Builder had unauthorizedly constructed 2 flats in the cellar and keeps control
5 months ago
Builder constructed illegally/unauthorizedly in the cellar of the building, two 2BHK flats in semi-furnished state in the new apartment building of 40 flats. When association people confronted the builder apparently agreed/settled for Rs.1.6L towards some wiring and constructed material. Association members did not ask builder for a formal written document stating the handover, just take keys from builder. I recently purchased flat in this new building and find that this way is not correct. I learnt these properties cannot be registered to the association. I suggested to association that atleast take in written form on a stamp paper that builder will cede access to the association to those 2 flats. I also question association that in future any legal issues due to unauthorized construction who will bear consequences ? Association just negotiated to pay 1.6L (Rs.4000 each for 40 flats) and handover the amount to builder and take keys.
In the absence of a Completion Certificate and Occupancy Certificate issued by the Municipal Authority on the approach of the Builder/Developer, taking possession of the constructed flats by the purchasers may face a variety of legal consequences in the future. Even the housing complex can not form a society or association and get registered under the relevant Act. So, in the prevailing situation, in the absence of any written agreement, when the payment was made to the Builder, for resolving the entire consequences you may collectively escalate the grievance aginst the Builder either before the RERA or the Consumer Court for a resolution in the matter ASAP.
The builder's construction of two flats in the cellar without obtaining the necessary approvals from the relevant authorities is illegal and violates building regulations. The association should immediately request the builder to provide a formal written document on a stamp paper, clearly stating the handover of the cellar flats to the association. This document should be notarized for legal validity. The association should be aware that any legal issues arising from the unauthorized construction could affect all apartment owners. The association may be held liable for damages if the unauthorized construction compromises the building's safety or violates building codes.
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