Ms Charu, Kindly consult on through this platform about your boss' issue which was discussed earlier too
Repair of old building
We are seeking advice regarding neighbour interference in renovation work at our house. We own the first floor of a double-storey property with roof rights in West Delhi. The ground floor of the said property is owned by a different family, but the house has been unoccupied for years now. A while ago, we initiated some renovation work on our floor, but the ground floor owners stopped the work, filed a complaint in MCD and a court case against us, which was later settled saying that each owner has the right to do construction work at their respective floor. In light of the same, we filed an RTI inquiring about construction permissions and building bye-laws, where we were informed that such type of permission is not issued by Building Department, West Zone, SDMC. And that the owner can carry repair/renovation work as per Clause no. 2.14 of “Building Permit not required”. Now we wish to re-initiate the renovation. The house was constructed in 1970, and since the ground floor is unoccupied, the base of the building is crumbling. To strengthen the foundation of the building, we need to repair the pillars at the ground floor. The other party has left the house in a dilapidated condition and are refusing to give us permission to begin structural restoration. We seek your advice on the following queries: 1. If the neighbours do not co-operate, and we only need to enter their veranda for the repair, do we need permission from other government authorities? 2. Due to danger of the building collapsing, we are willing to take over the monetary liability which should have been the responsibility of the ground floor owners. Will it be considered criminal trespassing if we begin construction, through the veranda, without entering inside their house, keeping in mind the urgency of the repair required? 3. Do we need to file a lawsuit against the ground floor owners to provide access to the ground floor? 4. Can the local police/MCD stop our construction work even after the previous court ruling that owners are allowed to make repairs?
Asked 3 years ago in Property Law
Religion: Hindu
9 Answers
1) you need permission from flat owner of ground floor
2) if he refuses inspite of legal notice obtain court orders to permit you to enter verandah of ground floor for carrying out repairs at your own cost
3) police would not stop your work in view of court orders
If he refuses permission which court in Delhi will be best to approach and under which clause an urgent hearing can be offered.
Asked 3 years ago
- There is grave urgency as life and property is in danger. You have every right to obtain access with or without consent to enter varandah and carryout repairs.
- That will not be treated as criminal trespass. You act is protected under Section 92 of Indian Penal Code, 1860. After carrying out repairs you are entitled to recover proportionate expenditure from the ground floor owner.
- By the time you get order of Court the whole may collapse. You are required to take repairs right now. Let him go to Court you can defend the case against you.
- Police/MCD cannot interfere. On the contrary if you give a written representation to MCD it has power to demolish any dilapidated construction likely to endanger life and property. You are doing their job. They will not interfere.
You have to file suit in district court in Delhi for necessary reliefs
make interim application for urgent reliefs
Hi,
You can cite section 92 of the Indian Penal Code if you have done the construction in good faith and not with an intention of criminal tresspass. Since yours is a property which is an imminent danger to people living in the house, you can send a legal notice to the owner of ground floor seeking permission to use the verandah. If he doesn't reply within the prescribed time limit, you have every right to obtain access with or without consent to enter varandah and carryout repairs.
1. If neighbour not co-operate , then you can take permission from the concerned authority after sending a compliant for the dilapidated condition of the building , and further narrate that in the absence of non repairing , the building may be collapsed .
- No, permission is required from any authority to enter into the varanda for repairing purposes .
2. No offence for criminal trespass made out , however you should take permission from the neighbour , and if refused then lodge a compliant before the police and MCD.
3. No the ground floor owner creating problems , then you can file an Injunction suit before the court for restraining him from creating any hindrance in repairing work.
4. No , they cannot stop the work.
1. The law permits you to carry out repair works to your own property alone, for which you do not have to obtain permission from your neighbors or even from the authorities concerned. However you are intending to repair the property belonging to your neighbor for whatever reason yo may cit.
If you feel that your building is in danger of getting demolished due to the weak pillars supporting it from the ground floor, you may have to seek permission to strengthen the pillar from the ground floor owner.
If he refuses to give permission and the situation turns out to be grave risky for in-habitation, you may approach the local civic authorities seeking permission to carry out repair works involving the structure of the building underneath your building.
If the authorities are reluctant or do not grant permission then you may approach court with a suit for mandatory injunction against the ground floor owner seeking to restrain him from preventing you to carry out the proposed works.
1. You would need the ground floor owners consent before entering their property e for doing any construction work in the property owned by them. That's a prerequisite. After that permission from MCD would be required.
2. It would amount to criminal trespass if you enter their property without their permission even in your situation.
3. Yes. File a suit for declaration and injunction in civil Court.
4. They can but that's an issue for a much later stage.
You will have to to approach civil Court in your jurisdiction for the same.