Can a flat owner construct a balcony which is not in the approved plan? The flat owner below my flat has illegally constructed balconies extending the roof of his balconies up to my balcony covering the entire wall. It is to mention that No balcony was originally provided for the ground floor by the builder due to the cellar below. Now he has constructed balconies almost extending up to the compound wall which is also a violation of cantonment rules. Due to his illegal construction, my view to the road from my balcony view is obstructed. What is the remedy sir to remove his illegal rods and asbestos from my balcony walls.
In this situation the flat owner has no right to construct any kind of permanent structure without obtaining prior permission or approval from the concerned authority.
He has to prepare a modification plan and present it to the concerned authority for its approval. If the authority grants approval then he can construct those balconies. But it infers from your question that he has no valid permission.
Therefore, you should move an application to the concerned development authority to stop the ongoing construction work. You have a right to make a complaint regarding an illegal construction. The authority shall take proper action against that person.
Move a writ petition
If the concerned authority does not take any action on your complaint, then you have a right to approach the High Court under Article 226 of the constitution of India.
Take the copy of complaint and file a writ petition for directing the concerned authority to stop the ongoing construction or demolish the illegal construction.
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Question: My 3bhk apartment is under construction, and it is located on the 10th floor. Am I allowed to request the builder to construct my balcony area to a higher load-bearing standard than the other balconies as per the construction plans? I intend to install a hot tub on the balcony, and I want to be extra cautious, even though the load is within the safer limits of the structure. Can I request a higher standard than what is mentioned in the approved plan, provided that I pay the incurred costs?
Asked from: Kerala
Yes, you can request the builder to construct your balcony area to a higher load-bearing standard than the other balconies, considering your intention to install a hot tub on it. Because that proposed strengthening will not make any external structural changes in the sanctioned plan.
However, you must ensure that you obtain approval from the relevant authorities for the proposed modifications and ensure that they comply with the building codes and regulations.
Additionally, you should also make sure that the builder agrees to your request and provides you with a revised cost estimate for the construction work. You should also have a written agreement with the builder outlining the scope of work, costs, and timelines for completing the modifications.
Overall, it is advisable to take the necessary precautions and be extra cautious to ensure the safety of your balcony and hot tub installation, even if it means incurring additional costs.
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