You can go ahead with the same as if it is not hampering the structure or beams it can be done. As you have certificate from structural engineer also.
Breaking internal partition wall
Hello. I am from Mumbai(Mira Road). My building is around 33 yrs old. roughly around 2-3 yrs back the entire building structure audit was done and it was declared that building is in good shape after doing necessary fixes. I now want to break down an internal partition wall between my living room & kitchen. My society committee is not approving my request and asking me to get official approvals from MBMC / Town planning department in writing. They feel its risky for the building and we should not remove it. I have then checked with a registered authorized Structural Engineer currently on panel and he has provided me the official letter that the wall can be taken down as its just a brick/partition wall and none of the structure of building will be affected. Even after submitting this, the society committee is still insisting to get official letters from MBMC / town planning. Upon inquiry MBMC have said they cannot provide letter as its internal alteration and society can approve it internally. Upon asking to Town planning department, they are asking to pay a huge fee and also asking to submit a affidavit of owner taking responsibility and society NOC. This has been going on from 6 months and I have checked with 2 Structural engineers and 6 interior architects and all have told me the same that this is a Brick/partition wall and can be taken down. Is it ok to go ahead and break down the wall if society is not approving even after having structural engineer's letter ? Society has not provided any letter to me in writing as to what is required and always talk verbally with me while I have submitted all documents in written. Please let me know your views. Thanks & Regards, Maulik S Kothari.
Asked 6 years ago in Property Law
Religion: Other
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8 Answers
You don’t need approval from muncipal corporation for breaking internal partition wall
2) structural engineer report is clear that it does not amount to structural alterations
3) however since society is refusing to give any NOC you can proceed with removal at your own risk
1. Since the jb you are asking for is very much valid and the local authority has confirmed on this, go ahead with the demolition.
2. If you wait for society then you will have to keep a lifetime patience.
3. So inform the Registrar of the society about the reluctance of the society so fr and and demolish the society. There is no other way out.
See you need approval as it is structural change removing it without NOC of society and approval from concerned department is illegal and they can proceed against you.
It is not legal to remove without noc as the plans are approved and structural changes cannot be made.
For such alteration, no permission require from any department and Town planning department is demanding unauthorized fees or may be bribe.
Why bother about society, get it done by hiring local labor, only take care of safety. For any resistance , you can get order from court directing society not to interfere.
1. if you have a report of structural engineer who has given a go ahead, then i do not see any problem
2. also local body has informed that its internal matter between society and member in which local body cannot interfere
3. i do not see any reason why any letter from town planning department is needed since its not their job to give a say whether a wall can be taken down or not. Their job is to do town planning and not internal layout planning of a private house
4. you have to inform all of the above to the society with a copy market to District Dy. Registrar of co-operative societies
5. follow up on above letter by filing a RTI Application to the registrar and obtain his directions in the matter
6. once the registrar give his go ahead, you can proceed
You first of all give a request to the society in writing seeking its permission to bring own the partition wall and in that letter you make a clear mention that this will is built just of bricks and there wont be any danger or damage even if the wall is removed. you may also enclose the letter given by the panel engineer of the municipality certifying the same and it would be safe to remove the partition wall and that no damage could be done to the structure etc.,
Let the society give its refusal in writing or give a list of documents required to sanction permission to this arrangement.
After that you can comply wherever it is possible, if it is not possible to comply with their demands, then you may plan to initiate legal steps towards it
Yes you can go ahead with the removal of wall because you already have a certificate from structural engineer.
You don't need approval from society as it is internal matter of your flat.
