Community › Forums › Legal Advice India › Neighbour construction may harm the foundation of our house
- This topic has 11 replies, 8 voices, and was last updated 1 year, 3 months ago by
Sohanninja147.
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SShashankshark941
PARTICIPANT
March 8, 2025 at 5:39 amThe next door neighbour (with whom we share a boundary wall) has started process of demolition and new 4 storey construction. Very apprehensive of how it may impact our house’s structural stability and damage this may cause. What can be done to ensure the builder takes ample precautions and is made liable to indemnify in case of any damage? -
CCleversajal8453
PARTICIPANT
March 8, 2025 at 5:42 amContact them informally, and if you don’t get a satisfactory answer then proceed legally.-
SShashankshark941
OP
March 8, 2025 at 5:54 amWhat options do I have legally?-
CCleversajal8453
PARTICIPANT
March 8, 2025 at 6:32 amStart by sending a legal notice, and do take the opinion of a civil engineer to back you up.
You can file a suit for an injunction against the builder on the ground that the demolition is harming your property, press for a stay so that all work can be stalled.
In the end, for any actual damage you can seek compensation and costs of the repairs.-
SSohanninja147
PARTICIPANT
March 8, 2025 at 7:44 amThis is a case for the municipal corporation to address, on an emergency basis.
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EExpertsarang2012
PARTICIPANT
March 8, 2025 at 5:51 amCheck the sanctioned plans for both houses. If it’s a common wall between your houses then it means either one of you didn’t construct their own independent wall to save space. That person is at fault and needs to take care of this situation.If both of your houses had separate walls which are adjacent to each other then there’s no risk to either one by demolishing the other one.
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SShashankshark941
OP
March 8, 2025 at 5:53 amWe’ve always had a common wall with that house. Even when we constructed our house, we got a common wall with them-
EExpertsarang2012
PARTICIPANT
March 8, 2025 at 5:59 amI’m trying to explain to you that nobody is supposed to have a common wall as per construction plans. Suppose you own 50×50 feet land, then you are supposed to construct a building within that 50×50 feet area with its own independent walls which doesn’t bear any load on any adjacent structures!
Hence, one of you is in the wrong.
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BBraveseeker242
PARTICIPANT
March 8, 2025 at 6:34 amwhenever neighbor builds house, we always get anxiety πHappened with us too
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QQuickvinay1270
PARTICIPANT
March 8, 2025 at 9:40 amTwo questions. Does he have a valid plan approval? Does your house have one and is constructed as per the plan?In most urban areas, a minimum of 3 feet setback is required. So there will be a minimum of 6 feet between both the buildings. I am not a civil engineer but that distance should definitely help in providing stability.
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UUser_87f76ff2
PARTICIPANT
March 8, 2025 at 11:30 amItβs a very common thing in tier 1 cities and BIMARU states to have common walls. -
UUser_1267e6eb
PARTICIPANT
March 8, 2025 at 5:06 pmSetback bylaws are there in India but its varies by area and are regulated by municipal bodies and state authorities. Additionally, laws may apply based on the property’s location.
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