• Construction of Half built 2nd Floor to full Floor.

Hello,

We live on a 145 sq mtr plot at 2nd floor Half built builders flat along with roof rights  in East Delhi's E-Zone Society. The building is 26 years old , Ground and First floor is occupied by different families. There is No Stilt Parking. 

our queries are
1. Can we construct complete 2nd Floor WITHOUT NOC
2. What are the MCD approvals needed.
3. Is Stilt Parking is must for completing 2nd Floor.
4. Where can I Find Language for NOC, if it is Needed

Appreciate your support.

Regards,
Sarvesh
Asked 5 months ago in Property Law from East Delhi, Delhi
Religion: Hindu
1) you need NOC to complete construction 

2) floor plans have to be sanctioned by MCD 

3) the NOCissued by other flat owners should mention that we have no objection to construction being carried on the 2nd floor and we hereby consent to floor plans approval be given by MCD 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1. Can we construct complete 2nd Floor WITHOUT NOC

You cannot construct additionally in the plot or site which do not belong to you even if you get NOC 





2.  What are the MCD approvals needed.

Building plan approvals are required to be approved by MCD







3. Is Stilt Parking is must for completing 2nd Floor.

Not necessary.





4. Where can I Find Language for NOC, if it is Needed

From a local lawyer 
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
1) even if you have roof rights you need consent of other go owners to carry on additional construction 

2) once you have written approvals fromMCD and consent of other flat owners you cancarry on construction. Don't foresee any legal complications 
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
2nd Floor is ours, Roof above 2nd Floor is ours (As we have all Roof Rights too). We Have 1 Drawing Room and a Room as current build-up and remaining Roof above 1st Floor rooms is our Terrace. We want to build Rooms over the terrace of 1st Floor, is there any complications here even after having all rights of 2nd Floor. Please clarify.

Whose mistake was it to withhold the details pertaining to the question while posting queries seeking clarification.
Had you posted the above details with your original query you could have avoided the unpleasant situation.
Well in the given situation, until you are not planning to build a structure in the common area there should not be a problem to build an additional structure in the open or vacant plot that belongs to you absolutely. If you have the terrace rights of the first floor and roof rights of second floor then what is that stops you from obtaining a plan sanction or approved for further construction, by the authorities. In my opinion you may proceed with your proposal.






My Second Question is, after having NOC from all owners and all necessary building Plans and approvals from MCD, can other owners still hinder the progress of construction? I do NOT want any legal complications once work is started.

The other owners after giving NOC cannot object or hinder the progress of the proposed construction.
As a matter of fact there is no necessity to obtain NOC from others for constructing additional structures in your place when they do not have any rights or semblance of interest in it.

During the process or progress of the construction, if you anticipate some mischief by any of the mischievous owner, you may file a caveat in advance against them so that they do not obtain any exparte injunction against you.
T Kalaiselvan
Advocate, Vellore
13964 Answers
127 Consultations
5.0 on 5.0
NOC is not required but you require the sanction of MCD to construct the second floor. Factors such as the existing condition of the building, the harm that may be caused to it if alteration/addition is made thereto, unhindered air and sunshine reaching the neighbours have to be borne in mind while considering your request for sanction. 
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0

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