• Can an association stop owner from making structural changes in a villa property

We have recently purchased a villa in Bangalore which comes with additional land being as this being a corner unit at the dead end. Every villa has an individual Khatha and plan has been sanctioned by BDA. We started the work for extending living room and kitchen without touching the elevation. While putting the foundation, we figured out that there are cables and water pipes belonging to common infrastructure running underneath our property. This is the case also with other units. Association has put our work on hold and is telling us not to do any structural changes as it can damage the common infrastructure also citing legal issues with regards to structural changes in the existing plan. 
Can association stop an individual from doing such renovations? 
What actions should I take in case the association doesn't agree? 
Is it illegal to do modifications in a gated community like villa or row houses? 
Can I take an approval from BDA ?
Can I legally ask Association or Builder to remove common infrastructure like main water pipelines and feeder box from my property?
Asked 4 years ago in Property Law
Religion: Hindu

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11 Answers

Association can file an injunction suit against you for deviating the approved plans and also for altering the structure which is called as structural changes.

You may have to obtain a fresh approval from the competent authorities approving your proposal to construct the additional structure as per your plans and then produce the same before association  while issuing a notice to them to not to interfere in your proposal for the construction of the additional structure as per approved plan sanctioned by the competent authority additionally.

You can take an opinion from the structural engineer and then approach the competent authority with the plan approval on th suggestion by the engineer in this regard.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You cannot do any structural alterations without consent of association and BDA 

 

2) if association refuses to give consent you need to obtain approval from BDA and obtain court orders to direct association to permit you to carry on renovation work 

 

3) you cannot ask association to remove common infrastructure 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No they can't stop you unless the structural changes are hazardous to other property residents in the said society

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Can association stop an individual from doing such renovations? 
yes it has all the right

What actions should I take in case the association doesn't agree?
you have to file a suit

Is it illegal to do modifications in a gated community like villa or row houses?
yes if it does not confirm to the sanctioned plans

Can I take an approval from BDA ?
yes before making any constructions you have to take approvals

Can I legally ask Association or Builder to remove common infrastructure like main water pipelines and feeder box from my property

idont think so

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1. Yes, you cannot do any renovation work or changes in the villa without getting the consent of association , if this rule is already mention in the specific associations rule. 

2. If association not agree , then you can file a suit before the court for directing the association to allow you to carry that work , or you can take approval from BDA.

3. Yes

4. Yes

5. Yes, 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client, 

                  The Association can legally stop you from making such renovations,however, making modifications in your own villa is not illegal. You can try to obtain approval from BDA and if unable to convince them, you may also consult a lawyer specializing in land or real estate matters.

Thanks & Regards

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Any villa owner has the right over the property as described in the title document. The additional land should find a place in the title document and should not have been shown as part of the 'common area' in the approved BDA plan. The association has a right if the additional land lies within the 'common area'. Please check these facts thoroughly and seek the advice of a local lawyer to proceed further.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

1. If you desire to have the construction restructured then you can apply for fresh approval with the BDA, let them give a reply for the reasons rejecting your application or approve the same.

2.  You are to confine to your interests alone.

3. The other owners are not into the proposed structural change hence they would object to your proposal and may not cooperate with you

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Get approval of entire block consisting of all units 

 

if other owners don’t sign application get plan approval for your villa 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can approach court in this matter

Yes you can get approval

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Please have all the documents in your possession including the BDA approved sketch and approval letter examined by a local counsel and seek his advice.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

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