• Deviation while breaking internal wall in single flat

Hi,

The construction of the flat I purchased in Bangalore is almost complete. On the advise of an interior designer, I am considering to break an internal wall between the kitchen and utility area since kitchen is very small. However the builder is not allowing it as they say it is a deviation and could affect the procurement of Occupancy Certificate.

How can I proceed on this matter ?
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Christian
As you are required to obtain occupancy certificate by the competent authority, they may or may inspect the property to issue the certificate however since you can anticipate them to visit, why do you want to hurry up such alterations, why dont you wait for some more time and then get it altered internally and secretly, nobody will object after that. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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Well, this indeed is very minor changes and does not entail deviation of sanctioned building plan.
However since he is opposing you better wait for sometime till the issuance of OC and after taking possession of the flat he can carry out such change.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
1)you cannot beak the load bearing walls 

2) no structural alterations are permissible in the flat 

3) wait for OC to be issued by the municipal corporation for your complex 

4)if internal wall is not a load bearing wall with builder permission you can remove the same 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
changes inside the flat will not amount to deviation, check with the civil engineer before agreeing with builder. Normally internal changes will not be considered deviations, however since this is the internal wall between the kitchen and utility area it could be the main supporting pillar/wall within the building, hence builder may be objecting to the breaking of this wall.
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. The builder is right. The deviation may hinder the OC.

2. Without the consent of the builder you cannot break the wall. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. The builder is right. Your such demolition may adversely affect receiving of O.C. by the builder,

2. Do it after the O.C. is collected when no body is gong to see.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1) OC is issued after the building has been completed as per sanctioned plans 

2) builder has to follow up with Muncipal corporation for issue of OC 

3) you would need builder consent to remove the internal wall 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
See once you get the possession and the registration of flat is made you can do the same. as then the builder shall have hardly any control over your actions.
Devajyoti Barman
Advocate, Kolkata
5176 Answers
54 Consultations
4.9 on 5.0
Thebuilder will tell  thousand things, just keep nodding your head because it is he who has got to apply and obtain the OC from  the Municipal/Corporation authorities.  You may pressurise him to get the certificate first and proceed with your internal modifications without making a fuss over it by unnecessarily worrying about the permission or sort of things.
You may await the grant of OC before you are heading  with your proposal for renovation. 
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0
1. Now a days the flats are constructed based on pillars and there is hardly any load baring walls,

2. See the brochure or the agreement for sale wherein the clause of not changing/altering the construction might have been mentioned,

3. however, the authority may pick up issues to refuse giving OC to the builder and such breaking of wll may be an important weapon to arm twist the builder for making some gain,

4. So, it will be prudent on your part to wait till the builder gets OC,

5. It may take any thing between 1 month to  year depending on how your builder is pursuing the matter with the authority.


Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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