Construction of 3rd floor in delhi

Guest
(Querist) 04 February 2014
This query is : Resolved
Dear Sir,
I have second floor in tilak nagar,new delhi with roof rights and the house was constructed 11 years back without parking since at that time,no such law was prevalent that parking is mandatory for building plan sanction.
Now,I want to construct 3rd floor but owner of ground and first floor are saying that they will complain to mcd that building will fell down and will not allow construction because of jealousy.
Pl. suggest what can I do in this case as I have checked with builder who constructed this building and he is saying there is no need to worry as foundation is very strong supported by many pillars till second floor,also I have heard that as per rules,it is not mandatory for me to take NOC of other owners.
Last point,since majority of buildings in delhi are old and does not have building plan sanctioned,how can we go ahead as I have heard MCD is sanctioning only those plans which are having parking then what about our case where building was constructed before enactment of this law,is there any exception given by govt.
Rajendra K Goyal
(Expert) 05 February 2014
Contact a local architect. Get the plan approved first and only than proceed.

Guest
(Querist) 05 February 2014
Dear Mr.Goyal,
My builder is saying that mcd is not passing building plan for single floor and only those plans are approved where parking is also constructed
ajay sethi
(Expert) 05 February 2014
your building plans for construction of additional floor wont be sanctioned in such a case as you dont have parking space . consult a local architect firm

Guest
(Querist) 05 February 2014
Dear Mr.Sethi,
Ad I have mentioned above, majority of houses in delhi were constructed before the new law so how can they construct 3rd floor.
ajay sethi
(Expert) 05 February 2014
only local architect can guide you . he must be knowing the loopholes in law . you can seek your builder help as he must be having contact in municipal corporation office .
Rajendra K Goyal
(Expert) 05 February 2014
Author,
Sir , no body can advise you which may turn out against law or rules.
Your local architect firm may advise you about some loopholes. or take help of some one having who can get the building plan sanctioned.

Guest
(Querist) 05 February 2014
Thanks Mr.Goel & Mr.Sethi
ajay sethi
(Expert) 05 February 2014
thanks for your appreciation
T. Kalaiselvan, Advocate
(Expert) 06 February 2014
Yes, as advised by experts you may contact a local architect to solve this issue. I think if the rules do not permit, you may have to look for the loopholes in it to get the desired job done, which will be guided by the local architect based on the local circumstances.