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RISHI (Business)     12 July 2024

Fake structural audit - builder trying to take control of plot

Dear Lawyers,

We own a 1 BHK house in Dahisar, Mumbai. Our building is 30 years old. The managment comittee has been in talks with only one builder for past 3-4 years. The builder is offering us the same size flats after re-development. The reason given is the old builder had done some manipulations and hence we will not get additional space/room.

Many of our members argued on this matter with both Builder and socoety managing comittee in various society meetings. Recently, the management comittee apointed a strcutural auditor. He has come out with findings claiming that the building is in C1 category under BMC act section 354B. He has suggested immediate demolition of building. We all are aware that this is a manipulated reports as we have seen many buildings in much worst conditions in Mumbai.

How to deal with this situation and ensure the builder does not take control of the plot. The builder does not have any great financial background and had not given his financial details in society meetings.

RS



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2024

You can oppose the report and place it before the special meeting of the association seeking to appoint a different structural auditor by establishing the fact that this report is fake and manipulated and produce supporting documents to confirm your allegations. 

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     13 July 2024

To establish a structural audit correctly, follow these steps: 1. *Define the scope*: Clearly outline the areas to be audited and the specific structures to be evaluated. 2. *Gather documents*: Collect relevant documents, such as building plans, permits, and maintenance records. 3. *Conduct a visual inspection*: Perform a thorough visual examination of the structure to identify any signs of damage or deterioration. 4. *Engage a professional*: Consider hiring a licensed structural engineer or architect to conduct the audit, especially for complex structures. 5. *Evaluate the foundation*: Assess the foundation's condition, including footings, walls, and piers. 6. *Inspect the superstructure*: Evaluate the condition of beams, columns, floors, and roofs. 7. *Check for code compliance*: Verify that the structure meets current building codes and regulations. 8. *Identify potential hazards*: Note any potential hazards or safety concerns, such as structural damage or deterioration. 9. *Provide recommendations*: Offer suggestions for repairs, maintenance, or upgrades based on the audit findings. 10. *Document the findings*: Compile a comprehensive report detailing the audit results, observations, and recommendations. Remember to always prioritize safety during the audit process.

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