Yes, you have to construct according to the old plan.
My house is in the BEML housing Society Layout duly approved by BDA. An 8 ft wide SWD is 7 ft behind my house. BDA had given plan approval for constructing my house in 1995 with the regulations of 1995 . I want to reconstruct the house due to structural and other issues. BBMP is saying that they will not give any new plan approval. Can I build the house according to at least my old approved plan of 1995 ?
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You could have built house at that time when the plan was granted to you in the year 1995. Now its will be violation of the law, so kindly get at least same plan for construction in this current year. They are saying will not give new plan approval. Okay Plan approval is different things and construction house permission on old plan of 1995 n the year 2020 is different thing. So get permission to construct the house in the current year.
Construction has to be carried on within period of 3 years of sanctioned plans
if you are not able to carry on construction within said period you have to apply to authorities for revalidation of sanctioned plans
3) you cannot carry on construction after period of 25 years on basis of said plans
- As per rule , the limitation period of construction the house is 2 to 3 years from the date of approval.
- Hence, you should apply for re validation of the old approved plan before the BBMP ,and after imposing certain amount as fine , you may get a new plan approval .
Yes,Definitely you can with fresh approval of BDA and BBMP referring their earlier approval along with architect blue prints.
BBMP cannot decline approval of construction plan if not violating building bye laws or no blanket prohibition on construction.
And site measuring 60 X 40 may not require construction approval.
My house was constructed and occupied in 1996 itself. Is it that I have to submit the orginal BDA approved plan of 1995 again to get a renewed plan for reconstruction ? Or can I directly construct with the original approved plan of 1995 itself ? Can I also make minor modifications in view of the better technology available ? (For example it was built on load bearing walls. Now people are using pillars for solid foundation on clay soil)
The building plan approved by the Municipality has a time span. Once the time limit has expired you can not act upon it.
If nee new application for construction has been disapproved by the Municipality you have the option of challenging it in high court in its writ jurisdiction.
If you want to demolish and reconstruct the house you need fresh sanction by municipal corporation
You can carry out modifications necessary
consult a local architect
No, RCC construction rules are different and Load Bearing construction rule are different. so better take on same layout, construction permission.
Yes ,you are right.
Please submit Original BDA approved plan with new specific blueprints prepared by your architect by inserting new gateways for the use of advanced technology in your house.
Most Important.
You will have to give reason why did you fail to construct as per Original plan?
May be financially weak and unable to carry out the construction work within the time frame which was granted to you in 1995.
1. IF BBMP is refusing to give permission for "re-development" of old house (which was legally sanctioned), THEN you would have to move the local Civil Court, seeking court directions to BBMP to grant permission for said redevelopment. This will require latest plan, approved by a registered architect and reason for redevelopment of house.
2. You are entitled to conduct major repairs (without any alterations /modifications to the existing plan) in your present house, without taking any approval from the relevant authorities.
- Yes, you should submit the copy of the earlier approved plan to get renewed plan for construction .
- Since, BBMP is saying that they will not give any new plan approval, hence you can follow the same, but you should approach letter for getting a confirmation from BBMP .
- Further, minor modification cannot be objected like using pillars for solid foundation on clay soil.
Yes you can do so. If you go for permission in such minor things it will take lot of time and energy
I am asking reconstruction with old 1995 BDA approved plan (Regulations were not there for buffer zone then) in the background of new buffer zone limitations now. My house is away from a small 8ft wide SWD covered by cement slabs. I am informed that renovations are alright. But my question pertains to building the house newly with the old approved sital plan and add a floor vertically.
New construction cannot be done as per old sanctioned plans of 1995
you need fresh sanction of building plans if you want to build new house and construct additional floor
If Previous approval was for construction on that land and not approval of plan than can reconstruct without approval.
- You should move an application for the sanction & approval of new plans or reconstruction of the house with the new by laws.
- As i mentioned above that , If BBMP is not giving new approval for re-construct the house then you can use the earlier approved plan.
Yes,Definitely.
You may get permission for renovations with the old approved plan.
But doubt for additional of vertical floor.
Please emphasize why do you need additional vertical floors in your old approved plan in 1996.
Are you near Airport, Seaport or CRZ ?
If yes then I am not confident enough about permission for additional vertical floors.
You should remember that the BBMP has already sanctioned building construction plan approval earlier in the year 1995 and you have also successfully constructed your house as per the approved plan.
That approval was sanctioned for that construction alone, it cannot be taken for granted that you will demolish the building and reconstruct the building based on that approval again and again.
You may apply for repair and renovation approval alone at this stage and not for fresh approval.
In the name of repair/renovation approval, you may go ahead with the proposed reconstruction without making fuss over the issue.
If you insist permission by the authorities concerned for each an every petty issue then you may never be able to achieve what you want to accomplish.
You may better understand the prevailing circumstances and proceed flexibly.
You are repeating the question in a different manner which actually complicates your situation.
There are plenty of ways for a flexible adjustment.
You may not get permission or approval due to latest NGT order which has banned/restricted any new approval within the buffer zone as marked in the orders.
You will not get approval for constructing a new floor or add new floor to the existing structure owing the buffer zone restrictions.
Therefore you act wisely instead of being very rigid to the legal formalities on this, which you will not get till the end.
If BBMP is not giving new approval for construction of house then you can rebuild the house as per previous plans approved by BBMP.