- This topic has 8 replies, 5 voices, and was last updated 1 year, 3 months ago by
.
-
Posts
-
-
MI recently brought a 7 year old 11th floor 2BHK apartment with private terrace of 650sq ft in Navi Mumbai. The title in-terms of terrace being private space is clear in agreement.
Since it is a big terrace, I wanted to add an extra bedroom in terrace and use the remaining space as terrace. In my first meeting after purchase I was told by society that I cannot make any construction in my terrace except adding a roof over it.
The arguments by society were that I making a room in my terrace can weaken the structure of building. To be honest the building is 13th floors and my apartment is the final floor on one half of the building while the other half is 11th floor.
The conveyance deed of my apartment is yet to be applied.I would like to know how to go ahead legally wrt to construction permissions?
Here are my few observations
1) everyone in the building has done some modifications or the other, including taking part of corridor inside their room and also using in fire exit terrace by adding sofa for personal use.
2) there is already a flat on 13th floor which has covered their terrace and in fact added a room and terrace above it.
3) the society is newly formed. -
AThere are three issues here. Your right as an owner. Society Rules and Municipal Rules.
You are wanting to make structural changes to the building. This may require to get a load bearing assessment report from a structural engineer and approval from municipality.
Then there is question of FSI. Check on this aspect else your structure will be illegal and can be torn down.
Finally without conveyance deed, you are on weak grounds as builder may object.
If you wish to go ahead, ensure compliance with the law else you can get into trouble.
-
MThe builder sold me on the pretext that I can construct rooms as I want.
But he told me that conveyance deed is in process and society has control over the property rules. But I discovered today that conveyance deed for my flat was not done. I also have NOC from builder which states that I can increase FSI.
-
ABro, NOC from builder to increase FSI has no legal recognition. It’s like builder saying that you can construct a helicopter landing pad on the terrace.
If it was legal to construct additional rooms, builder would have done it himself and pocketed the money.
Unfortunately you belived all that you have been told without considering legal aspects.
Please consult a professional but I think there is little he can help you with.
-
-
-
-
BBefore society you need municipality permission which they are not going to give. Municipalities are extremely strict about what can be built and not built after a construction is complete. Especially years later. Like in delhi a kothi can only go up to four floors building treating the terrace as a fifth floor and building would get it demolished without permission
-
-
-
-
