.sabah.gov.my
Thu 10 Jul at 07:03
Dear Sirs,
I have asked several times regarding a retaining wall behind the houses at Vistana Heights.
I have never received a reply in writing.
My blog post, this morning is about the retaining wall and anyone of you is welcome to ask questions or provide me answers to my questions.
Time is running out for me to take legal action, so please reply immediately.
Yours sincerely,
Luqman Michel
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