Fencing the society by developer
10 months ago
can you tell me if it is legal to start fencing a society by the builder without giving the society IOD or DA
A.Dear Client,
From the query, it appears that the housing complex is still under the hand of the Builder or Developer and there exists no registered society to manage the activities of the maintenance of the housing complex. Fencing of Society is a part of the maintenance work which is taken care of either by the Builder/Developer or a registered housing society. On the formation and registration of a registered society, Builder/Developer handed over the maintenance of the housing complex to the Society. So, in the absence of Society, Builder is responsible and dutybound to take care of the maintenance and protect the common interest of the residents living in the housing complex and need not to take permission from any individual resident of the complex for carrying out the maintenance work. However, if there is a registered housing society and Builder has handed over the maintenance jobs to the Society then Builder is dutybound to take permission or approval of the Society before undertaking any maintenance or construction jobs. Society may lodge a complaint against the Builder before the Civic Authority or Licensing Authority of the Builder/Developer for unauthorized construction work.
From the query, it appears that the housing complex is still under the hand of the Builder or Developer and there exists no registered society to manage the activities of the maintenance of the housing complex. Fencing of Society is a part of the maintenance work which is taken care of either by the Builder/Developer or a registered housing society. On the formation and registration of a registered society, Builder/Developer handed over the maintenance of the housing complex to the Society. So, in the absence of Society, Builder is responsible and dutybound to take care of the maintenance and protect the common interest of the residents living in the housing complex and need not to take permission from any individual resident of the complex for carrying out the maintenance work. However, if there is a registered housing society and Builder has handed over the maintenance jobs to the Society then Builder is dutybound to take permission or approval of the Society before undertaking any maintenance or construction jobs. Society may lodge a complaint against the Builder before the Civic Authority or Licensing Authority of the Builder/Developer for unauthorized construction work.
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A.Dear client,
The legality of starting the fencing of a society by the builder without giving the society the Intimation of Disapproval (IOD) or Development Agreement (DA) may vary depending on local laws and regulations in your jurisdiction.
In many cases, builders are required to obtain necessary approvals and permissions from relevant authorities before starting any construction activities or making changes to the property. These approvals typically include the IOD and DA, among others. These documents ensure that the construction or development project complies with applicable laws, regulations, and building codes.
If the builder has initiated the fencing without obtaining the required approvals, it may be considered a violation of regulations or unauthorized construction. The society or its residents may have the right to challenge such actions and seek legal remedies.
To determine the specific legality of the situation in your case, it is advisable to consult with a lawyer who specializes in property and construction laws. They will be able to assess the relevant laws and regulations in your jurisdiction and provide you with the most accurate legal advice based on the specific details of your situation.
The legality of starting the fencing of a society by the builder without giving the society the Intimation of Disapproval (IOD) or Development Agreement (DA) may vary depending on local laws and regulations in your jurisdiction.
In many cases, builders are required to obtain necessary approvals and permissions from relevant authorities before starting any construction activities or making changes to the property. These approvals typically include the IOD and DA, among others. These documents ensure that the construction or development project complies with applicable laws, regulations, and building codes.
If the builder has initiated the fencing without obtaining the required approvals, it may be considered a violation of regulations or unauthorized construction. The society or its residents may have the right to challenge such actions and seek legal remedies.
To determine the specific legality of the situation in your case, it is advisable to consult with a lawyer who specializes in property and construction laws. They will be able to assess the relevant laws and regulations in your jurisdiction and provide you with the most accurate legal advice based on the specific details of your situation.
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