• Modification within the apartment

Hi , I intend to create an access from a bedroom to the common bathroom within my flat ( i.e., bedroom to the common bathroom which now has a door opening to the living room). This is so that I can make it a bedroom with an attached bathroom. This will mean I break the wall partially and replace it with a door. ( door size 3*7.5 ft)

The wall is internal to the flat
It is not a load bearing wall
No beam or pillar is being removed
This will not result in any external modification

I had to apply for permission from the association, however, I notice that the association form states that 'wall breaking ' is not allowed.
 
My question is whether such a restriction can be placed by the association especially since this an internal , non load bearing wall.
If the association is adamant about this restriction, what remedy do I have.
I am based at Bangalore Karnataka

Thanks
Asked 6 months ago in Property Law
Religion: Christian

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7 Answers

It does not amount to structural alterations 

 

2) if association refuses to grant permission obtain court orders to permit you to carry out alterations 

specify nature of alterations 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

  'Wall breaking ' is not allowed,’ means what it says. Is such qualification is made as load bearing or not load bearing, it will be impossible to prevent wall breaking. I am afraid, you do not have much leeway.

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 Consultations

5.0 on 5.0

Your justification like it is not a load bearing wall is not acceptable because you are making a structural change in the flat which is not permitted as per law.

If at all you would like to make the alteration to the flat you may have to first get NOC from the association and then take permission from the competent authority, i.e., local civic body for making such alterations. 

Even if the association is not granting permission, you may first assess the situation through an architectural engineer, along with his report you may approach the authority namely BBMP or BDA whichever is the controlling authority, with an application requesting to permit you make the structural changes, if they permit after assessing the matter as per law and the report by the engineer, you may go ahead with intimation to the association in writing about the permission granted by the competent authority.

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

Your society bye-laws have to be studied to find solution. 

You have to take approval from authorities then association can not do anything.

Ankur Goel
Advocate, Bangalore
454 Answers

4.9 on 5.0

Dear Client,

In most cases, knocking down an internal wall will require Building Regulations consent, although there are times when it may not be required. 

 

When removing internal walls, Building Regulations will usually apply if they're providing any protection in the case of a fire. Building Regulations will likely apply to load bearing walls, chimneys, fireplaces or walls around staircases, especially in the instance of a loft conversion, for example, where the walls around the staircase offer protection, allowing you to escape in the event of a house fire. 

 

Removing these walls would require Building Regulations consent, even if they’re not load bearing.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

The association has no legal right to impose such conditions. You are well within your rights to carry out the alterations if the conditions you have stated are complied with, namely: The wall is internal to the flat It is not a load bearing wall No beam or pillar is being removed This will not result in any external modification.

 

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

If the same will not create any damage to the beams and entire building structure you can do it. Take a architect certificate for the same

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

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