• Who owns the boundary walls of stairs in an apartment

The stairs in my apartment has rails on one side and on the other side it's supported by my flat's kitchen wall and the stairs continue upstairs which again supported by rails on one side and kitchen or bedroom wall of other flats. Now I need to break a small portion (3*3) of the kitchen wall from outside near my flat entrance to make provision for shoe rack. Can I do that?
Asked 3 months ago in Property Law
Religion: Hindu

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12 Answers

you cannot break the kitchen wall as rails are on other side of the wall 

 

buy a ready made shoe rack for your flat 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

absolutely you can do that as long as someone doesn't file an injunction. then you would have to reason with them in the court where only you will win.

 

Gagandeep Singh Thandi
Advocate, Pathankot
43 Answers

You can very well proceed with the proposed shoe rack by making arrangement within your wall without disturbing the common area.

Nobody can object to it because it can be considered as an internal alteration to suit your convenience and not a structural alteration.

If somebody objects, you can ask their authority to object it and ask them to proceed legally which can be challenged as per law.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

No, legally you cannot do that. Staircases are 'common areas', meant for the use and enjoyment of all residents. Whatever alterations you do within your flat is ok, but you cannot alter the staircase structure.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

-  As per rule ,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. 

- Since, the stair is a common area , then you cannot make or extend the rack in the stair externally , however as you want to use the area of the kitchen for the said purpose , then it will not obstruct or impede free movement of other members of the apartment. 

- Further, as per rule one cannot damage or break the wall , hence the permission of the society is needed . 

- Further  if there is no society then obtain consent of other members. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Dear Client,

You should not go ahead and break a portion of the kitchen wall without applying for the required permissions and remembering the legal consequences. As it is probable that the wall in question is part of the common structure supporting the stairs, their change may adversely affect the stability of the building. As per the regulation of Real Estate (Regulation and Development) Act, 2016 residents cannot do anything that may lead to the deterioration of the infrastructural structure of the building. In addition the change in structure can also require your approval of the Karnataka Municipal Corporation Act. If you are thinking of performing alteration works on the wall, consult a structural engineer to ascertain whether the wall is load bearing or non-load bearing and talk to your neighbours and housing society along with the local municipal authority so as to avert any legal problems. This will ensure that you abide by the local laws as well as provide adequate security to your property.

 

 Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Then take builder consent before you make any changes in the wall 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Unless and until there is no change in the structure or if you don't intend to alter the structure in any manner and also if the proposed drilling the wall is not affecting the basic structure in any manner you may proceed with it and it will be considered as an internal alteration only.

Nobody can object to your internal alteration till no such time such alteration affects your neighbor in any manner.

The shoe rack is proposed to be made in the wall without affecting the structure hence there should not be any legal issue in this, if someone objects then you can ask him to proceed legally which can be challenged as per law.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

as long as it is your own apartment space and if it doesn't threaten the safety of others you can do as you please.

Gagandeep Singh Thandi
Advocate, Pathankot
43 Answers

If that is the case, you may go ahead. The absence of any association does not alter the legal position on the staircase and other common amenities.

Swaminathan Neelakantan
Advocate, Coimbatore
2910 Answers
20 Consultations

Dear Client,

It will be interesting to note that installation of an embedded shoe rack within a kitchen wall and without frames for holding it together does not necessarily involve the need for formal permits under RERA or under the Act of KMC. This is categorized as non-structural alteration. The law does not compel changes without a housing society, if interior changes do not extend to the common areas or the structure of the building. It could be noted that the embedded shoe rack construction work can hardly be a subject to obtain formal permissions, however, for safety concerns it has become still advisable to consult a structural engineer as well as to follow the local bylaws and regulations.

 

Hope you find this answer beneficial for resolving the dispute.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

- Since, you are using the exterior Wall for the said shoe rack , and further not doing alteration in the existing wall and also it will not extend beyond the wall , then no permission is even required from others and any authority. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

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