• Conversion of hall into bed room. Before conversion one bed room and after conversion two bed rooms.

In an apartment, Builder has not extended the square feet but he has built one more bed room from hall. I am buying in second hand. I have approved plan for single bed room. Is it create any problem in re-sale.
Asked 6 years ago in Property Law
Religion: Hindu

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16 Answers

See it can create issue in resale if the construction is not as per the plan approvals as structural changes are not allowed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Though the changes in internal layout of permanent character also requires permission form the local authority , the violation of the same is not of very serious type.

Hence this irregularity is often ignored by the Municipality or no penal measures is taken.

So you can safely proceed to buy this property. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Conversion is not as per sanctioned plans 

 

your plan is only for single bed room 

Ajay Sethi
Advocate, Mumbai
99823 Answers
8148 Consultations

No, problems at the time of selling.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. You can apply for plan approvals though decision shall be on the department to approve same or not.

2. The bank can reject same on this ground. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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.

This seems to be an illegal act, hence you may better take permission from the society for this or lok for ways to reshape it to original  construction by removing the alteration

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

Changing  the existing horizontal or vertical dimensions of the structure. is illegal.

Replacing or removing any structure of load bearing walls is also illegal.

Making any alterations or additions to your flat before getting consent from the society is also illegal.

  • 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 this renovated work.

You may apply for regularisation of this deviated  work from the competent authority, but the chances are very less.

 

T Kalaiselvan
Advocate, Vellore
90025 Answers
2497 Consultations

You can approach the authorities for regularisation of changes made in flat by paying the regularisation charges 

 

you should get bank loan 

Ajay Sethi
Advocate, Mumbai
99823 Answers
8148 Consultations

1. Yes, you can apply for it but in mot of the cases people does not apply fr it.

2. They would ignore it. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

1. IF the basic Structural changes have not been made for converting into Bedrooms, THEN there is no permission required from the local civic body and neither any changes in the sanctioned plans are required, atleast legally.

2. The Loan shall be granted, more so since the above is not related to any illegality and also above does not reflect on your credit worthiness or your ability to repay. Hence you are advised to peacefully proceed into your new home.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The entire Apartment is covered under square feet scheme and you can change the internal living space as per your desire by approval from the resident welfare Association if any but you cannot change the external factor of your apartment that is prohibited by the Apartment Act you need to speak to your resident welfare association for the Builder in this regard to get the approval so that you can make the changes as required it should not disturb the structure of the building in anyway otherwise it may create legal as well as financial issue for yourself in case there is any compensation claim because of the change of the structure of the apartment

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Yes it will create problems as the new owner may not be so flexible as to accept deviation from the plan.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Internal variation - no problem. But make sure OC is issued.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

No addition or alteration of existing flat in an apartment can be done without the consent or approval from the local authority .

 

Mohammed Mujeeb
Advocate, Hyderabad
19327 Answers
32 Consultations

any alteration will require inspection and approval from your local authority team. So talk to them as soon as you can.

Once local authority regularised,  you can apply for loan.

Mohammed Mujeeb
Advocate, Hyderabad
19327 Answers
32 Consultations

1. If not in plan it's difficult. 

2. They may ignore

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

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