Since no structural alterations are being carried out there is no harm in granting permission for changing the positioning of door
flat owner has produced certificate from structural engineer
Alteration/Renovation request by a owner
Dear Sir The management committee has received a unique request for alteration of main door in our housing society. The owner has a SOUTH facing main door and wants to take the same inside, about 7 feet and create an EAST facing door next to it. The owner has submitted the alteration plan and safety certificate from a structural engineer on structural safety doubts. We at MC feel that such customization requests should be discouraged in a housing society since it will open flood gates to such renovation requests. Moreover, we also have a doubt on validity of building insurance in case our insurer finds certain alterations in the scope of making insurance null and void. The owner's plan involves no destruction/alteration to any common wall, but there is a supporting pillar which shall be created new to support both doors. This flat is on 21st floor. Request guidance on this issue if we should allow or if we should not, then, on what grounds? Regards
Asked 3 years ago in Property Law
Religion: Sikh
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7 Answers
You can reject same as per the provisions of law. But if there if no safety threat and only on ground of floodgates for others your reason will not be justified
Any alternation in residential complex—without going into structural stability—cannot be legally permitted. The very essence of residential complex is uniformity of each and every structure. MC has no such power to permit any such alternation. That will be against the very basic principle of cooperative housing. When a property is brought by owner in a cooperative society, it is with implied consent that he will not seek any changes affecting the uniformity. Deal with him on legal level.
The MC should not decline the request simply for the fear that entertaining it would open the floodgate for similar requests. Each request should be, if forthcoming in future, treated on its own merits. The MC may very well engage its own structural engineer to examine the case, besides looking into the insurance fine prints. Also, please check if your bylaws authorize the MC to approve such requests. Otherwise, only the general body should decide.
- As per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- Further, no structure of any kind whatsoever temporary or permanent shall be erected or fence/partition put up on any common area that may obstruct, or impede free movement in the event of an emergency of any kind. In addition, on the Limited Common Areas .
- However, if the said request is raised by all the owners of the society then the society can pass a resolution for the same after taking permission from the insurance and other authority .
Dear Client,
Building insurance is not valid of will full alteration and it depend on the member common decision that what they had to do with but one member cannot take action on behalf of all society member. Allowing them or not is your decision.
Thank You.
This is a structural alteration which means deviation from originally approved plan of the building.
This comes under violation hence competent authority may not sanction the plan prepared by the structural engineer engaged by the flat owner.
The association do not have rights to permit the owner to make such changes. Hence the association can reject the request and warn the owner of dire legal consequences if he goes ahead with his plan disregarding the bylaws of the association.
