A.
Dear Client,
The concerned Municipal Corporation is responsible for regulating and enforcing building bylaws, including taking action against unauthorized construction and they are empowered to take action, including demolition, once a complaint of unauthorised construction is received or reported to the Municipal Authority. The Builder of such flats having unauthorised construction can face legal consequences including the order of demolition, even if he or she sells the said flats to others. An undivided share (UDS) of land on which an apartment building constructed is collectively owned by all apartment owners and gives them a right to use and enjoy the common areas, but no exclusive possession of any part of the land. It grants you rights to the land and common facilities like parking, lifts, and corridors within the complex. The UDS is a legally binding component of your property ownership and is documented in your sale agreement and conveyance deed. Further, it clarifies ownership responsibilities, ensuring that the builder/developer has transferred the proportionate title of the land to the flat owners. Once the issue of unauthorised construction is resolved, you may escalate your grievance/complaint against the builder either before the RERA or the District Consumer Commission under the Consumer Protection Act seeking appropriate relief. The complaint should be filed within two years from the date of the cause of action.
Posted On 21-Sep-2025
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