Hello, I live in a 2 bhk in an apartment flat in bangalore. Due to medical reasons I would like to construct an additional toilet.For this I have contacted an architect and hv got the approval from architect.But our association committe has not given the permission yet stating loadbearing/water seepage concerns,I have communicated with them to bring an architect and validate on their behalf for safer side. None of that has happened so far and additional toilet room construction is blindly denied .Please let me know how to proceed further
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Construction or alteration of the flat has to be made with the permission of the Society, and approval of modification of the flat by Municipal Authority. This modification has to be done with the help of a Municipality approved architect.
Therefore you may better approach Municipal authorities for the needful with a convincing application.
Thank you Sir for your prompt response.please let me know if we need to go through court for approval from municipal authorities or I can directly contact any of them.Thank you
You can contact the Municipal authorities accompanied by your architect for getting necessary approval for construction of additional bathroom.
Thanks again Sir for the response.
These cases are very common in various Courts of India.
It is crucial here to refer to Section 187 of the Karnataka Municipalities Act, 1964-
Section 187 in Karnataka Municipalities Act, 1964
187. Notice of new buildings.
(1)Before beginning to construct any building, or to alter externally or add to any existing building, or to construct or reconstruct any projecting portion of a building in respect of which the municipal council is empowered by section 181 to enforce a removal or set back, or to construct or reconstruct which the municipal council is empowered by section 179 to give permission, the person intending so to construct, alter, add or reconstruct shall give to the municipal council notice thereof in writing and shall furnish to it at the same time, a plan showing the levels at which the foundation and lowest floor of such building are proposed to be laid, by reference to some level known to the municipal council, and all information required by the bye-laws or demanded by the municipal council regarding the limits, dimension, design, ventilation and materials of the proposed building, and the intended situation and construction of the drains, sewers, privies, water-closets and cesspools, if any, to be used in connection therewith, and the location of the building with reference to any existing or projected streets, and the purpose for which the building will be used.
(2)No construction or reconstruction referred to in sub-section (1) shall be begun unless and until permission for the execution of the work is granted under this section.
Therefore, detailed discussion is required in such cases with complete documents. You may contact my secretary to connect with me for clarification.
Thank you Sir for your prompt response,once I get approval from municipal authorities after proper validation can the apartment society still block the additional construction,in such cases how can we take it forward
Prior consent of society / association is necessary to construct additional bathroom
construction would not be allowed as it is not as per sanctioned plans
You can approach muncipal corporation for permission based on architect plan
but muncipal corporation would insist on society written consent before granting permission
Thanks for your appreciation
As mentioned earlier muncipal corporation would not grant approval without society / association written consent
You are welcome for your appreciations.
Once you get an approval from Municipal authorities the society cannot restrict you from proceeding with the proposed construction, if they do so, then you can file a suit for permanent injunction against the society before civil court to restrain them from preventing you to construct the additional bath room.