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Illegar floor roof has so many leaks.


22-Feb-2025 (In Property Law)
In our apartment, top floor i.e, 4th floor is illegal floor not permitted for construction as per local panchayat floor. Many PSU banks have rejected the loans. Buyers have purchased the flats taking loans from other than PSU banks. Flat owners not properly examined roof conditions . Now started leaking . They are asking other flat people also contribute for repair charges i.e, huge amount in tune of lakhs.
Answers (1)

Answer #1
559 votes
Since the 4th floor is an illegal construction, the responsibility for its repair does not legally fall on other flat owners. Here’s how you can handle this: 1. Verify Building Permissions Obtain a copy of the building approval plan from the local Panchayat. Check if the 4th floor was ever sanctioned or if it was constructed without approval. 2. Refuse Contribution for Repairs (Since It’s Illegal) Since the top floor was constructed illegally, the owners of that floor are solely responsible for its maintenance. Other flat owners should not be forced to contribute to its repairs. 3. File a Complaint with the Municipal/Panchayat Authority Submit a complaint about the illegal floor and leakage issues affecting the building. Request action against the illegal construction, which may include demolition orders or fines. 4. Approach the RWA/Society (If Formed) If your apartment has a Resident Welfare Association (RWA) or Society, pass a resolution stating that: Repairs for illegal floors must be borne by their owners. Other residents cannot be forced to pay for their mistakes. 5. Legal Action If Forced to Pay If the illegal flat owners pressure or threaten others, send them a legal notice stating that their demand is unlawful. If required, file an injunction suit to prevent them from forcing payments. What You Should Do Now: Check the original building approval plan. File a complaint with the local Panchayat. Refuse to pay, as their floor is unauthorized. Involve the RWA (if any) and document everything. Would you like help in drafting a legal notice or a complaint letter to the authorities?
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