1) roof cutter machine which makes noise of more than 200 decibels is not allowed in residential area 

2) As per the rules, the prescribed highest limit of noise levels for residential localities is 55 and 45 decibels (during the day and the night respectively

3) neighbour can carry out renovations work with the prior permission of society 

4) no structural alterations can be carried out by your neighbour 

5) complain to local police station against use of roof cutter machines making noise exceeding 200 DB 

1. If the owner of first floor cuts the roof tiles, which he has the right to do, it will inevitably produce sound but it cannot be termed noise unless it is at night. This is a sound that you have to endure.

2. There is no law which prohibits use of roof cutter machine in apartments. 

3. He neither requires any permission from any authorities to renovate his flat nor he is under any obligation to inform other owners in the apartment about his renovation plans.

4. Only and only if he uses the roof cutter machine after sunset then it can be termed noise, consequently you may seek permanent injunction against him by filing a suit for permanent injunction in the competent civil court.

There should not be so much noise to remove floor, you may make complaint to Delhi municipal corporation where building dismantle engineers are authorized to sanction building dematerialize.

So accordingly to plan municipal workers dematerialize floor.

Dear Sir,

Do’s and Dont’s for Renovation of your Apartment or House

 

Renovation of your flat without consent of your Housing Society or Apartment Owners Association is illegal. An Apartment Owners Association in any state may be registered under – the Societies Registration Act. Every society has its own set of bye-laws, formulated within the frame work of the Society Act, for the state concerned. All members of the association are bound by the bye-laws. No addition or alteration of existing flat in an apartment can be done without the consent of the Housing society or Apartment Owners Association.

Following are Do’s and Don’ts for renovation of your Flat.

Do’s

• Do make application to the Secretary of the society, giving all the required particulars.

• Do get acknowledgement from the Secretary of the society on receipt of application.

• Do get communication from the Secretary of society in writing if your application has been accepted and get No Objection for starting renovation work.

• Do abide by all rules laid down by the society and ensure same are being followed by you in terms of working hours.

• Do keep all the sanitary pipes, water pipes and its fittings in good condition by replacing the broken parts promptly

• Do maintain firefighting installation through qualified agencies.

• Do dump the debris in an approved plot. For debris lying on the footpaths or roadside, you may be liable to be fined.

• Do take safety of residents in concern when moving or shifting construction materials in and out of your flat.

• Do get approval from the local authority for respective change or addition in your flat.

• Do keep your apartment and premises clean after completion of renovation works.

Don’ts

• Don’t change the existing horizontal or vertical dimensions of the structure.

• Don’t change the locations of the bathroom/WC/kitchen sink, in a way that can cause leakage to residents below.

• Don’t replace or removal any structure of load bearing walls.

• Don’t merge tenancies by removal or opening of any walls in between two or more tenancies.

• Do not allow any unauthorized additions/alterations thereby loading the existing structure.

• Don’t do any work which would jeopardize the safety of the building.

• Don’t make any alterations or additions to your flat before getting consent from the society.

• Do not place trash, boxes, or and other movable personal property in any common area.

 

Dear sir, 

Indeed that might be causing you a lot of trouble. In a situation like these, the best possible way is to file a police complaint against the person so that the ill activity can stop ASAP. 

However, Another remedy is to file an Injunction application in the court to stop this activity of his. It is not a violation of your fundamental right, but it the violation of yopur right to peaceful enjoyment of the property. 

You can contact me for consultation. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Well agasint dust and pollution can call the police, act is creating nuisance. Roof cutter is permitted but of manual use size and not heavy one.

But vibrating the whole house by use of it is prohibit, not permitted. Renovation can be done without permission but without hindering the comfort other floor/flat owner.

Call the police for creating nuisance but dust/voice/vibration and constant threat to life and limb due to use of machine. 

If this is causing nuisance to you, and the other neighbours residing in the vicinity, you may take this up with the 1st floor owner and ask him not to use the roof cutter machine and to generally exercise caution ensuing that the renovation work doesn't becomes a matter of inconvenience to the other occupants of the building.

If he turns a deaf ear, aproach the local Police. 

-  According to the Central Pollution Control Board , noise limits have been prescribed for construction equipment , and Regulatory agencies have been directed to enforce the standards for control and regulate noise pollution arising out of construction work.

- Further,  use of roof cutter machine , not making noise only , but can also damage the structure of the building . 

- You should lodge your complaint to the police and MCD for stopping/using the cutter machine in the residential building . 

You can complaint to society, corporation and police but he has a right to work at his place. It will only help you to reduce noise pollution. If roof cutter machine is used less damage will be done to property

1) if any structural alterations are being made by them, they need permission from municipal corporation

2) if no sanction has been obtained move court and obtain stay order against any further construction renovation being carried out .

If the owner of first floor is causing unbearable nuisance in your life through construction activities which is affecting health of you children also then you should make complaint to authorities for stopping the renovation activities or doing it creating further nuisance.

The complaint should be make to society management or municipal corporation.

You can lodge a complaint with the local police about the nuisance and also to the Municipal authorities for the illegal construction carried out by the neighbor and also for carrying out the construction work without taking any preventive measure to prevent the dust and noise disturbing the neighbors.