• Neighbor constructed a bright red shed in front of his house - Concept of Villament

Neighbor Constructed the shed and that is bright red in front of his house. But we share comman wall . we are neighbours and it is affecting my villa view . As it’s Concept of Villament
 “concept of combining villas” how do I tell him to remove it. Or modify it
I have conveyed the message to him but he is adamant to do any modification..
Asked 20 days ago in Property Law
Religion: Hindu

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15 Answers

is construction of shed as per sanctioned plans 

 

2) if not file complaint before municipal corporation for demolition of unauthorized construction 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

you can also issue legal notice to neighbour to demolish unauthorized construction 

 

obtain court orders for demolition of shed 

Ajay Sethi
Advocate, Mumbai
97518 Answers
7884 Consultations

You can’t force him legally for the same unless he has built up some illegal structures

Prashant Nayak
Advocate, Mumbai
32876 Answers
209 Consultations

If it's affecting your Villa view and if your neighbour has deviated from the sanctioned plan, then send a legal notice to your neighbour to take immediate action to your advantage.

Shashidhar S. Sastry
Advocate, Bangalore
5458 Answers
330 Consultations

If your neighbor’s shed construction is affecting the aesthetics or view of your villa, you can take the following steps:

  1. Check Local Laws and Regulations: Verify with your local municipal authority or housing society if the shed complies with building codes or regulations, especially if there are restrictions on colors, structures, or alterations in shared wall scenarios.

  2. Approach the Housing Society/Association: If you live in a gated community or villament society, bring the issue to the attention of the Residents’ Welfare Association (RWA). They might have guidelines on maintaining uniform aesthetics and can mediate the dispute.

  3. Serve a Legal Notice: If informal discussions fail, you can issue a formal legal notice to your neighbor, requesting them to modify or remove the shed, citing the negative impact on your property’s view and value.

  4. File a Complaint: If the shed violates zoning or municipal guidelines, file a complaint with the local municipal authority or town planning department to initiate corrective action.

  5. Legal Action: As a last resort, you can file a civil suit claiming nuisance and seeking a court order for the removal or modification of the shed. Document the harm caused, such as reduced property value or loss of aesthetic harmony, to support your case.

Maintain a calm and polite approach during interactions, as resolving such disputes amicably is always preferable.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

Aman Verma
Advocate, Delhi
227 Answers

Looks like it is an unauthorised structure. To remove them you can lodge complaint with the local Municipality or the Panchayat. 

The local authority alone is authorised to remove the said structure. 

Devajyoti Barman
Advocate, Kolkata
23333 Answers
522 Consultations

Take the builder in the loop, and ask him to intervene and ask the erring flat owners to remove this shed.

Vibhanshu Srivastava
Advocate, Lucknow
9690 Answers
312 Consultations

If your neighbour's shed has been constructed within his/her property, they are well within their rights to do so, provided building approval is in place. You cannot object on the grounds of any easement right merely because the shed affects the view of your villa.

Swaminathan Neelakantan
Advocate, Coimbatore
2961 Answers
20 Consultations

There is no law that prevents choice of color of awning. You can only request him to change color of your liking. 

Ravi Shinde
Advocate, Hyderabad
4426 Answers
42 Consultations

Dear Client,

In your case, where your neighbor has built a bright red shed affecting the aesthetic view of your villa within the concept of Villament, you may take legal and community-based steps to address the issue. First, approach the governing association or resident welfare society of the Villament, sincesuch developments usually have rules regarding uniformity and aesthetic consistency in shared spaces. Lodge a written complaint with the association, requesting intervention in the matter for an amicable solution. If there is no such association or it chooses not to act, you may send a legal notice to your neighbor citing encroachment, nuisance, or violation of local municipal or building bylaws, especially in the case of lack of proper permissions for the construction of the shed. Further, you may approach the local municipal authority to check upon the legality of the construction. And as a last resort, you may file a civil suit seeking a court order for the modification or removal of the shed in order to restore the uniformity and appeal of your property. Speaking to a property attorney will ensure the right procedure is followed to protect your rights. Let me know if further assistance is needed.

Anik Miu
Advocate, Bangalore
10392 Answers
121 Consultations

- If this shed is constructed on the common area then it can be demolished after lodging a complaint to the municipal corporation. 

- However, if he has colored the same in his premises , then you cannot take any legal action against him , except it that it is giving trouble to you. 

- You can send a legal notice to him for the same. 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
224 Consultations

If the shed is constructed within his property then you have no rights to question his proprietary in his regard.

Besides she is not a permanent structure hence it may not be considered as deviation in the approved construction.

Painting the color of his choice  is one good option for restoring the look of an awning. 

In that situation you may not ave any rights to object your neighbor for painting the color which you don't like.

Villaments bridge the gap between apartments and villas, providing a balance between individual living spaces and shared community amenities, hence if your neighbor is creating nuisance intentionally you may report to your association to take action as per bylaws of the association.  

You can find a solution by talking to him on a conciliatory note too.

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

It appears to be a temporary structure and in any case if it obstructs your easement rights or if it is a hurdle to you then you can take a legal action as per law if the association is not taking any action on your complaint 

T Kalaiselvan
Advocate, Vellore
87720 Answers
2356 Consultations

 

  1. Discuss Amicably:

    • Request a face-to-face meeting with your neighbor to explain how the bright red shed affects the shared villa view and aesthetic. Offer alternatives (e.g., painting it a neutral color or relocating).

  2. Check Society/Community Rules:

    • If you live in a gated community or under a homeowner association (HOA), review the bylaws or guidelines for external modifications. Many villament communities have restrictions to maintain uniformity.

  3. Escalate to the Association:

    • File a formal complaint with your association or resident welfare committee if community rules are violated.

  4. Legal Notice (If Necessary):

    • If the shed violates local municipal laws or impacts your right to light or air, consult a lawyer to send a legal notice. The Karnataka Municipal Corporation Act or local bylaws may help in addressing unauthorized structures.

  5. Seek Mediation:

    • Engage a third-party mediator to find a middle ground if direct communication fails.

  6. File a Complaint with Authorities:

    • If the shed is illegal, file a complaint with the Bruhat Bengaluru Mahanagara Palike (BBMP). They will inspect and issue a removal notice if the construction violates regulations.

Key Points:

  • Emphasize the importance of maintaining the villa aesthetic as per the villament concept.
  • Use community rules or municipal laws as leverage if amicable discussions fail.

For detailed, personalized advice, consider a phone consultancy. Hope this helps! If you could leave a review, it would be greatly appreciated. Thank you! Shubham Goyal.

Shubham Goyal
Advocate, Delhi
529 Answers
1 Consultation

Dear sir /madam 

In concept of Villament uniformity of construction and outlook of buildings are usually followed . This is the thumb rule !

If the neighbor is not cooperative even after conveying him verbally, it is better to issue him a legal notice through a lawyer warning him to remove the shed immediately as it is an obstruction or not permissible or else legal action would be taken against him .

If no action is taken by you immediately , It will create a negative approach and  others will also take liberty to do whatever pleased to them. 

I would request you to contact me personally on phone or at my office for detailed consultation if any required..

If you found my answer help , Please provide your valuable ratings.

Thank you. Warm regards

- Adv Harshita Shah

Harshita Shah
Advocate, Bangalore
37 Answers

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