Madhan 24 May 2024

Installing safety grill gates in the villa

Hi All, I've purchased a villa from a builder where we have 80+ units exist. Before the handover I have already seen EB theft at my unit and builder was unable to locate who it was as no CCTV existed at that time. There have been stray dogs wandering inside the unit which I myself witnessed during the time of house warming. I have reported both incidents to builder support team and they provided no appropriate response to it but they facilitated the EB wire replacement. Considering the overall nature of these incidents and to be more safe, I've planned to install a grill gate at the main entrance which is well within my unit vicinity and not touching the drive way or nor neighbor's building. I have carefully planned to place it within my own villa unit. The builder and some of the owners are blocking in the name of elevation change. Some even claim that it would significantly degrade their villa value which I find it baseless. I have no intention to encroach common area, this is full and full within my villa area and not even touching drive way. Furthermore, I am not making any structural changes. No demolishing and no drilling on neighbor wall. We are also evaluating options to facilitate the gate opening inside rather than outside to avoid potential blocking. In every possible ways, I am making sure it causes no problems to anyone including my neighbors. Now the question is, is installing safety grill gate at the main entrance near car park but within my unit, not even common area, is this considered to be elevation change? Also would this elevation change be able to take precedence over safety of human lives because installing the gate is primarily for safety purpose and not beautifying or luxury? I have attached the file shows the conditions laid out in the sale/construction agreement and I do not see any mention of safety grill gates not be installed or considered to be affecting elevation or structural changes so please help me to understand if installing safety grill gate at the main entrance would be of any violation as per the government law considering this is just for safety?

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T. Kalaiselvan, Advocate (Advocate) 24 May 2024

Is your assocaition a registered body, if so, you may submit an application to install a grill gate in your house for your safety purpose and can assure that it will not in any way obstruct anyone neither it will damage the structure nor there will be any structural change by installing the grill gate.

If the assocation is not giving permission, you can proceed legally against the association and obtain permission by filing an injunction suit through civil court against the assocation for the justified reasons you rely upon.

If it is not a registered assocation, then you can issue a legal notice to them to not to interfere in your personal affairs.

The builder cannot object if there is no clause restricting you from installing the proposed grill gate, you better go ahead with the installation, and challenge them legally if they create any problem

Madhan 25 May 2024

Thanks for your response sir. The villas are just handed over and currently it is under builder's free maintenance period. We have no permanent association formed. We have some members volunteered to be temporary association. They are trying to expedite forming a permanent association and will register the association once it is formed. This might take few weeks or more. Other hand, the villas are maintainted by builder for initial 6 months hence builder is the in-charge now and they are trying to use the name "elevation change" and blocking our works. Their staff came up to my house and stopped my workers.

When I questioned the staff also known as "Facility Manager", he said, it is part of elevation change and not allowed. I am still trying to talk to their top management but have not got any response from them yet. I would like to understand if safety grill gate installation is an elevation change?

I have attached the sale/construction agreement, please refer to point 10 (D), could you please review it and provide guidance? If possible, please review the two page clauses attached herewith and provide further guidance.

Please see attached clauses. PDF attached.

Attached File : 1047571 20240525062902 condition.pdf downloaded: 4 times

T. Kalaiselvan, Advocate (Advocate) 25 May 2024

To reveiw the conditions of the agreement you may have to either post the relevant portion of the clause you refer here or you may have to consult a local advocate and engage his services for all such issues including the scrutinisation of the documents on the terms of the chosen advocate.

Here we can give opinion on the matter what is before us and we cannot go through the contents of attachments attached here.

Madhan 25 May 2024

Sure sir, below is the clause I was referring to,

The Allottee(s) covenants not to make any alteration in the structure/design/colour of the villa, which may affect directly or indirectly, the structural safety & stability and the aesthetic elevation of the building complex.