Can land owner construct a private guest house on terrace which was not there in plan?
2 years ago
We had bought a flat in an apartment which has 4 floors and the parking lot. Actually the land owner has given land to builder to construct the apartment on 50:50 shares. Now the same land owner is shifting to 4th floor. He is planning to construct a guest house for him privately on terrace. Is this legal ?
A.Look for the JDA and the sanctioned building plan by the Local Authorities. If the plan does have it then its fine. If the plan does not have it then you must object it and should bot allow this happen. This will be an illegal construction inviting the wrath of the authorities and other issues.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary to scrutiny the Common areas specified in the Joint Venture Agreement as well as in your registered Sale Deed. Usually Terrace/ roof comes within the purview of the "common areas" without any right for making any construction thereon. In such case you have to give legal Notice to the Owner and the Builder for stop construction upon that common area and in default you have to take injunction Order from the Civil Court restraining such construction upon the common area causing serious prejudice to other residents of the building. At the same time it is necessary to submit written complaint before your local Plan sanctioning Authority( Municipality/ Panchayat) regarding the said fact of unauthorized construction( as and when the same will be started) upon the common area by the Owner in gross deviation to the sanctioned Plan,praying for appropriate legal action as specified in the Statute.
However,if in the Joint Venture Agreement by and between the Owner and the Builder,such Terrace is considered as of the Owner and there is sanctioned Plan for construction on that terrace then it is legal .
However,if in the Joint Venture Agreement by and between the Owner and the Builder,such Terrace is considered as of the Owner and there is sanctioned Plan for construction on that terrace then it is legal .
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Aapko apartment banate time kya conditions rakhi gai thi vah dekhna aayasyak hai. Kya malik 4th manji ke upar chhat ka malik hai. Vahan par paradhikarn lagu hai. Kya Malik dwara paradhikarn dawara koi permission li gai hhai.Kya paradhikarn aisa karne ki permission de sakta hai. Ye sab baate dekhni aayasyak hai.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello, please look over the contents of the landowner and builder's discussions. It is legally lawful if the builder has been given authorization. If nothing of the type was specified, however, it was not legally binding. You can approach the owner or give legal notice to the builder in the case of illegal construction.
I appreciate it. Please give your opinion on the response.
I appreciate it. Please give your opinion on the response.
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A.Hi,
kindly check the contents of the deliberations between the landowner and builder. If the builder was given permission then it is legally valid. However, if nothing of that sort was mentioned then it is not legally valid.
Thank you. Kindly rate the answer.
kindly check the contents of the deliberations between the landowner and builder. If the builder was given permission then it is legally valid. However, if nothing of that sort was mentioned then it is not legally valid.
Thank you. Kindly rate the answer.
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