• Legal opinion regarding BMC permission

Dear Sir, 
I have finalised a terrace with Society in industrial area in Commercial/Industrial building on Leave & License basis.
Agreement of which would be registered. I have taken it to start Sports activity(Cricket & Football) on it, i will be spending close to 25 Lakhs on it to create sports infrastructure.
There will be no construction done on terrace except net wil be put on metal angles about 12 feet from side walls so the ball doesn't go out.
There is already a sports turf in Next building.

Questions.
1)Do i require any BMC Permission to start sports turf?
2)Do i require any NOC From any other Goverment departments?
Asked 4 years ago in Property Law
Religion: Other

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5 Answers

Advisable to obtain BMC for starting sports turf on terrace

2) you don’t need permission from any other government departments

Ajay Sethi
Advocate, Mumbai
87916 Answers
6207 Consultations

5.0 on 5.0

1. you need to keep many things in mind

2. whether the building has undergone a structural audit and is reported to be a safe structure

3. whether the access to and from the terrace is easily accessible for entry and exit in the event of any casualty like fire etc

4. whether the society resolution permitting the letting of terrace premises on leave and license to you for the intended purpose was approved and confirmed by all the society members

5. Also the terrace forms part of the common areas which is for the benefit and enjoyment of all society members - therefore you need to ensure that the aforesaid resolution is passed by the society with the consent of all society members. It cannot and should not be that majority members voted for the letting of the terrace area and there were a few who voted against it. Even the latter few who voted against have a right to challenge the society resolution because their right of common enjoyment of terrace area cannot be circumvented or ignored by a society resolution passed on basis of majority votes of members present at a general body meeting and entitled to vote thereat

6. this is very important because the attendees to the terrace will be using the common entrance/exit to reach the terrace which is also used by some or all of the society members - so it needs to be ensured that there is no conflict with regard to the same

7. there is no clear provision either under the BMC Act or the Development control rules regarding the usage of terrace for commercial activities - at best you can file a RTI Application with the Building Proposal Department of the BMC to get information about the permitted usage of terrace for commercial activities like the one which you intend to run from the terrace

8. also the terrace is a common area and is assessed as such for the purpose of property tax. So if you intend to use the terrace for some other purpose than for the intended purpose then there will be re-assessment of property tax and that will need to be borne by you

9. in the recent Kamala mills compound fire on the rooftop eateries, the Hon'ble Bombay High in a PIL filed for directions to BMC, also had adverted to 'live load' - whether the building is designed to take the additional load due to the commercial activity sought to be run or operated from the terrace - that will also need to be factored in through a proper structural audit report stating that the building is in a good habitable condition and does not pose any risk to human lives

10. you also need to factor in the possible disputes that may be raised by the owner of the premises just below the terrace due to the sports activity being run on the terrace - many a times such owners file civil suit seeking injunction and thus hold the person to whom license is granted, at ransom

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

1. Yes permission from the BMC is required as if the roof of the building is permitted for such use or not. Further there should be NOC from the Association of the society.

2. yes from FIRE and Safety department it would be best in interest to protect your rights in future,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes you will need BMC permission regardless of the construction as well as license for the activity concerned from the concerned regulatory authority.

Susheel Kumar
Advocate, Mumbai
34 Answers

5.0 on 5.0

1. If this is considered to be a commercial activity then permission and approval should be obtained from local civic authorities.

2. Fire service, health department may also be involved depending on the nature of the event involved.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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