Neighbour & Boundary Disputes
Your neighbour built without approval
When a neighbour builds an unapproved extension, complaining to the wrong forum wastes critical time. Understand how local authorities enforce building control breaches under s.72 of Act 133, why the Homebuyer Tribunal has zero jurisdiction, and how to file an actionable complaint.
Quick summary
Quick answer
Best for
Risk level
Buyer action
| Best for | Owners of landed property with a boundary or neighbour problem |
|---|---|
| Risk level | High |
| Buyer action | Send Lewis the property, photographs of the problem with their dates, and what you have already put in writing, and he will tell you what to do next. |
Whose land is that, actually
This post works through complaining to the right body, and what you can realistically expect it to do The strongest position in a boundary dispute belongs to whoever raised it first, in writing, with a date. The weakest belongs to whoever tolerated it for years and then objected.
The right statutory forum: why the local authority holds enforcement authority
When a neighbour starts knocking down external walls, pouring concrete footings, or building brick extensions without council permits, homeowners frequently panic and direct complaints to inappropriate agencies. The police treat property renovations as a civil or administrative matter unless there is an imminent threat of violence, criminal trespass, or breach of the peace. The sole statutory regulatory body empowered to police physical construction and unapproved building works in Peninsular Malaysia is the local authority (Dewan Bandaraya, Majlis Bandaraya, or Majlis Perbandaran) having jurisdiction over the area, acting pursuant to powers granted under the Street, Drainage and Building Act 1974 (Act 133).
Why the Tribunal for Homebuyer Claims has zero jurisdiction over neighbour disputes
A pervasive misconception among Malaysian property owners is that the Tribunal for Homebuyer Claims (Tribunal Tuntutan Pembeli Rumah) functions as a general neighbourhood small-claims court. This belief is flatly incorrect. The Tribunal for Homebuyer Claims is an administrative tribunal established strictly under the Housing Development (Control and Licensing) Act 1966 to adjudicate statutory disputes between purchasers and licensed housing developers arising out of standard Sale and Purchase Agreements (Schedule G and Schedule H). It possesses zero legal jurisdiction to entertain neighbour boundary disputes, unauthorised house extensions, contractor defaults, or private nuisance claims. Filing a neighbour complaint there results in immediate dismissal for lack of jurisdiction.
The local authority's enforcement arsenal: statutory notices under s.72(1)
Under section 72(1) of Act 133, the local authority possesses potent statutory powers to stop illegal building works. Where a building is being erected or has been erected in contravention of section 70—meaning without prior written permission or departing from approved plans—the local authority may serve a statutory notice on the owner. The notice may legally require the owner to: (a) abstain from commencing or proceeding with the erection; (b) demolish the unauthorized building within a specified time; and (c) execute such alterations and remedial steps as the local authority orders. Serving a section 72(1) notice places the defaulting owner on formal statutory notice of building violation.
Council direct demolition powers under s.72(5) and mandatory court orders under s.70(11) and s.70(15)
If an arrogant neighbour simply ignores a section 72(1) notice and continues construction, the local authority is not toothless. Under section 72(5) of Act 133, if the owner fails to comply with the requisitions of the notice, the local authority may carry out the demolition or works itself and recover all expenses incurred from the owner. Furthermore, the local council can prosecute the defaulting owner in the Magistrate's Court. Under s.70(11), unauthorized alterations carry a fine on conviction not exceeding RM25,000 (confirm the current amount with your local authority), and the court shall issue a mandatory order to alter or demolish. Under s.70(13) and s.70(15), erecting without permission carries a fine up to RM50,000 (confirm with your local authority), and the magistrate is statutorily mandated to order demolition.
How to assemble a complaint that building inspectors actually act on
Municipal building control departments receive hundreds of informal complaints monthly and inevitably prioritize their inspection resources. Vague telephone calls or emotional complaints stating that 'my neighbour is noisy and renovating too much' are routinely filed away without action. To compel council officers to open a formal investigation file, you must present an actionable, objective case. Submit a formal written complaint letter delivered by registered mail or through the council's formal online complaint portal (such as e-Aduan). Attach dated, high-resolution photographs illustrating ongoing construction, visible boundary stones or party wall interfaces, absence of municipal permit display boards, and specific building contraventions such as encroaching into state-adopted setback zones or blocking drainage.
Check this against your own case
Start from the title and the approved plans, not from the argument. A land search shows the boundary as registered; the local authority holds the approved building plan. Most neighbour disputes on landed property are settled by those two documents, and the ones that are not need a lawyer rather than a louder conversation.
