Concerns Over Non-Compliant Retaining Wall Certification at Vistana Heights

 

Since 2022, I have sent multiple emails to the Sabah Housing and Town Development Board (LPPB) and Kota Kinabalu City Hall (DBKK) inquiring whether a retaining wall was mandated for the Vistana Heights development. No responses were received.

A soil investigation was conducted by Applied Geotechnics (Sabah) Sdn. Bhd. prior to November 1997. On 14 November 1997, an amendment order (MPKK No. S/1045 (7)) was issued to the developer, stipulating that a retaining wall must be provided along boundaries of varying levels between the development site and adjacent land, with a minimum 6-foot setback from the land title boundary. This requirement was incorporated into the 1998 development plan, signed by the developer, architect, planning department engineer, DBKK Director Stanley Chong, and approved by Mayor Datuk Yeo Boon Hai.

In 2014 the developer informed Faisal that a retaining wall would be constructed.

However, on 5 May 2025, the DBKK Director General stated that no retaining wall was mandated in the development plan. Notably, no retaining wall was constructed behind a cliff exceeding 20 feet in height.

To obtain the occupancy certificate, a Form A/RS titled "Perakuan Kerja Siap – Tembok Penahan & Perlindungan Cerun" (Certificate of Completion for Retaining Wall & Slope Protection) was submitted to DBKK. The form included the following declaration:

"I hereby confirm that supervision was carried out on the construction and completion of the retaining wall/slope protection, and to the best of my knowledge, the works were executed in accordance with the specifications and plans approved by the Kota Kinabalu City Council. I acknowledge full responsibility for all aspects related to me, including design drawings, soil investigation, and work implementation."

This form was signed and certified by the civil engineer (Jurutera Awam) of the project.

Subsequently, the "Sijil Perakuan Kerja Siap untuk Tembok Penahan & Perlindungan Cerun" (Certificate of Completion for Retaining Wall & Slope Protection) was issued and signed by an engineer and a director from DBKK’s engineering department.