• Rights in builder floor

Hi.. I reside in a builder floor in faridabad on 2nd (Top Floor). There are total 3 floors in it (G+2). In registery there are clearly mention that stair case and loby area (on ground floor) are common for all residents on all floors. Now i want to install a lift for myself, so can i install it legally as ground floor is common for us ..
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

No you cannot install a personal lift without the permission of society and appropriate municipal authority, it is common area in meaning of ownership and use so you cannot divide and use it for lift for own use.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You cannot

You will need to take consent of other residents

You will also need permission of local body

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Usually installation of Lift done by consent of every owner in the buildign and charges born by all owners.

It`s under common area so can`t be put into use by your single choice. They can object.

But if this dose not disturb their commutation than you can install lift but for common usage only and shall be within a period of one month after the completion of the erection of a lift, apply for registration for

such lift.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need consent of other flat owners fir installation if lift

It would be open for usage of all flat owners and cannot be your personal lift

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Dear,

First of all i want to know from you that Haryana govt. give permission for

lift installation in g+2 building.

Second it's common area then how can you solely install a lift there,

that place belongs to everyone for use commonly, so you can't install lift there.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Carpet area is the area that can actually be covered by a carpet, or the area of the apartment excluding the thickness of inner walls. Carpet area does not include the space covered by common areas such as lobby, lift, stairs, play area, etc. Carpet area is the actual area you get for use in a housing unit

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1. You have no right to make any installations in common area with the consent of all flat owners.

2. Moreover to install a life you need sanction from local Municipal Authroity as well.

3. So mere consent of other flat owners is not enough unless and until the Municipal Authority allows you to amend the sanctioned building plan.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Firslty, though it has been mentioned that the same are for common use, but it has to be in the same way when it was said.

Secondly, if you wish to make any changes in it then you may have to take the NOC from the others also as they also have some right in it.

Thirdly, there are possibility that if you start without their permission then they may go before the Court of Law to put hold on it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Installing a lift will be termed as structural change.

You cannot make any structural change.

Moreover in the common area you cannot do anything on your own for your benefits alone.

You can take approval from local civic body and NOC from other residents/members for this.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Hi,

Since the installation of lift may affect all residents, you may take their consent and contribution.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

No you can not install the same without permission from other flat owners as the same happens to be a common area.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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