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Builder made extra floor did not give OC can society redevelop
06-Jul-2023 (In Property Law)
Our is a 20 yrs old bldg, original plan was G+4 but builder made it still+5, he wanted to obtain OC with changed plan and then construct the ground floor as well but this could not happen and now he is even refusing to help us gain OC. Can in such case 5th floor termed as illegal. Since OC is not obtain but society has been formed almost 18yrs ago, can society go for redevelopment with other builder, can the previous builder object to it. Or can the society carry out repairs to the building and make use of additional FSI to create additional Rooms for few flats
Taking into consideration the above.
since the fifth floor of your building is illegal . Hence the NOC is not given by the authorities.
The authorities are also refusing to grant NOC.
For redevelopment the society can go for it.
However it is unto the builder/ developer to take the project with irregutlatires.
Best Regards
adv Harshad Rathod
since the fifth floor of your building is illegal . Hence the NOC is not given by the authorities.
The authorities are also refusing to grant NOC.
For redevelopment the society can go for it.
However it is unto the builder/ developer to take the project with irregutlatires.
Best Regards
adv Harshad Rathod
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Adv. Harshad Rathod
Pune | 100+ Answers
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No he can't get OC for changed plan. Yes as per sanction town plan the construction is legal apart from this rest will be treated as illegal structure.
Definitely society can go for redevelopment as per redevelopment policy .
As u have done society and builder have handed it to society then no question of objection from builder. Builder have no right on the building since society have all right for its redevelopment.
Definitely society can go for redevelopment as per redevelopment policy .
As u have done society and builder have handed it to society then no question of objection from builder. Builder have no right on the building since society have all right for its redevelopment.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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