construction on terrace
Querist :
Anonymous
(Querist) 11 January 2011
This query is : Resolved
Sir,
If a builder has got permission to add floors to an existing building, then can he legally do that and start construction
on existing building in a housing society where residents have already started living for more than a year? Even if he has legal rights, is there a way that the existing society can prevent this because it will lead to a lot of nuisance for the existing residents? Moreover, in the new floors which come up, what will happen to the terrace rights , will the terrace(newly formed) be accessible to the existing society members, or that also can be usurped by the builder ?
Can some learned friend answer this question and let us know the relevant legal provisions that a society can invoke?
Advocate. Arunagiri
(Expert) 11 January 2011
If the builder is having his own UDS, and the the building is incomplete, he can continue the construction at any time.
Otherwise if all the owners of the apartments join together and agree to add floors, they can do it.
But, the revised building plan needs the approval of the authority.
