• Building of third floor without NOC from other floor owners

I am resident of second floor of 90 mtr plot building constructed in 2008 in Rohini Sect-16, Delhi consists of basement, G.Floor, 1st & 2nd Floor. The owner (who is not owner of the any other floor) of roof right want to construct 3rd floor of the building without the permission/NOC of other owner of the floors. can he construct the third floor or denied to constructed. Under which rule/section/act he can or cannot construct the third floor.
Asked 1 year ago in Property Law from Delhi, Delhi
Religion: Hindu
Additional floor can not be Constructed without obtaining NOC from MCD because MCD examines construction of additional floor on the guidelines of structural safety of a building, compliance of building bye-laws and Master Plan of Delhi 2021.

You should send a notice to your builder and also file objection regarding the construction before MCD. 
Shivendra Pratap Singh
Advocate, Lucknow
2731 Answers
41 Consultations
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First of all if the flats are designed and approved for the present number of floors only and there are different owners of different flats on each floor, the roof at par with other common areas belong to all the owners in common, so one owner cannot exercise rights to build another floor in the roof on his own. This is a deviation.  This matter can be complained to the Municipal/Corporation authorities and can be stalled, If this step is not able to invoke any proper response, you may approach civil court with a suit for permanent/mandatory  injunction restraining him from progressing, consult a local lawyer and proceed as per his further advise. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
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1) delhi Govt has relaxed norms for construction of 3rd floor . you dont need NOC from other flat owners for construction of 3rd floors iin Delhi . however aspects such as structural safety , fire safety , non obstruction of passages , air and sunshine of neighbors will have to be considered while sanctioning building plans . decision will be taken on merits but existing flat owners will have chance to furnish their views 

2) as per Master Plain  Delhi 20 21 in residential areas permission was granted for construction of 3rd floor but SC had stayed order  pending final decision on master plan 21 . owners can carry out construction provided they give affidavit that they will comply with final ordes of court on MPD 2021
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hello,
1) If the third floor has to be built there had to be approval obtained from the local government like the municipality and must have an approved plan.

2) How did he have right only for the roof? It is pertinent to know if he purchased the FSI from the builder and have requisite approvals from the local bodies.

3) Move an RTI application in the municipality and depending on your findings you can approach a civil court to get an injunction against him from making any construction and seek permanent injunction of he has no approvals and the construction is illegal.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
If the person who intends to construct is not the owner of any of the floor then he does not have any right to construct on the third floor. Further as per the MCD rules they are required to take NOC from you. When the MCD passes the building plan or any construction plan then the person intending to construct is also required NOC from the other floor members.
We suggest you to file a police complaint against the person , and also file a complaint at MCD thereby informing them of illegal construction.
Also, all the owners of the property should file suit for declaration alongwith file an Interim injunction application thereby seeking order that owner cannot construct 
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
1. NOC is not required anymore in Delhi for construction up to third floor. What you require is the sanction of the MCD. 

2. While considering the application for sanction to construct third floor the factors such as the existing condition of the building, the harm that may be caused to it due to alteration/addition will be taken into consideration. The decision of MCD to permit additional construction can be challenged in the court. 

3. If the other floor owners obstruct the construction them you may proceed to obtain a stay order against them from the court. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0

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