• Construction 3rd Floor

I have a 2nd floor (48meter) with roof right. I want to construct 3rdfloor. But the builder said i need noc from owner of first floor and ground floor. The first gloor owner demanding 4 lakh and then he will give me noc. The property is 16 year old . What should I do now?
Asked 5 years ago in Property Law
Religion: Hindu

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24 Answers

You need NOC of other flat owners to carry on construction of additional floor 

 

2) bargain with him offer to pay Rs 2 lakhs but if he is adamant pay Rs 4 lakhs 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Yes,Definitely it is possible. 

Please approach qualified architect who would prepare blueprints for your third floor plan to be submitted to MCD for approval..

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

MCD would not sanction floor plan without NOC 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

For additional construction consent of other flat owners is required 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

1. For raising construction of permanent nature taking prior permission from the local Municipality or the Panchayat  is mandatory .

2. Therefore before you add any floor do submit a building plan sketched by a an architect and submit the same before the Municipality for its approval. 

3  Since you are not the owner of the whole building then unless and until you are sole owner over the roof as well you can not make addition of the floors. 

Devajyoti Barman
Advocate, Kolkata
23659 Answers
538 Consultations

The law is clear that you have to obtain NOC from other occupants of the building. 

You can negotiate the amount with the ground floor occupant and settle the issue amicably. 

If you plan to tackle this issue legally   he may obtain a stay order against the proposed consultation and it may take years for you to start it afresh. 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Even MCD would be insisting NOC from other floor owners to sanction approval. 

It's up to you to plan further. 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Once you submit the plan for approval,  the first question by MCD shall be the NOC from other floor owners. 

Don't cut a sorry figure at that time. 

T Kalaiselvan
Advocate, Vellore
90166 Answers
2505 Consultations

Dear sir/ma'am,

You do not require an NOC from the owner of first and second floor. Even though such practice of demanding NOC from other floor owners continues, the same is completely illegal and can be challenged in Delhi High Court. In fact there have been such cases where the court has directed MCD to allow the construction of additional floor without such NOC.  

There is no need to bow down to such pressure tactics and spend so much money.  

You can contact me or any other Delhi based lawyer dealing with such matters. I can provide you with a thorough legal opinion after obtaining all the details.

  

 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

Ask the same under RTI to them under which provision they are seeking such noc

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

Yes, it is compulsory.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

Kindly check your rights, what is written in the agreement at the time of purchasing this flat. If the rights are to construct than no need to take NOC from other members. 

 

If the rights are to use only than you need to take NOC from other members. 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir/Madam,

It is suggested that said NOC from other floor owners is necessary and then only you may approach the MCD for 3rd Floor plan sanction. 

 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Roof comes under common area. All have equal share. If you have exclusive uninterrupted right on roof than dont care for NOC and proceed with construction after sanction by MCD.

MCD may ask for NOC which you have to manage.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

NOC from others are not mandatory but approval from MCD is mandatory for additional vertical and horizontal construction in the premises sdding to Original Approved Plan.

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

You should file an application before the municipal corporation for granting you permission. The permission can be sought too and any reasonable demands may be agreed to.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

NOC is required.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

IT can be sanctioned if you show every other thing in order.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

- Since, you are owner of the second floor portion only , then even if competent authority will allow you to construct extra floor , then the other owner of first & ground floor can lodge their compliant before the MCD against the said construction on the ground of building poor structure etc. 

- But , after inspection of the building , if competent authority i.e. MCD allows you construct extra floor , then the permission of other owner not required . 

- Otherwise, you have to amicable settle the matter with the owner of other floors. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Yes, NOC from other floor owners is required.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

you need NOC from other owners. you can construct third floor over the said property once you obtain NOC.

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

the legal way to construct is to apply for sanction of site plan of the proposed third floor to the municipal corporation of your area. after completing all the formalties they shall issue sanctioned site plan to you. Thereafter you can raise construction. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

Without Noc they cannot sanctioned. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

1. You don't need NOC from owners of other floors because you have roof rights. 

2. You just need to take approval for construction from MCD.

3. MCD will sanction plan without NOC from owners of other floors.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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