Neighbour construction may harm the foundation of our house

Community Forums Legal Advice India Neighbour construction may harm the foundation of our house

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    • #39805 Reply
      Shashankshark941
      Participant
        S
        Shashankshark941
        PARTICIPANT
        March 8, 2025 at 5:39 am
        The 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?

      • #39811 Reply
        Cleversajal8453
        Participant
          C
          Cleversajal8453
          PARTICIPANT
          March 8, 2025 at 5:42 am
          Contact them informally, and if you don’t get a satisfactory answer then proceed legally.

          • #39813 Reply
            Shashankshark941
            Participant
              S
              Shashankshark941
              OP
              March 8, 2025 at 5:54 am
              What options do I have legally?

              • #39815 Reply
                Cleversajal8453
                Participant
                  C
                  Cleversajal8453
                  PARTICIPANT
                  March 8, 2025 at 6:32 am
                  Start 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.

                  • #39816 Reply
                    Sohanninja147
                    Participant
                      S
                      Sohanninja147
                      PARTICIPANT
                      March 8, 2025 at 7:44 am
                      This is a case for the municipal corporation to address, on an emergency basis.

              • #39810 Reply
                Expertsarang2012
                Participant
                  E
                  Expertsarang2012
                  PARTICIPANT
                  March 8, 2025 at 5:51 am
                  Check 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.

                  • #39812 Reply
                    Shashankshark941
                    Participant
                      S
                      Shashankshark941
                      OP
                      March 8, 2025 at 5:53 am
                      We’ve always had a common wall with that house. Even when we constructed our house, we got a common wall with them

                      • #39814 Reply
                        Expertsarang2012
                        Participant
                          E
                          Expertsarang2012
                          PARTICIPANT
                          March 8, 2025 at 5:59 am
                          I’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.

                    • #39809 Reply
                      Braveseeker242
                      Participant
                        B
                        Braveseeker242
                        PARTICIPANT
                        March 8, 2025 at 6:34 am
                        whenever neighbor builds house, we always get anxiety πŸ˜‚

                        Happened with us too

                      • #39808 Reply
                        Quickvinay1270
                        Participant
                          Q
                          Quickvinay1270
                          PARTICIPANT
                          March 8, 2025 at 9:40 am
                          Two 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.

                        • #39807 Reply
                          User_87f76ff2
                          Participant
                            U
                            User_87f76ff2
                            PARTICIPANT
                            March 8, 2025 at 11:30 am
                            It’s a very common thing in tier 1 cities and BIMARU states to have common walls.

                          • #39806 Reply
                            User_1267e6eb
                            Participant
                              U
                              User_1267e6eb
                              PARTICIPANT
                              March 8, 2025 at 5:06 pm
                              Setback 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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