Alterations to my flat - procedure for regularisation
Shailaja
(Querist) 20 January 2012
This query is : Resolved
1. As per Maharashtra Regional & Town Planning Act 1966 (MR&TP) and BMC Act 1988, what can be stated as minor alterations to a flat / apartment and procedure to be followed before undertaking such alterations?
2. I had made some alterations to my flat (without touching the beam and pillars) in 2010 after taking permission from the society as well as applying to the BMC. There are no leakages in the flat below. Now the society is claiming that I had made illegal alterations to my flat and the alterations were not as mentioned in the permission letter and have affected the building structure. What is the procedure to regularize these alterations? Whether the same would be done by BMC or by some other agency and what would be the cost involved for the same?
ajay sethi
(Expert) 20 January 2012
when you wanted to carry out repairs to your flat you must have made application to society specified nature of workj to be carried out .
the society must have granted permission . whether it was per scope of repairs as mentioned by you .
if you have not done structural alterations and you have obatined permission from BMC you have nothing to fear .
what were alterations carried out by you ? you have not mentioned them in your query .
what is basis of society complaint that work carried out by you has weakened building ?
prabhakar singh
(Expert) 21 January 2012
Ask aBoUt yOuR pRoBlEm n NOT ABOUT THE ACT?
M V Gupta
(Expert) 21 January 2012
What is the basis of the Society's allegation that the alterations have affected the building's structure? Have they got any certificate from a structural engineer that the building is affected by the alterations done in your flat and not any other reasons? In the absence of such an expert opinion the Society's complaint has no merit. If really you have made any structural alterations without permission of the BMC or which are not covered by the permissions given to you, the same will have to removed at your cost. No way of regularizing them, unless the alterations are of a minor nature and are compoundable under the BMC Act.Consult your Architect and take necessary action.
Raj Kumar Makkad
(Expert) 21 January 2012
It is advised to first submit your reply to the relevant questions raised by Gupta and then to post your query again in the same thread.
Shailaja
(Querist) 27 January 2012
its been 2 years since we purchased this flat after obtaining NOC from society and completing all the formalities. The society refuses to transfer the flat in our name while demanding Rs.1.50 lacs for the same. we have applied for transfer of flat to the Dy. Registrar.
while purchasing the flat, we had taken permission from the society after explaining to them in detail the following :-
1. Creation of french window in the hall
2. Renovation of bathroom and toilet
3. Renovation of bedroom
We have done the following works :-
1. Joined the bathroom & toilet without disturbing the plumbings and drainage pipelines and converted the toilet area into utility space.
2. Removed the wall between the hall and bedroom to make way for a wooden wardrobe.
3. Creation of french window in the hall
we had also applied to the BMC before starting the work for permission to undertake the above works but no response was received from BMC.
while doing the above, all out care was ensured not to touch the beams and pillars as well as change the plumbings and drainage. as on date there has been no leakages or any trouble to the flat below us.
now the society to extort money from us are harassing filing false complaints of leakages with BMC.
Please help..
ajay sethi
(Expert) 27 January 2012
i had already advised you telephonically to obtain structural engineer certificate .
has any members complained about leakages from your flat?
please note that you cant remove load bearing walls . if you have removed wall between hall and bedroom is it a load bearing wall
Shailaja
(Querist) 06 February 2012
the member staying below us, who is also a committee member, has complained of leakages, but on checking, no leakages were found in her flat. she had given a false complaint just to harass us.
no, the bedroom wall is not a load bearing one. in fact we stay on the top floor, with just the society terrace above us.
ajay sethi
(Expert) 06 February 2012
since complaints have found to be false and you have not removed laod bearing walls you dont have any reason to fear .
