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dispute regarding illegal extension of balcony/terrace
21-Jan-2023 (In Property Law)
I purchased ready made terrace flat in 2011 were terrace was covered. I have not made any changes or extensions in flat. Now in 2018 society issue me letter regarding illegal extension of balcony/terrace area.
pls help me how to tackle with the society.
As per your query,
Firstly check the sanctioned plan of the building whether the same is sanctioned with terrace flat or not. You can ask the sanctioned plan from the society or get the same from Municipal corporation.
Secondly the Municipal Authority has the right to take action for illegal construction and not the society. At the most the society can file a complaint in the Corporation and ask them to demolish the same, however the society itself cannot demolish the same on its own.
If they attempt to do the same you can approach the court for restraining their act.
Regards
Firstly check the sanctioned plan of the building whether the same is sanctioned with terrace flat or not. You can ask the sanctioned plan from the society or get the same from Municipal corporation.
Secondly the Municipal Authority has the right to take action for illegal construction and not the society. At the most the society can file a complaint in the Corporation and ask them to demolish the same, however the society itself cannot demolish the same on its own.
If they attempt to do the same you can approach the court for restraining their act.
Regards
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Adv. Neelkanth Goswami
Thane | 200+ Answers
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How do you legally cover a balcony?
Covering a balcony without the proper permissions or approvals may be illegal. Some minor alterations such as installing temporary shades or screens can be allowed, but enclosures or substantial covers may require a more stringent permission procedure. 17-Apr-2023
Do you need planning permission to extend a balcony?
Planning permission is usually required to build something new, make significant changes to the building or change its use.
Is it legal to extend balcony?
When planning the balcony extension you should adhere to certain guidelines.
Every state has its own set of regulations that govern any extensions you make to your home. Your project must be approved by the local planning authority. This extension should be done under the expert guidance of a professional architect or engineer. 01-Nov-2022
What are the balcony rules in India?
Balcony construction
The height of the handrails should not be lower than 1.0m or higher than 1.2m from the floor. Handrails must be at least 3.44 feet high. Anything less could pose a safety risk. According to the code, any balcony that is 2 meters above ground level or higher should be equipped with safety railings.
My Response to your query:
You purchased flat with coverd terrace. First go through your registry. If you have not made any kind of chane you can defend same before society.
You are able to get benefit only upto that Porton which purchased in registration.
You purchased flat with coverd terrace. First go through your registry. If you have not made any kind of chane you can defend same before society.
You are able to get benefit only upto that Porton which purchased in registration.
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