Flat with Deviation need help regularising
01-Apr-2025 (In Property Law)
I had purchased a completed second floor flat in chennai 15 yrs ago.
The building has 5 flats 1 G, 2 in first floor and 2 in second floor and terrace in 3 floor. There is supposed to be an entrance around my flat which leads to a small terrace The builder has failed to construct this path and only my flat is having access to this terrace. Under this circumstance is this a deviation for my flat or is the deviation applicable to entire building, Can it be regularised?
Since the builder failed to construct the planned common access path to the terrace, but your flat alone has access, this could be considered a deviation from the approved building plan. Whether the deviation applies only to your flat or the entire building depends on the original sanctioned plan and CMDA/Corporation regulations. If the deviation is minor and within regularization limits, you can apply for regularization under CMDA’s amnesty schemes (if available). Otherwise, the association or flat owners may need to approach the authorities for rectification. A legal opinion based on the approved plan and building rules will clarify the best course of action. Let me know if you need help verifying the plan or applying for regularization.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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