Consult a structural auditor
obtain his written report that it would not endanger the structure
3) obtain municipal corporation permission to remove the staircase
Splitting the building into two properties by removing the existing common staircase without compromising the structural integri
Sub. Separating the two portions of the building into independent properties by removing the existing common staircase without compromising the building's structural integrity Respected Sir: The 3-storey residential building was constructed by two sisters by mutual consent around 15 years back in Visakhapatnam city. However, the two have now agreed to remove the common staircase conjoining the two buildings and render it into two separate independent properties, if possible. The building presently has a shop on each side of the building on the ground floor and flats on the first and second floors. The ground floor, first and second floor units are designed and constructed by the two owners independently with only the common staircase joining the two portions of the building. Theoretically, by removing the common staircase completely, the two portions will stand as independent buildings on their respective sites. Practically, however, the common staircase was built as a common structure between the two thus forming part of the main structure for the two portions when it was originally designed and constructed. By removing the present common staircase, both owners will have to construct their own independent separate staircases using the available space in their respective sites. I would, therefore, be grateful for your advice if it is advisable to remove the common staircase to make the two portions independent without compromising the building’s overall structural integrity. Subject to feasibility of the above by addressing the structural issues with appropriate solutions, who should our first contact to provide us a feasibility report so that we could proceed further with an appropriate legal agreement or memorandum of understanding to proceed further with the mission. Thank you very much for your valuable time and advice in the matter. Kind regards. Sagar Hussain
Asked 4 months ago in Property Law
Religion: Muslim
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6 Answers
Thank you for your quick response. Since the staircase was constructed by mutual agreement of both parties (owners), could you please provide me with the legal steps to follow, in consultation with a lawyer, before dismantling the staircase and following the reconstruction of the independent staircases. Of course, this will be subject to the formal approval by the Municipal Corporation followed by the Structural Auditor/Engineer, advice and certification. This is due to the fact that the respective properties will need to be distributed to the respective offspring (children) of both the owners, by executing a Will, following completion of the splitting of the building and reconstruction of staircases. And, above all, we want to ensure that both parties are clear of any legal obligations towards each other at the end of the day. Thank you for your advice,
Asked 4 months ago
Deed of family settlement can be entered into for division of the building by metes and bounds
it should be duly stamped and registered
To split a building into two units, you typically need to obtain planning permission from your local authority, which is a legal document allowing you to make significant changes to a property like dividing it into multiple units; this process may also involve additional permits depending on your location and specific building modifications.
You may note that ass per local regulations; each area has its own rules regarding minimum room sizes, access points, and other factors that will need to be considered when applying for planning permission.
You may first consult a structural engineer, get his thoughts and opinion to the proposed split and proceed as suggested by the engineer, who will suggest you the legal compliance in this regard.
First visit your respective title deeds in respect of the common staircase, i.e., whether it is the part of the registered deeds of both of the owners.
If it is so,then you both may have to enter into a mutually agreed registered deed to split the property into two by demolishing the common staircase and other conditions that have been agreed in the deed namely that each will not interfere in each other's space for any reason post demolition of the common staircase etc.
you can plan to include any other clause that would prevent any litigation that may arise in future .
Aftre that as suggested by the structural engineer, you may obtain a fresh plan approved by the authorities concerned and proceed as per the procedures prescribed therein.
- If the said construction regarding of the staircase is mentioned in the sale deed of both the owners , then the re-construction /alteration in the building may give further problems to the legal heirs.
- Hence, both the parties can enter into a settlement deed before the said changing, and the said deed must have clause for the distribution of the property.
- Further , if the permission for the construction was taken the municipal corporation or other competent authority then its permission is necessary before changing the structure.
Dear Client,
As a result, in order to divide the three-storey residential building into two non-intercommunicating properties it is necessary to proceed with both legal and with structural division. Second, since the property is jointly owned, a legal partition between the two sisters, may be with the help of a legal advisor, should be prepared to state what each sister would be doing or entitled to do regarding the property. Before demolishing the common staircase, it is mandatory for a qualified structural engineer to inspect the area and determine the effect of the removal on the overall structural framework of the building and advise on the most appropriate way to build two separate staircases. It is also necessary to obtain the permission from the local municipal authority regarding construction so that no law concerned to construction is violated. Some of them are Indian Easements Act, 1882 made for rights over the property and Transfer of Property Act, 1882 made for the transfer of the property.
