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  • Change of dry balcony to toilet

Hi,
I have bought a resale flat in a bldg which has 21 flats. My flat is on the top floor. I have made internal changes in the flat as per vastu. I have taken a structural stability certificate from a RCC consultant. The kitchen before is now my kids room and I intend to convert the dry balcony attached to it to a toilet. The society has raised a objection regarding the same. 2 issues raised by the society are-

1. It will be “change of use” from a dry balcony to a toilet which is needs the corporations permission and If converted to a toilet will be illegal.

2. We plan to enclose the dry balcony with sliding windows as it will be a toilet. The society has a objection to covering (enclosing) the dry balcony too. 

The building is around 10 years old and on checking the other flats, it came to my notice that others have enclosed their dry balconies as well as their balconies already. One of the flats already has a toilet in the dry balcony which I intend to do, some of them have enclosed the dry balcony and made it a part of their kitchen. 

On raising these other flats violations, the society says they were not aware of it. (They are staying here since 10 years) and their contention is that since others have violated the law does not give me a right to break the law. They also said that enclosing a balcony Pra dry balcony is fine to an extent and can be “overlooked” but a change of use from a dry balcony to a toilet is a unlawful, is a change of use and hence can’t be allowed.
Please suggest what I should do.
Asked 7 years ago in Property Law
Religion: Hindu

2 answers received in 30 minutes.

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12 Answers

Obtain permission from muncipal corporation if you want to construct toilet wherein dry balcony is situated

2) enclose dry balcony with society permission

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Apply to ward office for permission to convert dry balcony into toilet

2) corporation may direct you to obtain society NOC then only apply

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have to seek approval for deviation in already approved plans of the municipal corporation, you have to seek permission for alteration in your portion you dont have to get plan revised, further the noc from the society is must in the case of alteration. The concerned ward officer of the your area shall give you permission on your desired proposal for alteration.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Firslty, though it has been done by the other flat owners, but still I advice you to go through the society norms which you may have signed also.

Secondly, if it has not been there then you don’t need any permission let them do what they want you would succeed at end.

Thirdly, if it has been there and others have done then say ask others to again to change it it’s original position otherwise you would also convert it.

Fourthly, I hope that they themselves would change their norms as they can’t ask everyone to change it to proviso position as then questions would be put to them as to why they allow initially if they had.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

1) No you can't change internal settings of layout plan, which require PMC authorized permission, who had passed out layout plan and get structural audit from PMC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. The society is right. Because a dry balcony is constructed without using any FSI.

2. By converting it into a toilet, there will be FSI consumption which will be in violation of the sanctioned plans.

3. The society is also correct in saying that since other have made that change, would not give other flat owners right to also violate the rules.

4. It is advisable to obtain permission from the corporation for the conversion.

5. You can do that through your architect.

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. Permission for usage of usage from Dry balcony to Toilet is NEVER given by the local Civic authorities, under any circumstances and is not permitted under the MRTP Act. It shall be a gross criminal offence and duly punishable.

2. The local civic authorities can prosecute for ANY changes in the sanctioned plans, IRRESPECTIVE of the time period of the changes made inside the Flats. DRY balconies are outside the ambit of FSI and NEVER be permanently enclosed in any manner.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

This is my response to you:

1. You are making structural changes to the part of the building, therefore you will need permission of the authorities;

2. You will need to approach the municipal authorities for making changes in the plan;

3. You will need NOC from society as well the corporation;

4. You can approach the the following office: https://pmc.gov.in/en/building-permission?bpd

5. Once you approach the office, seek help of the Dy. Engineer who can give the necessary permits;

6. If permission is granted, then you can go ahead with it;

7. Since the other flats have absorbed the balcony in their homes, the corporation may grant the same to you and therefore this activity may be regularised;

8. It is better to obtain permissions, otherwise illegal structures can be demolished by the authorities.

Gowaal Padavi
Advocate, Mumbai
1919 Answers
5 Consultations

Dear Sir,

Your argument is very much correct. Just start constructing if any objection received or notice received then challenge the same before Deputy Registrar or the High Court, you will get justice.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. It will be considered as structural changes, hence doing anything on our own without seeking permission from the local civic body would be deemed as an illegal act, if the authority decides to demolish then you cannot do anything other than run behind court to obtain temporary stay etc.

2. The society will certainly object to this modification because it will be considered as a structural change.

3. If there are such precedents that somebody has already converted their balcony to bathroom, you my quote that as an example and fight for your rights too.

4. Under the situation, you may ask the society to issue a legal notice to this effect, in reply you may quote all those things which you observed to be violations by other members of the society and seek justification and also may warn the society to drag it to the consumer forum for showing partiality to you and acting in a biased manner.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

But does the corporation give such kind of a permission??

You can aproach the authorities with an application and a report from the local architect.

This means getting the plan revised right?

It may be or may not.

I was told that a individual flat owner cannot apply for a revised plan.

You are right.

How can I and from whom can I obtain this permission??

You can consult with a local architect on this and take his advice on such further issues.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Hello,

Such permission can not be obtained by you.

The corporation does not give such kind of permission and a permission to change the individual structure will not be granted by the authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

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