Buyer checklist
If your landed neighbour is carrying out an unapproved extension—such as building directly against your party wall, encroaching into the rear setback, or constructing an upper floor without permits—the legally correct forum is the building control department (Jabatan Kawalan Bangunan) of your local authority. Do not file a claim with the Tribunal for Homebuyer Claims; the tribunal has statutory jurisdiction exclusively over homebuyer claims against licensed housing developers and cannot hear neighbour disputes. Under section 72(1) of the Street, Drainage and Building Act 1974 (Act 133), where a building is erected or about to be erected in contravention of section 70, the local authority may serve a statutory notice requiring the owner to stop work immediately, demolish the structure within a specified time, and take ordered remedial steps. If the owner refuses to comply, the council has statutory power under s.72(5) to enter the land, execute the demolition works itself, and recover all expenses from the defaulting owner. To trigger actual council enforcement, avoid vague verbal complaints; submit a formal, dated, written letter supported by photographic evidence documenting ongoing construction, boundary markings, and specific planning breaches.
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| 1 | Lodge a formal written complaint directly with your local authority building control department under Act 133. |
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| 2 | Take clear, time-stamped photographs documenting unauthorized construction works and boundary stone positions. |
| 3 | Verify that your complaint highlights specific violations of state-adopted building by-laws and lack of permits. |
| 4 | Never waste time filing neighbour disputes at the Tribunal for Homebuyer Claims, which lacks jurisdiction. |
| 5 | Request the local council to exercise its statutory notice and stop-work powers under s.72(1) of Act 133. |
Common questions
Which government department handles complaints about a neighbour building an unapproved extension in Malaysia?
Complaints must be lodged with the building control department (Jabatan Kawalan Bangunan) of your municipal council (Dewan Bandaraya, Majlis Bandaraya, or Majlis Perbandaran). They enforce building approvals under Act 133.
Can I file a claim against my neighbour at the Tribunal for Homebuyer Claims for illegal house extension?
No. The Tribunal for Homebuyer Claims hears disputes between buyers and licensed housing developers only. It has zero statutory jurisdiction over neighbour disputes, which belong to the local authority or civil courts.
What statutory notice can the local council serve on a neighbour building without approved plans?
Under s.72(1) of Act 133, the local authority can serve a notice requiring the owner to stop building immediately, demolish the structure within a specified time, and carry out ordered remedial works.
Can the local council demolish an unapproved structure itself if the neighbour refuses to take it down?
Yes. Under section 72(5) of Act 133, if the owner fails to comply with a section 72(1) notice, the local authority may execute the demolition works itself and legally recover the full costs from the defaulting owner.
Lewis Chong
REN 69566 · IQI GlobalProperty advisor helping KL, JB, and Penang buyers make data-backed property decisions.
Related reading
Use one buyer framework across different news.
Extending a landed house: the approval most owners skip
Extending a landed house without local authority approval violates s.70(1) of Act 133. An unapproved extension does not stay secret—it surfaces at the next bank valuation, mortgage inspection, and sale transaction, exposing the owner to statutory demolition orders.
Lewis Conclusion
Never treat municipal building approval as an optional formality you can skip to save time. Apply for proper building permits under s.70(1) and s.70(2) using a qualified submitting architect or engineer before carrying out extensions. Under s.70(11) of Act 133, unauthorised alterations carry a fine on conviction not exceeding RM25,000 (confirm the current amount with your local authority), and a Magistrate's Court shall issue a mandatory order to alter or demolish the building. Submitting plans upfront costs a fraction of the five-to-twenty times penalty fee under s.70(14) and protects your asset's marketability.
The wall between two terrace houses: who owns it, who may build on it
The dividing wall between terrace houses is governed by both registered cadastral boundaries and common-law rights of support. Neither neighbour may unilaterally hack, overload, or alter a party wall without qualified submissions under Act 133.
Lewis Conclusion
Never allow a neighbour or their contractor to hack into your shared dividing wall without inspecting an approved structural plan signed by a registered professional engineer. Conduct a land search to verify your exact cadastral boundary against the physical wall line. If a neighbour begins unauthorized demolition or structural loading of the party wall, lodge an urgent complaint with your local council's building control department citing s.70 of Act 133, and engage a litigation lawyer to serve a formal cease-and-desist letter before structural cracking occurs.
Rear extensions on a terrace house
Extending the rear of a terrace house is subject to state-adopted setback minimums and statutory drainage rules under Act 133. Building up to the back drain without approval risks municipal demolition under s.72 and severe civil liability for surface water flooding.
Lewis Conclusion
Never build a rear extension to your back boundary without an approved building plan that satisfies your state's adopted by-laws. Verify your council's required rear setback before signing a renovation contract, and ensure roof rainwater is channeled strictly into public storm drains through internal downpipes. If you build illegally, you risk municipal demolition notices under s.72 of Act 133, fines up to RM25,000 under s.70(11) (confirm the current amount with your local authority), and substantial civil lawsuits from the neighbour behind if run-off floods their property.
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Lodge a formal written complaint directly with your local authority building control department under Act 133.
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Take clear, time-stamped photographs documenting unauthorized construction works and boundary stone positions.
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Verify that your complaint highlights specific violations of state-adopted building by-laws and lack of permits.
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Never waste time filing neighbour disputes at the Tribunal for Homebuyer Claims, which lacks jurisdiction.