Minor changes to under-construction flat in Thane (Mumbai)
I have booked an under construction Flat , registered in my name and 95% payment disbursed to the Builder , possession is due by Dec,15.I have suggested some minor changes in my flat with respect to Plumbing points and Electricity Points , which builder refuses to entertain sighting their policy.Since this is a mivan construction (s good as RCC), I cannot make any changes once the construction is complete, but the builder is either refusing any requests or quoting exhorbitant charges , obviously with an intent to discourage any such requests.Can you pls let me know my legal rights on this subject.
Asked 3 years ago in Property Law from Hong Kong
1) you should take possession of flat from builder after making full payment and after issue of occupation certificate by BMC
2) once you take possession you can carry out renovation in your flat change electricity points etc
3)the changes suggested by you are minor changes which should have been acceded to by the builder
4) however you cant force builder to make these changes
Hi, normally all these works are done with the request of the purchaser and if the agreement provide some alterations in the flat may be allowed then you are entitled for the alterations otherwise you have no legal remedy.
1. Once you have signed the agreement with the builder you are bound by it. No demand, which is not in consonance with what has been specified in the agreement or brochure, can be raised subsequently. So the builder is not legally obligated to accede to your demands.
2. You can at the most issue him a lawyer's notice but this too will not vest you with any right over and above the rights which have been conferred on you by the agreement.
You have not mentioned that these changes were mentioned and agreed upon by the builder in your agreement for sale or not. Has builder at any point of booking or later agreed in writing in favor of such changes as required by individual? If 'no' then you don't have any legal right.
The builder can oblige minor deviations if it will not alter the structure or the actual plan beyond permissible deviations. You can impress upon the builder that you will given an undertaking to bear the additional expenses in this regard as well as to meet the legal aspects in future that may arise if found to have violated the conditions by the competent authority. First try for an amicable and peaceful talks with the builder, if he is not agreeing to it, you may give the instructions for the proposed minor deviations in writing. Any legal action against the builder will delay handing over the possession by the builder which would cause you more damages, so wise approach will be the better solution.