• Encroachment of duct space

In my building from 3rd floor 2bhk and I stay at 1st floor 1bhk in my flat there is a some duct space for bathroom so at a time of renovation I renovate this for my bedroom. Now society members and committee give notice to demolish this. Pls help me for this. What is rule and what is panlty for this. This is in thane city.
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

You couldn't have encroached into this duct space, since this did not form a part of your flat, i.e., fell within the carpet area of your flat. In effect, you've encroached upon the common space of the society.

You're advised to remove this encroachment to save a Legal action against you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Any change in the buildingfacade or layout is not permitted as per the apartment act.

You should demolish the encroachment as this becomes bench mark for others as well.

Please be a good citizen and don't encroach the common area.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Remove the alteration done by you and reinstate to the original within the notice period there shall be no penalty against you. If you.dont this can be a enchorchment into the society common area. Also there can be no alteration and modification in respect.to any flat in housing socities

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) you cannot encroach on duct space

2)it has to be demolished

3) if you fail to do so society would seek court orders for demolition

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Do not reply anything just wait and watch they can demolish the construction only through the order of LD Civil Court

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

4.0 on 5.0

Dear Sir,

You could have taken the permission before using such space for bathroom. It is wise to close the issue by paying some penalty and getting something in writing otherwise you have to face unnecessary troubles from the society members.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Show documents,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

You can not use the duct space to use it as a space for your bedroom.

that will amount to alteration in the structure of the building.

Also, the punishment and the penalty would depend on the bye-laws of the society.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

National Building code is a document containing standardized requirement for the design & construction of most types of apartments in India.

The NBC 2005, formulated by the Bureau of Indian Standards, spells out new regulations for adoption by infrastructure departments, municipal administrators, public bodies and private agencies. It contains mainly administrative regulations, development control rules and general building requirements, fire safety requirements, stipulations on use of materials, structural design and construction and building and construction, building and plumbing services.

All materials and workmanship shall be of good quality conforming generally to accepted standards of Bureau of Indian Standard specification & codes as included in National Building Code of India. No building or part of a building shall be constructed or reconstructed or no addition or alteration shall be made to any existing building in the intervening spaces between the building and any overhead electric supply line.

Every person who intends to erect, re-erect or make alternation in any place in a building or demolish any building shall give notice in writing to the concerned Authority of his intention in the prescribed form and such notice shall be accompanied by plans and statements in sufficient copies.

No Objection Certificate (NOC) from the Fire Service, Pollution Control Board, Electrical safety department, Water Supply and Sewage Department and other concerned a department.

Deviation from approved plan or violation of National Building Code (NBC) will lead to charge penalty, cancellation of approvals or demolition of property.

Now you have to analyse how much this deviation caused.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

As such the space which is not included in your area purchased, you cannot use it individually. society is right in sending you notice. now you can sit with society office bearers and sort this amicably. they might ask you to pay certain amount to the society. you can do that and save your self and use the space

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Hi,

You need to reply the legal notice strongly saying that you have done so to protect the health issues.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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