You can only carry construction as per sanctioned plans
2) you cannot while renovating the house construct a window facing another plot
I have a house on land in A2Z colony in Meerut. The back wall of my house faces an empty plot part of Supertech Sports City. I have been recently doing some remodelling of my house, during which I constructed a window facing the super tech plot but opening inwards on my house’s backwall. Super tech is now objecting that I can’t build a window facing there property, even when the window is opening inwards in my house. I wanted to understand what are the legal implications of this and recourse available for me in this case
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
You can only carry construction as per sanctioned plans
2) you cannot while renovating the house construct a window facing another plot
Dear Client,
In the Present Scenario, you have a house in Meerut, in which, the back wall of the house faces an empty plot part of the Supertech Sports City. While you were doing remodelling of your house, wherein you constructed a window facing the super teach plot, but opening inwards on your house's back wall, Supertech has objected the same and stated that you cannot build a window facing their property, even though the opening is inwards in your house. Therefore, you wish to understand the legal implications involved. Herein, as provided under the Indian Easements Act, 1882, the owner of the property usually has the right to build in any way, and enjoy the property unless it violates the rights of the neighbours. Now, the construction of the window does not directly infringe Supertech's rights. Further, since the window opens inwards to your house, there is no constitution of nuisance or invading into the right of privacy of Supertech. Hence, it is suggested that you confirm with the local building authority and confirm if the house has been remodelled adhering to its rules, and consider for negotiation on the same with Supertech.
Hope you find this answer beneficial for resolving the dispute.
Ideally windows that overlook adjacent homes or gardens or even a vacant site should be avoided. However, in some instances a window to a secondary room, (e.g. hall, bathroom, store room), may be acceptable if there is more than 2m between the properties and obscure glazing is used.
The law says that you cannot construct a window adjoining the neighbor's wall or property without leaving a set back in his side even though the window doors are opening your side.
You can Seek advice from an architect or an engineer or at least a builder for adopting appropriate construction methods and take precautions to minimize the potential impact.
If you are advised to obtain approvals for renovation due to this from the competent authority, you may not hesitate because that will become an authenticated permission to challenge any legal complication from the neighbor which appears now or is being posed by him now.
1. An owner cannot be stopped/ prevented to make changes in his House (either permanent or temporary) by any person other than the municipal authorities until unless the said changes is encroaching upon the other person’s rights. In this case nobody can restrain you from constructing such window., provided no encroachment is done in the property/space of supertech.
2. The only case wherein other person can object is when their easement rights are being affected by the said construction.