• Bulder building 4 floors near my houe

The builder is going to build a 4-floor house, what precautions should I take so that my house is not affected. Please provide in detail for this. My House No. is 29 and the house which is to be constructed by builder is 28.

2. I am a resident of Delhi. Any rules framed for safeguarding my house from the construction of my nearby house, please provide a soft copy. 

thanks 

TANUJ MEHTA
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Check whether construction is carried out as per sanctioned plans 

 

2) if any unauthorised construction is carried out complain to the authorities 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

Make sure that he has obtained permission from the MCD and the map has been sanctioned. Obtain a copy of the same through RTI.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Obtain a copy of sanctioned plan for construction of neighbor’s four storied house from MCD. You need to ensure that the construction is strictly as per the  plan. If any deviation is noticed immediately complaint  to MCD if even after complaint the  construction continued, approach civil Court and obtain injunction against deviated construction. Confirm  that rues as to set-backs in front, back and sides are maintained.

Ravi Shinde
Advocate, Hyderabad
5134 Answers
42 Consultations

Builder is entitled to carry on construction on the plot of 4 floors as per plan s sanctioned by the muncipal corporation 

 

2) 

construction sites should be covered from all sides using tin sheds. The sites measuring more than 20,000 square metres will have to deploy anti-smog guns.

Vehicles carrying construction material should also be covered. There should be no collection of construction and demolition (C&D) waste on roadside. Besides grinding of stones will also not be allowed in the open, the guidelines stated.

 

Ajay Sethi
Advocate, Mumbai
99821 Answers
8147 Consultations

If it voilates any of permission of municipal Corporation you can challenge the same in court else you can't

Prashant Nayak
Advocate, Mumbai
34545 Answers
249 Consultations

You cannot prevent or stop the builder building a house adjacent to your house.

If the builder is ensuring the safeguard measures while constructing in his property, you cannot claim any damages too.

Of you suspect the builder to construct the house in an illegal manner, i.e., without obtaining permission or approval  from competent authorities then you can lodge a complaint agaisnt the builder.

 

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

What is your concern especially in what way are you affected if the neighbor is constructing a building which is adjacent to your house, you have not specified your problem while seeking opinion  or suggestions. 

While the city allows construction on just 75 % of the land till a height of 15 metres (ground+3) leading to a maximum Floor Area Ratio (FAR) of 300, most houses in Delhi are built on the entire land leading to an FAR of 400. The fourth floors of such houses are considered illegal and are in danger of being demolished.

Currently as of now in South Delhi Ground + 3 Floors are allowed to be constructed. Current Allowed configuration for residential buildings in South Delhi and entire Delhi is as follows: Basement + Stilt Parking + Ground Floor + First Floor + Second Floor + Top Floor + Terrace.

T Kalaiselvan
Advocate, Vellore
90022 Answers
2497 Consultations

- Legally , you cannot restrain the said builder for carrying on construction work therein its premises. 

- However, if you having suspicion , then you can enquire from the office of MCD and other competent authority for knowing , whether he has received permission for the same or not. 

- Further, if the said construction work damage you house , then you can claim compensation for the same ,and also can lodge a compliant against him. 

Mohammed Shahzad
Advocate, Delhi
15819 Answers
242 Consultations

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