• Illegal construction

We have bought a flat in 2018 with completion certificate and mutation has been done by Feb, 2019. This flat is under KMC, Kolkata. This apartment contains 6 resedintial flat and 3 commercial places. All the commercial places are under the apartment premises, that is there is no separate main entrance to the commercial plot. One of the commercial plot, done registration in April 2019, and mutation done in August 2019. After mutation, they have demolished one of the outer window, and made a door in the outside. Since, the outer wall fall under common property, can they demolish the same without the concern of the flat owners??
Moreover, the door constructed in the backside of the apartment, which hampers the security of the apartment.
The comercial space owner, completely separated the space into two by erecting a permanent wall from inside. 

My questuins are
1. Are they demolish the outer window and outer wall to make an entrance door? Is it legal?
2. Inside wall erection and dividing a single commercial space into 2 is legal?
3. Can a commercial space or part of it be rented as residential space?
4. Can a single commercial space can be utilized as two separate commercial space?...or can be uused as one commercial and one residential space?
5. If they dont give the maintanence what can we do? as we dont have any association.
Asked 11 days ago in Property Law from Kolkata, West Bengal
Religion: Hindu

First without permission of municipality, no construction and change in actual sanctioned plan is violation of CC. And gate exit which may hamper security of residents is not permitted. 

Any change from sanctioned plan without permission is illegal. Commercial and residential place in same builder is not permissible. Commercial place can be used for residence but not vice versa.

Complain to municipality.

IF no association, everyone bear own cost.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1) no alteration can be made without consent of the society and muncipal corporation 

 

2) demolition of  outer window and outer wall to make an entrance door is illegal 

 

3)for division of commercial space into 2 permission should have been obtained 

 

4) permission of society is necessary to give premises on rent 

 

5) if they fail to pay maintenance association should sue them to recover maintenance 

 

6) issue legal notice to builder to form cooperative housing society of flat owners 

 

7) if no association or society is formed complain to muncipal corporation against illegal alterations made contrary to sanctioned plans 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

10 members, in your case condominium will form. 

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

1.  IF something is deviated from the original sanctioned Plans, THEN complaint to the Municipal office, seeking direction to restore the property as per the Plans.

2. IF there is no Association, NO action can be taken on Defaulter property owners.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

Hi

1) It is illegal to demolish / change nature of structure without permission of KMC and not informing the society.

2) Demolishing of window and making door outside is illegal for which permission is required.

3) Optional.

4) Optional. Depends on your bye-laws, more over societies permission will be required to do so.

5) Form association. Demand for payment of maintenance, if denies, issue notice and proceed.

Further, if the common areas are disturbed and structure's shape is changed lodge complaint with KMC.

S Srinivasa Prasad
Advocate, Hyderabad
760 Answers
6 Consultations

5.0 on 5.0

there are 6 flats and 3 commercial shops . cooperative society can be formed 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

1. It is illegal they without plan approval cannot do so the Municipal authority can levy penalty for same.

2. Erecting permanent structure without approval is illegal.

3. No it cannot be.

4. It can be used for two business but cannot be divided to make it two.

5. Sir association has to be formed or all the legal owners have to give legal notice for recovery of maintenance.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

Society /association as per.stste rules can be formed with 6 members.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

They can't do major alterations without the permission of corporation or authority competent authority. 

2. It's legal only if done according to sanction plan 

3. No you need to change the use of premises

4. No

5. You need to recover it through civil court. 

No 6 flat owners cant form

 

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

1. Please note that any changes in the sanctioned building plan without the prior permission of the KMC is unathrorised and the same is liable to be corrected.

2. Hence the opening of a door by braking the wall is unatuhtorised constructions which can be prevented or corrected if you bring this to the notice of the KMC.

3 If on your complaint te KMC refuses to take any punitive action or corrective measures you have the option of  invoking the writ jurisdiction of the high court.

Devajyoti Barman
Advocate, Kolkata
17824 Answers
253 Consultations

5.0 on 5.0

No addition or alteration of existing flat Or commercial shop in an apartment can be done without the consent of the Housing society or Apartment Owners Association. 

society can initiate recovery proceeding against the owner. 

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

If they have right of ground floor then they can modify the window to door for using it as main entrance to their area. 

Yes diving of one space into two is their personal matter. 

Yes they can use it as residential space but the taxes are applicable as commercial property

If they refuse to give maintenance then you can issue demand notice to them for payment of maintenance.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

1.  Any changes to the structure is not permitted.

If he has made any structural  changes, then the society can initiate legal steps against him and can even lodge a complaint with the municipality and also with the registrar of cooperative societies.

2.  No, he cannot do any such thing on his own,

3. It can be given on  rent however he may have to pay the taxes at commercial rate only.

4. He canot divide the single unit into two at his whims and fancies, he has to obtain permission fro the competent authority.

5. Then you should not give any service to him.

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

You may go through the bye laws in this regard.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

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