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BS Rangi (President)     22 July 2022

Sharing cost of common wall even if not used by owner who later built house

A person makes a three storey house in plotted colony in the year  2006-7. Obviously he has to build all four walls. He also used 9 inches area of his neighbours plot,call it person B.  B makes house in 2021 and  does not use the common wall for any load bearing activity ,but leaves entire area along the common wal as open car park. So he has practically not used any part of the wall built by A. He may have white washed it and spent money on it. Is A authorised to claim 50 % of the wall expenses in such case from B?. B says he would have built wall only upto 6 feet as his boundary wall. Should A claim cost of his three storey building which stands on this wall, should he claim cost of 6 feet wall only. A has raised bill for entire three storey wall. What could be the legal side of it. Is any ruling in such cases ,if so under what Act or Rule ?  



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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 July 2022

Hello,

As per me, construction of 3 storey wall is not permissible so he cannot claim 50% of the construction expenses of the wall. I suggest you amicably settle the issue with your neighbour.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2022

construction permission is needed from local municipal authorities/town planning authorities. 

Under the building bye-laws in India, directions are laid down with respect to the following aspects of construction:

  • Area and usage.
  • Building height.
  • Building coverage.
  • Floor space index.
  • Density.
  • Setbacks and projections.
  • Parking facilities.
  • Fire provisions with respect to staircase and exits.

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