Advice on a 1bhk terrace flat in ulwe NAVI Mumbai
2 months ago
need your advice on a 1bhk terrace flat in ulwe NAVI Mumbai where in the original plan builder had shown 1bhk + large terrace. However later during obtaining final cc, he changed the plan and made it double terrace with 1bhk where entry to bedroom was shifted to hall near the main door. After several payments we were shown the new plan. Upon discussion with builder he said that we can convert one of the other terrace which was originally planned as bedroom to convert to bedroom after OC. So the same was done by casting a RCC slab after checking the loads and safety by structural engineer to convert to bedroom. Also other terrace was covered with metal sheet roof for weather proofing after society formation. This is on the 11 floor. Society is asking to demolish the construction stating it’s illegal. Can I regularise this construction. Thanks
I see that your building has a lot of inconsistencies. Before you receive the possession letter, ask your builder to properly obtain approval for every single plan.
Anything that is not revealed to the corporation, which is the relevant authority, will cause problems later on, particularly if you want to sell it.
For more specification consult a civil lawyer.
Thanks
Any construction in deviation from the approved building plan makes the construction illegal and unauthorized. especially after the issue of CC or OC by the Building plan-approving authority. The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of the multistoried building. Legally, a Builder cannot sell the terrace of any multistoried building which is known as a common area usable by all the floor owners of the Building. So, the society's stand on the matter is right. There is no other way to regularise the unauthorized construction.
The situation you described involves modifications to the original plan of a 1BHK terrace flat in Ulwe, Navi Mumbai, after obtaining the final CC. While you took steps to convert one terrace into a bedroom after obtaining an OC and sought structural engineering approval, the society is now insisting on demolishing the construction, deeming it illegal. To address this, it's crucial to consult with a local architect or a legal professional well-versed in construction and property laws in Navi Mumbai. They can assess the specific circumstances of your case, review the modifications made, and provide guidance on potential regularization options. Regularizing construction often involves complying with local regulations, obtaining necessary approvals, and paying applicable fees. Your lawyer or architect can advise on the best course of action, potentially helping you navigate the process of legalizing the alterations to your flat within the bounds of the law.
Thankyou
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