• Dcpr and MCS Act

Our society received completion certificate in 2012 . The builder combined the existing balcony with the flower beds and built an enclosed balcony . In 2022 the society went and built concrete chajja's from 1st to 7th floor covering the bedroom , living room and kitchen balconies the idea was to put box grills into the chajja , which we stopped them from doing as they were planning to extend their living rooms and bedrooms into the balcony . We have asked them for the structural audit report which they claim to have but in vain . 
Question : 
1. Can society build a concrete chajja if they do not appear in the completion plan . 
2.Is Chajja part of FSI and can they be built if there is no FSI left . 
3. Is BMC permission needed to build Chajja's ? BMC informed us they do not give separate approval for chajja . 
4. Can society funds be utilised to build such chajja's as all society funds have been used for this and now there is no money left to deal with leakages
Asked 11 months ago in Civil Law

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6 Answers

Main purpose of external chajja is to provide protection from weather , Rain or direct sunlight 

 

2) society funds can be used for constructing chajja provided resolution has been passed in AGM to that effect 

 

3) society can build Chajja if members approval is obtained 

 

4) permission from muncipal corporation should have been obtained by society 

Ajay Sethi
Advocate, Mumbai
97431 Answers
7872 Consultations

1. Outer chajjas ( sunshade ) are to protect windows or other opening from sun and rain. All chajjas are cantilever slabs. Balcony is a open space with clear view mostly provided with bedroom it is used for leisure activities. Most balconies are cantilever slabs.  There is no rule specifically regarding taking permission for chajja. The individual flat owners or apartment owners' associations should not make any changes to the reinforced cement concrete

2. No it is not part of FSI.

It is the part of the activity of the society, if there is a resolution passed in the general or extra meeting to construct the same, then it can be proceeded 

4. It depends on how the society obtained permission to utilise its corpus funds to construct these chajjas

 

T Kalaiselvan
Advocate, Vellore
87624 Answers
2352 Consultations

It can’t be dine if it’s not in approved plan. Mostly corporation takes action you can errect temporary structures 

Prashant Nayak
Advocate, Mumbai
32810 Answers
209 Consultations

as per regulation 31(1) clauses xii and xiii read with regulation 42(ii) clauses e and f, of the DCPR 2034, a chajja is exempt from computation of FSI

However i do think that the BMC's permission for carrying out any work would be required, even though BMC may not grant separate approval for constructing a chajja (particularly since the chajja do not reflect in the sanctioned building plans). So a construction permission including a commencement certificate from BMC would be required under the applicable provisions of MMC Act, 1888 and MRTP Act, 1967

as regards your 4th query, a proper resolution needs to be passed by the society considering majority votes of members who are present and entitled to vote at a special meeting of the society held for the purpose

please also consult an architect for this

Yusuf Rampurawala
Advocate, Mumbai
7741 Answers
79 Consultations

1. No

2. No

3. Yes, it needed 

4. The society collect the maintenance charges for the society’s premises and many common services, like society’s office, roads, passages, security arrangements, water supply, supply lines, sewer lines, lifts, staircases, telecom lines, etc., which are for the common use of all members of the society.

Mohammed Shahzad
Advocate, Delhi
14727 Answers
224 Consultations

Dear Client,

The completion certificate certifies that the construction follows the authorised blueprints. After obtaining the completion certificate, any changes may require further approvals. It may be against construction regulations to make alterations to the structure without the necessary permits. Floor Space Index (FSI) restrictions may apply to the Chajja or any future construction. In the event that no FSI remains, there may have been a breach. Building and construction operations frequently need permissions from the building authority or local municipal corporation.  Although BMC stated that they do not grant separate approval for Chajja, it is important to verify if the construction in question complies with approved plans and current standards.

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

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