PRESIDENT UNIVERSITY

LODD
Assignment 5

Muhammad Abel Pratama

Corporate Law - 017201900036

LEGAL OPINION
Concerning: Mr. Day Property Damage

Issue/Facts

➔ Mr. Day already bought the land and obtained the building Permit in 2012
➔ Mr. Lucky bought land next to Mr. Day's house in February 2021
➔ Mr. Lucky start his construction to build a house on his newly bought land without
informing Mr. Day as his neighbor in March 2021
➔ Because of the construction, Mr. Day's house started to crack in some parts. While in
August Mr. Day cannot close his bedroom, some floors are cracking, the house wall
looks cracked, and some side of the house are tilted.

Regulations

Based on the issue, Mr. Lucky actions violated the Article 1365 of the Civil Code

Analysis

Before building a house, people who plan to do that must have a building permit. Building
Construction Permit is a permit granted by the local government to an applicant to build a
new building, rehabilitate/renovate, and/or restore in order to preserve the building in
accordance with the applicable administrative and technical requirements. However, not all
types of renovations must have a Building Permit.

Actually, there is no specific law regarding disputes between neighbors and there is no
obligation for people who want to build their homes to ask their neighbors for permission.
However, in practice asking for permission from neighbors is done because it has become a
habit and etiquette. So, as long as the person who built the house already has an Building
Permitand carries out renovation activities in accordance with what is stated in the Building
Permit, legally the construction does not violate the law.

Because of the losses obtained by Mr. Day is the damage that occurs to his house based on
the Facts, Mr. Day can sue Mr. Lucky in court on the grounds that Mr. Lucky have committed
an unlawful act or Perbuatan Melawan Hukum which is regulated in Article 1365 of the Civil
Code which reads "everyone who commits an unlawful act is obliged to compensate for the
losses arising from his mistake". But it is more advisable that you conduct deliberation first to
reach a consensus from both parties.

Conclusion

Before building a house, people who plan to do that must have a building permit and there is
no obligation for people who want to build their homes to ask their neighbors for permission.
Based on the Facts, Mr. Lucky construction had an impact on Mr. day' house hat caused crack
in some parts, some floors are cracking, the house wall looks cracked, and some side of the
house are tilted. Because of the losses, Mr. Day can sue Mr. Lucky in court on the grounds
that Mr. Lucky have committed an unlawful act or Perbuatan Melawan Hukum which is
regulated in Article 1365 of the Civil Code which reads "everyone who commits an unlawful
act is obliged to compensate for the losses arising from his mistake". In the other hand, we as
your attorney more advisable that you conduct deliberation first to reach a consensus from
both parties.