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RAJESH TM (S)     01 August 2010

ENCLOSING OF BALCONY AREA

I HAVE A FLAT WITH OPEN SPACE OUT SIDE MY WINDOW AREA  ( NEARLY 3X10 SQFT) WHICH I WOULD LIKE TO ENCLOSE WITH GRILL, SO THAT I CAN UTILSE IT AS A BALOCONY. IS THERE ANY LEAGAL PROBLEM TO DO SO. WHETHE RI WILL GET NOC FROM BMC TO DO SO



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 3 Replies

Darshan Panchal (Advocate)     01 August 2010

u don't require to obtain any permission since, u hv all the rights and authority to modify or alter the form of ur property staying in ur limits. by enclosing it with a grill u r not going to encorach upon anybody's land or extending ur balcony on the road so u r fully within ur rights. Hwever, sumtimes societys take objection but it can be managed.

Saket Gandhi (advocate)     02 August 2010

The society may take objection, as rightly said my Mr. Darshan, since the area is outside of your window. The society may take objection on the basis such as if you break down your window wall, the design of the flat may look different from outside view or the structural design may be distrubed.

However i have experienced that people do such changes in their flats.

It is to be noted that such changes may be disturb the structure of the flat, which may be dangerous for all the members of the flat. Therefore, generally the societies do not give permission,

Manish Barman (Member)     13 January 2012

Thanks for your valuable inputs, experts.

However, what I'd like to know is, can an Association raise a legal case for such an enclosure, even if the bye-laws state that it can not be done due to change in external appearance of the society.

If not, what steps can a RWA / Apartment Association take to disallow such an extension - other than harrassment by sending repeated notices.

More importantly, are the Association office bearers at any legal / municipal risk due to such enclosures done by resident owners.


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