See you can resubmit the plan for building over your share in case same is rejected appeal for approval to appellant authority stating the facts and circumstances and that you shall construct over your share only.
Constructed house with joint permission, not receiving permission to construct 1st floor.
Background: We and another party purchased 400 sq yards land 20 years back. It was sold by one owner but we bought it as two individual plots and registration was done individually for both the plots. However, the permission to construct the house was applied jointly and the building plan was approved on two names: mine and my neighbor's. Two individual houses were constructed post permission. Few years later, the other party (my neighbor) constructed 1st floor on his house without any approval. As it's a joint approval, their mistake is falling on us. Problem: We applied for permission to construct 1st floor on my name only and after 5 months, we received rejection saying the initial building approval was on two names and now the permission was applied on only one name. It was also mentioned that the ground floor construction is deviated from the original plan. We were asked to resubmit. Please advise what should be done. Thank you
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
Make application in joint names
apply for regularisation of construction carried on by you
The only remedy which you have is to approach High Court by filing a writ petition and seek a direction to consider you building permission application.
You can file a writ petition against the corporation and take orders from high court
Dear Sir,
It is a civil problem and you may get appropriate orders if your approach Civil Court.
Dear Sir,
7 steps to get clearance for building construction
A) Land Title:
B) Land Clearance:
C. Zonal Clearance:
D) Building Approval:
The next step requires an approval from authority for sanction of building plans/ building permit under the provisions of Building Byelaws, Master plan and Local Body Acts. The Building approval comprises of the building plan and the layout approval for the construction of the building.
1) Building Plan:
- A builder should submit building plan before starting the construction activities. Building plans are a graphical representation of what a building will look like after construction.
- Building plan ensures that building complies with building laws.
- Once the building plan is approved, the builder should commence construction work within two years and there should be no deviation from the sanctioned plan.
2) Layout approval:
The builder has to get approval of layout plan from concerned authorities before starting construction of residential or commercial building.
- Approved Layout Plan is as per approved FAR (Floor Area Ratio) or FSI (Floor Space Index).
- Constructing building on unapproved layout will not be given permission to be occupied or such layout plots will be treated as unlawful and exemplary penalties will be levied as per Municipal Laws.
- Land which is sub-divided into plots without permission from authority is considered illegal or unapproved layout.
- No facilities such as roads, drainage, street lighting will be extended in such areas.
3) Intimation of Disapproval
Intimation of Disapproval or IOD basically states conditions that needs to be complied with during different phases of Under Construction Project. Intimation of Disapproval in some places is also i known as Building Permit. These conditions are normally divided into 3 parts:
(i) Immediately before commencement of construction work
(ii) During the construction period
(iii) After the construction is completed
4) Commencement Certificate in layman terms, is the permission to start construction from local development authority. Please note that the builder cannot lay the “Foundation Stone” & “Build Boundaries” in the absence of these 2 critical documents.
E) Completion Certificate:
F) Services & Utilities Installation:
G) Occupancy Certificate:
If your neighbor had deviated or violated the rules or law in this regard, you should have told him about it or at least brought it to the knowledge of the authorities then and there itself so that your position would have been safe.
Now you may comply with the requirements informed by the authorities concerned or file a suit seeking direction to the authorities based on the two individual plots and individual construction for approval of your subsequent plan to construct first floor accordingly, let the court decide about it as per law.
You have separate individual property purchased by separate sale deed. Addresses are different. But when they are saying, they permitted construction on full land or half ? If on full than , what the need of fresh approval.
Otherwise show tell them that you are asking for permission to construction your portion, show them sale deed.
