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Illegal construction of penthouse on the terrace 15 years ago
16-Dec-2023 (In Civil Law)
Hello, I am an owner of a flat in an apartment society in Baghamberpet, Hyderabad, and am also one of the committee members of the society. There is an unauthorized and illegal penthouse constructed by the builder himself more than 15 years back and was subsequently sold to the current owner. The current owner happens to be the secretary of the society too. My query is...can a case be filed against this illegal construction and can we request the municipal authorities to demolish the illegal construction? This particular penthouse was constructed illegally more than 15 years ago. Does an illegal construction become legal automatically after a certain period if the authorities have failed to take action till now? Where and how do we lodge a complaint or file a case?
An illegal constructed building or house is always illegal until it was regularized through govt scheme,but in your case before you proceed you need to clarify the following requirements
File an RTI askING details of
Approved Building plan
Building completion date/ certificate if any
Occupancy certificate
List of registered owners
Whether regularzed through BRS scheme or Not
When u get the following information then only u will get the perfect idea what can be done.....
File an RTI askING details of
Approved Building plan
Building completion date/ certificate if any
Occupancy certificate
List of registered owners
Whether regularzed through BRS scheme or Not
When u get the following information then only u will get the perfect idea what can be done.....
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Adv. Khaleel Ahmed Khan
Hyderabad | 100+ Answers
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Hello Sir, there is no provision that an illegal construction will be legal automatically after a certain period, unless the government authorise it to be legal. Till today no provision is there like that.
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Adv. Geeta Tirandasu
Hyderabad | 100+ Answers
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Hi
An illegal construction will always be illegal irrespective of passage of time.
Even if it is an illegal construction, Municipality as per law might be levying property tax along with penalty for unauthorised construction(UAC).
Please note that payment of municipal property tax DOES NOT MEAN that the construction of pent house has been legalised.
The fact that the state government of Telangana has introduced Building Regularisation scheme , which is an amnesty scheme for irregular and illegal constructions, the owner of the pent house should make an application for building regularisation under BRS scheme.
Also since the introduction of Building Regularisation scheme, many illegal constructions are taking umbrage under the said BRS and getting injunction orders against demolition at the drop of the hat.
So in the given scenario, the best option would be is to regularise the illegal pent house construction without altering the undivided share of land of other flat owners.
An illegal construction will always be illegal irrespective of passage of time.
Even if it is an illegal construction, Municipality as per law might be levying property tax along with penalty for unauthorised construction(UAC).
Please note that payment of municipal property tax DOES NOT MEAN that the construction of pent house has been legalised.
The fact that the state government of Telangana has introduced Building Regularisation scheme , which is an amnesty scheme for irregular and illegal constructions, the owner of the pent house should make an application for building regularisation under BRS scheme.
Also since the introduction of Building Regularisation scheme, many illegal constructions are taking umbrage under the said BRS and getting injunction orders against demolition at the drop of the hat.
So in the given scenario, the best option would be is to regularise the illegal pent house construction without altering the undivided share of land of other flat owners.
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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