• Common compound wall in two buildings disputes

In my neighbour of my Bunglow is a apartment .The builder of the apartment had constructed the common compound 4 feet wall .Now I wish to increase the night to 8 feet.but the neighbour flat lady is unnecessary creating problems.What is the remedy?,How to deal with this? What are my rights? There is no space ,I have to construct the existing wall only!
Please advise.
Asked 6 years ago in Civil Law

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

17 Answers

you need permission from muncipal corporation to increase height of compound wall

2) you cannot increase height unilaterally

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

sir in case a common compound wall you cannot by yourself increase the height you need permission from the municipal department and further department ask NOC from neighbour as their can breach of the easement. So obtain the requisite permission.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You will have to check the sanctioned plan to check the permissible height for compound wall

You cannot increase the height beyond the permissible height

Yusuf Rampurawala
Advocate, Mumbai
7514 Answers
79 Consultations

5.0 on 5.0

Dear Client,

As per National Building code, Except with the special permission of the Authority,common wall can be build from minimum 1/5 meters to 2.4 meters maximum with the permission of local authority.

Apply to local authority to build wall above given limit.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Hii

You cannot increase the hight of the compound directly unnecessary you will be facing of breaking the legal municipality rules.

You have to do an application and approach a municipality and seek permission for the same.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

It should be by mutual agreement in written, otherwise later society can back off. Sharing expenses is more advisable.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

obtain consent letter from society

2) also obtain approval from municipal corporation

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You should confirm your neighbour lady follow the setback space rules as per law, if not followed you should complained against her and to do your compound wall for your safety as per law. All the best.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

Hi , yo can increase the height without getting thier consent ..However, if they are willing to share the expenses , you can obtain the written consent

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Yes take a written NOC from the neighbour and the consent society. further take permission the consent ward officer of municipal authority.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You cannot increase the height of the common compound wall without obtaining no objection certificate from your neighbour as well as the society.

You'll also need to seek approval from the municipal corporation of your area before doing any construction.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

yes it will be better if you get a consent letter so that no issue is raised by them in future after the construction of the wall .

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

get the same written and notarized on a rs. 100 stamp paper

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If the compound wall is 9 inches thick you can construct single brick wall from your side. Single brick wall thickness is 4.5 inches. So your neighbors will not be able to take objection.

Vinaykumar Kherodkar
Advocate, Navi Mumbai
24 Answers
1 Consultation

4.8 on 5.0

If yo want to raise the compound wall and ther is a proper set back space left between both the buildings, she cannot object to it.

Have you applied for modification of the building plan in this regard from the competent authorities?

The neighbor cannot raise an objection if her property has not been damaged or her easement rights are denied.

You may consult a local advocate and issue a legal notice to her to refrain from indulging in such undesirable activities.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

In the caption case,if the neighbour gives concent for building the wall upto 8 feet, should I insist for written concent,is it necessary to get a concent letter from their society,if they agree to share the expenses ,is it necessary to get such a concent letter?

They cannot share the expenses for the raising the height of your compound wall.

By the way how can there be a common compound wall, in whose space that this has been raised?

What is the society's opinion about this?

If this compound wall has been in their space, you cannot raise the height of the same on your own, you may have to obtain their permission for doing it and they have to permit you in writing or else this will become a problem for ever.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2195 Consultations

5.0 on 5.0

This is my response to you:

1. You will need to get consent from the society of the buildings;

2. Once the consent is obtained then only the wall can be constructed;

3. There should be a genuine reason for constructing the wall?

4. If not then the society can dismiss your request, therefore keep concrete reasons to construct the wall or increase its height;

5. Otherwise if there is some nuisance then you can take assistance of the municipal authorities or the police to construct the wall.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer