• Reconstruction of old housein Bangalore

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 ?
Asked 4 years ago in Property Law
Religion: Hindu

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29 Answers

Yes, you have to construct according to the old plan.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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.

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

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 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

- 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 . 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

Yes,Definitely you can with fresh approval of BDA and BBMP referring their earlier approval along with architect blue prints. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

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. 

Devajyoti Barman
Advocate, Kolkata
23181 Answers
510 Consultations

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 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

No, RCC construction rules are different and Load Bearing construction rule are different.  so better take on same layout, construction permission.  

Ganesh Kadam
Advocate, Pune
12986 Answers
262 Consultations

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.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Fresh approval. minor modifications without approval can be oversight.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

Yes you can do so. If you go for permission in such minor things it will take lot of time and energy

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

you will have to submit new building plans to the authorities.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

You can make changes

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you certainly can do it.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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 

Ajay Sethi
Advocate, Mumbai
96718 Answers
7797 Consultations

If Previous approval was for construction on that land and not approval of plan than can reconstruct without approval. 

Yogendra Singh Rajawat
Advocate, Jaipur
22971 Answers
31 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
14406 Answers
221 Consultations

No you can't proceed that way

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

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. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

yes go for it

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

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.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

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.

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

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.

 

T Kalaiselvan
Advocate, Vellore
86915 Answers
2331 Consultations

If BBMP is not giving new approval for construction of house then you can rebuild the house as per previous plans approved by BBMP.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have the need to rebuild it, but not renovation itself minor changes though.
  2. I would like to apprise you that they cannot dent the permission of the same is there in bylaws.
  3. So, you should draft a representation to the concerned authority and if the same is not reverted back in positive reply then you always have an option to take them before the Hon’ble High Court under writ jurisdiction as per article 226 of our Constitution seeking permission from the department as per law.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

No that is not possible.

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

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