Gym in a builder operated club causing disturbance to resident living

897 votes

you can file under crpc for creating nuisance to your living the maintenance and aoa are internal committee so you can appeal to the court they are creating nuisance you can report it then the court will decide

Advocate Spiti Sarkar LawRato

881 votes

your query can be answered better if you would have mentioned the name of your city. In which City do you live? you should make complaint to development authority of your city, RERA. after this you can move to court

Adovcate Piyush Pandey LawRato

563 votes

visit advocate with project brochure u must have got while booking thus property, your sale deed along with other commitments regarding the property offered by the builder while launching the project , check approvals regarding the project too. your problems can be reduced with few limitation on gym activities.

Advocate Vijay Kumar Shukla LawRato

675 votes

What you are facing is not a “normal apartment issue”. Legally, this is a nuisance + violation of peaceful enjoyment of property, and the maintenance company’s reply is incorrect and unsafe for you. Please understand this clearly: Just because the gym was provided by the builder does not mean residents below have to suffer daily noise, vibration, or damage to walls. High-rise buildings have strict norms regarding noise, vibration, structural impact, and use of heavy equipment on upper floors. Why this is serious: • Repeated dropping of weights can cause structural stress • Continuous noise violates Noise Pollution Rules • Loud music and vibration amount to private nuisance • Builder and AOA both have legal liability, not immunity Maintenance saying “we can’t do anything” is legally wrong. They are responsible once complaints are officially raised. What usually works (and what people miss): This issue does not get solved by emails alone. It requires formal legal escalation, otherwise they ignore it forever. Depending on facts, remedies can include: • Legal notice to Builder + AOA + Maintenance • Direction to relocate heavy gym equipment • Restriction on timings and sound levels • Structural safety inspection • Injunction if damage risk is proven Most residents make the mistake of complaining casually and waiting. That weakens their position. Important warning: If wall damage or cracks appear later and you have not taken legal steps now, builder/maintenance will deny responsibility. This is a matter where proper drafting and escalation matters more than arguments. I regularly handle such disputes online, from home, without residents having to run around offices. If you want this stopped permanently and legally, contact me. I will assess your case and take it up the correct way so that noise and damage do not continue. Adv. Vaibhav Sangam Mishra High Court | Sangam & Sagar Law Office LLP

Advocate Vaibhav Sangam Mishra LawRato

895 votes

You need to first approach your Municipal Cooperation,Fire Department and Development Authority as most of the Municipal Bye laws don't allow commercial activity like Gym on high rise apartment floors,you can also complain in RERA if that's against sanctioned plan moreover you should also move an application to SDM for Excessive noise and vibration, danger to structure and associated health hazard above all if nothing works then you can approach the civil court with a civil suit for its permanent closure. The court can order the permanent closure of gym if it's proved in the court that it's illegal and ofcourse it's hazardous for the people living and to building structure.

Advocate Ravikant Mani Tripathi LawRato