Iligal construction on terrace

Sweta Prajapati (Querist) 31 January 2021 This query is : Resolved
Sir ,
Top floor with roof rights in plot no 206 Niti Khand 1 in multiowner building is constructing extra two rooms and bathroom on the terrace using stone terrace and bricks wlthout any permission. It is A three storey building measuring 350 mt on the main road in Indrapuram with basement parking , ghaziabad.
Also they are building their own gate to maintain their privacy.
What are the rights of the other flat owners :
1. How and whom to approach to stop illegal construction. ?
2. What is actually allowed and not allowed in this type of situations.?
3. What is called ' temporary structure " if at all can be constructed legally.?
Also if you can share any number where I can get clarity
Pl help us in sorting this issue.

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Quick Summary

This discussion addresses illegal construction on a building's terrace without permission, specifically concerning a top-floor owner adding rooms and a bathroom. It clarifies that if roof rights were sold, no further construction is permitted. The advice suggests approaching municipal authorities or seeking legal action, such as an injunction suit, to halt illegal building. It also defines temporary structures as easily dismantled and not structurally integrated, contrasting them with permanent fixtures.

Guest (Expert) 31 January 2021
Show all the documents and approved plans to an Local advocate and discuss in detail and then legally proceed.

Advocate Bhartesh goyal (Expert) 31 January 2021
If seller/builder has sold you top floor with roof rights then he can not make legally any constructions on roof/terrace.show all relevant documents to local lawyer and file injunction suit ( Mandatory and Prohibitory ) before civil court and get him restrained.

K Rajasekharan (Expert) 31 January 2021
If the construction is illegal the authority you have to approach with a complaint is the officer issuing the building permission or license. In Kerala it is the Municipal Secretary. The officer can do whatever including demolition of the structure to set right the illegal construction.

Construction of any additional part of a building which is not there in the original plan can be done only after the municipal engineer examines the structural stability and the municipal authority issuing a building permission.

Let me try to answer what a temporary structure as well. A permanent structure is one that is firmly fastened to the existing structure and the temporary one is that is not fastened to the existing construction but only attached to it like a plug and socket or something similar to that. One that can be easily dismantled or constructed without any alteration of structural change in the existing building is a temporary one. The notable difference is that a ceiling fan is a permanent structure and part of the building but a table fan is a removable, movable property.

Whether a construction is legal or illegal is determined by the provisions of the building rules prevalent in your place.

It is the building rules that prescribe whom you have to approach if you are aggrieved by any violation in a building construction. In Kerala it is the local body tribunal that deals with such complaints but not the civil courts.

In Kerala the civil courts are barred from issuing injunctions in regard to building rule violation. So kindly check this aspect also.

Dr J C Vashista (Expert) 01 February 2021
Repeated story .
Read opinion and advise of experts and proceed.

P. Venu (Expert) 01 February 2021
Though apparently a real-time issue, the suggestion sought are rather hypothetical/theoretical. Perhaps, the queries could be re-framed as to how the other owners consider the new construction to be injurious to their life and property.

Rajendra K Goyal (Expert) 02 February 2021
You said:
1. How and whom to approach to stop illegal construction. ?
Reply:
Approach Municipal Authorities against illegal construction. If the construction is going, approach court for a stay.

You said:
2. What is actually allowed and not allowed in this type of situations.?
Reply:
Any construction apart from the approved plan is illegal.

Rajendra K Goyal (Expert) 02 February 2021
You said:
3. What is called ' temporary structure " if at all can be constructed legally.?
Reply:
Refer Municipal / development authority guidelines.

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