Legal hurdles in renovation inside flat owned in an apartment
Sorry this is a long one. I live in Bangalore and own a flat in an apartment on 3rd floor.
Previous owner who was first buyer did alterations in flat layout which were not according to approved plan of the flat.
Now after i bought the flat , while looking at original flat layout i feel that the original one was better than what previous owner did. So i want to revert the alterations made so that my flat can look like what it appears in original floor plan.
For this i informed society for giving NOC, they were very skeptical and said that i have to consult architect to confirm if the alterations i make (which are actually just corrections to go back to original) will not be risk to buildings structure or cause cracks.
As suggested , i consulted a qualified architect, who did site visit and after inspection gave feasibility report that the alterations(corrections) i want to do inside my flat can be done with the condition that proper support be given to walls during demolition and light weight bricks be used.
While architect has said that if all instructions are followed their is minimum risk, but at the bottom of the feasibility report, the architect put the following note: "Since the Architect isn’t involved in the design and project execution, Architect can give only observations and suggestions recommendations for the proposed alterations works based on provided documents, client requirements and site inspection Architect is not responsible for the any structural damages are occurred during in alteration works"
And this note has raised many red flags in the building, although to me it is just statutory in nature.
I have agreed to all the recommendations of the architect , but now Association says all other owners in the building also need to be informed and if someone has concern then it needs to be addressed. I agreed to that too (although doesnt make much sense to me) .
Sent a mail asking consent not only from the owners directly above , below and adjacent to my flat but also to other owners.
I also shared the feasibility report created by the architect Now 2-3 owners have said that they won't give consent because they feel demolishing one of the walls between my bedroom and my hall (which is part of the alteration process) will jeopardise the structural integrity of the building, cracks may develop etc., One owner has threatened me of police action and of taking me to court if i still go ahead with my plans
So my question is that even after a qualified architect after doing site inspection and careful study gives a feasibility report and gives go ahead, can the society/other flat owner's non-consent still hold legal ground ?