I am staying at Andheri, Mumbai in Chawl room and I want to renovate the house by increasing the vertical wall height to around 14 feet, which is as per the BMC norms (As per My knowledge).
Secondly, Our Chawl owner has already sold the land to a builder for redevelopment in 2012, however, due to the opposition of the local people the builder never started the construction. And one more thing is that one another builder is also claiming that this land is their. So overall 2 builders claiming on 1 property, And the case in court is going on till now (2020).
Also, No one in our locality has constructed the same structure (14 feet wall) We are the 1st for doing this.
I Would like to ask only 1 question.
1. From whom we have to take permission for a vertical wall limit of 14 feet – Approval or NOC from the Builder or BMC or police?
Dated - 8-3-20
According to the rules provided by BMC, the prescribed height of the walls of chawls are supposed to be 14 ft, and not beyond that. From what I have gathered, the height of the walls of your chawl is not beyond that. So, this means that the height of the chawls can be increased, but there is a catch.
Under Section 342 of the M.M.C. Act, “the citizen has to apply to the Commissioner for permission to make any additions to a building or any change of existing user or to make any alteration or repairs or the re-erection of any part of the building involving removal, alteration building except Tenantable Repairs.” The Term Tenantable Repair has been defined in the same Section in the amended M.M.C. Act and tenantable repairs includes:-
- Providing guniting to the structural members or walls;
- Plastering, painting, pointing;
- Changing floor tiles;
- Repairing W.C., bath or washing places;
- Repairing or replacing drainage pipes,, taps, manholes and other fittings;
- Repairing or replacing sanitary, water plumbing or electrical fittings;
- Replacement of roof with the same material Replacing the existing water proofing treatment without increasing the dead load.
“Tenantable repairs”, however, shall not include Change in horizontal and vertical existing dimensions of the structure;
- Replacing or removal of any structural members of load bearing walls;
- Lowering of plinth, foundations or floors Addition or extension of mezzanine floor or loft;
- Flattening of roof or repairing roof with different materials.
Hence, for a work like extension of walls, even though it is within the prescribed limits, it does not come under tenantable repairs. Keeping these regulations in mind it is best that you get approval from BMC. Also, since the pagdi system is followed in chawls, the owner of the chawl also needs to be made aware of the changes. Also, your issue of 2 different builders claiming your chawl is different. You should go and inform the owner who has his name officially registered as the owner of that particular chawl.
One must remember that increasing the height walls can lead to structural changes in the building and considering that no one else has done any similar changes, its best to inform the authorities.
I hope this answers your question!
