• Please suggest

Can i build roof on open terrace of my balcony after getting possession. Do i need any permission from anyone.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

You need to get the plan sanctioned by competent authority. Also, you need to keep in mind the municipal laws and building bye-laws before construction.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

No it is violation of the Apartment Act and this society must have this kind of provision in its bye laws you cannot change the aesthetic look after building by doing any change outside society mein send you notice to demolish it if it is constructed and impose a penalty for that.

You may put a safety net if you have small children but not a permanent construction.

Vimlesh Prasad Mishra
Advocate, Lucknow
6829 Answers
23 Consultations

4.9 on 5.0

You need to take permission from society and municipal corporation as well

Ganesh Singh
Advocate, New Delhi
6629 Answers
16 Consultations

4.5 on 5.0

Dear Sir,

The relevant rules are as follows. Please visit link.

Please RATE me as AWESOME

Tenantable repair to building needs no permission

It is notified for the information of the public in general that the following items of work

categorized as “tenantable repairs” can be carried out without obtaining any permission from

the Municipal Corporation of Greater Mumbai (M.C.G.M.) provided the structures to which such

repairs are to be carried out have been constructed with approval from the Competent

Authority or were in existence prior to 1.4.1962 in respect of commercial structures and

17.4.1964 in respect of residential structures. However, these structures shall not be declared

heritage structures or fall within heritage precincts and N.O.C. from Heritage Conservation

Committee is required for carrying out repairs to such structures. The onus to submit

documentary proof in respect of the existence of structures prior to 1.4.1962 and 17.4.1964

shall, however, vest with the owner.

Providing guniting to the structural members or walls;

101

Plastering, painting, pointing;

Changing floor tiles;

Repairing W.C., bath or washing places;

Repairing or replacing drainage pipes,, taps, manholes and other fittings;

Repairing or replacing sanitary, water plumbing or electrical fittings;

Replacement of roof with the same material

Replacing the existing water proofing treatment without increasing the dead load.

“Tenantable repairs”, however, shall not include

Change in horizontal and vertical existing dimensions of the structure;

Replacing or removal of any structural members of load bearing walls;

Lowering of plinth, foundations or floors

Addition or extension of mezzanine floor or loft;

Flattening of roof or repairing roof with different materials

http://www.mcgm.gov.in/irj/go/km/docs/documents/MCGM%20Department%20List/ChiefEngineerBuildingProposalWesternSuburbs1/ChiefEngineer(Building%20Proposal)Western%20Suburbs-I_RTI_E18.pdf

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
331 Consultations

4.8 on 5.0

You cannot carry on any construction on terrace

2) obtain permission from society and muncipal corporation

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

1. You are deficient in providing details.

2. Have you taken possession of a flat or a house solely constructed for you on a piece of land?

3. However, for making any additional construction, you shall have to take your construction plan sanctioned by your local Municipal Corporation.

4. With out availing the said sanction, any additional construction made by you shall be treated as illegal and will be subjected to be demolished by the Municipal Corporation on receipt of any complaint against your said illegal construction.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

Yes you need permission from socity as no alteration can be done in a society flat without permission the construction can be deemed illegal.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
149 Consultations

5.0 on 5.0

Yes. You need to have Municipal permission. Further the Sale deed must have it mentioned that you have the right to construct on the terrace.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

Dear Client,

If no society formed than u can built a roof without any approval, but it should not be major altercation of approved plan of flat.

Yogendra Singh Rajawat
Advocate, Jaipur
21452 Answers
31 Consultations

4.4 on 5.0

This may fall under structural change category.

If so you may have to obtain permission from local civic authorities besides permission from RWA or the association if this comes under them.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You need have a permission from. Muncipal. Department and. The housing society. The shed cannot be permanent it can be only temporary

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

1) If society is not formed than you can built roof at your terrace, otherwise you can take permission from society.

Ganesh Kadam
Advocate, Pune
12219 Answers
165 Consultations

4.9 on 5.0

Unauthorised construction beyond the sanctioned plan is impressible.

If the approved layout plan/map will not be violated by your act of building roof, you may go ahead with this construction.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
219 Consultations

5.0 on 5.0

If there is a clause in the sale agreement that no additional construction can be made then you can not do the same.

In any view of the matter, permission has to be taken from the builder.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
344 Consultations

5.0 on 5.0

Some premises the said roofing is illegal. As they are open spaces in the building plan. You can erect foldable roofing for the same which can be folded if required.

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1. Open Terrace is classified as compulsory open space and free of FSI and any encroachment, in any way, is a penal offence, under the MRTP Act and the local Municipal laws.

2. HOWEVER, due permission can be taken from the local Civic body and subsequently the terrace can be covered.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5570 Answers
25 Consultations

5.0 on 5.0

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