• Can I construct the house in a gated community (Villas) from other builder

Hi Team

I had purchased a land from an Individual (I) in a gated community. In that gated community Builder is selling the Villas (Land + Construction) and plots are not sold separately.

Question is, now I have a piece of land in that gated community, can I go ahead and hire another builder to construct as per the exterior elevation agreed with the Builder. Is the builder can stop doing construction from other builder. If I can construct, what are the documents need to be signed with the builder. 

Asked 4 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu

See if the condition of sale of plot is that design of all.bunglows and construction shall be same then you cannot otherwise if sale deed only plot is there you can freely engage another person to construct the bungalow for you he cannot object.

Shubham Jhajharia
Advocate, Ahmedabad
18230 Answers
71 Consultations

5.0 on 5.0

In what circumstances that other builder can stop the said work.  The whole gated community land doesn't belong to the earlier builder.  You can go ahead with the construction with new builder

Prashant Nayak
Advocate, Mumbai
11640 Answers
18 Consultations

4.8 on 5.0

1) since plots are not sold separately you have to engage said builder to carry on construction 


2) builder would not grant you NOC to get construction done form other builder 

Ajay Sethi
Advocate, Mumbai
65429 Answers
3960 Consultations

5.0 on 5.0

Once the sale is executed and registered you become its exclusive owner and you can occupy and enjoy it in your own choice.

So you can engage any builder of your choice to make constructions on the land. 

So your seller can not stop you from hiring a developer from outside to raise constructions.

If he does you have got enough remedy to restrain him from doing so.


Devajyoti Barman
Advocate, Kolkata
17459 Answers
248 Consultations

5.0 on 5.0

Hi, the agreement of the original owner has to be considered under such circumstances..Wether the builder has retained the rights for construction 

Hemant Chaudhary
Advocate, Gurgaon
4248 Answers
30 Consultations

4.9 on 5.0

There is no legal compulsory hire only the prescribed builders or construction company and in case you find any objection from the society then you can approach to the court to get stay order in this regard

Vimlesh Prasad Mishra
Advocate, Lucknow
5376 Answers
16 Consultations

4.9 on 5.0

If you have purchased the plot and it falls within the gated community which is legally not binding you, then you may proceed with the proposed construction through your own builder by entering into an agreement to construct with the builder of your choice.

If the existing builder objects to this, you may ignore his objections and ask him to approach court with the reasons for his objections which can be challenged properly on the basis of the prevailing circumstances and facts of the case.

In case of any further doubt you may consult an experienced lawyer in the local for his suggestions and opinion.


T Kalaiselvan
Advocate, Vellore
55240 Answers
674 Consultations

5.0 on 5.0

You are free to hire another builder to construct house. Builder cannot resist, You are absolute owner of land. If builder object , You can file police complain. Normal construction agreement will execute detailing mode of payment, period of construction and construction plan.

Yogendra Singh Rajawat
Advocate, Jaipur
12246 Answers
13 Consultations

4.6 on 5.0

As a owner of said land you can construct house but you have to take noc from builder. 

Mohammed Mujeeb
Advocate, Hyderabad
9336 Answers
3 Consultations

4.5 on 5.0

The clauses will prevail however you can cancel that part of contract if there are good grounds.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4243 Answers
108 Consultations

5.0 on 5.0

1.  IF the original agreement says that construction must be done ONLY thru the registered builder, THEN you do not have any options.

2.  HOWEVER, you can raise a dispute on the quality of the construction and the cost of the construction and no-confidence in the registered builder via a proper legal notice and after this appoint your own builder or do the construction yourself using independent contractors (instead of builders)

Hemant Agarwal
Advocate, Mumbai
2234 Answers
13 Consultations

5.0 on 5.0

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