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Kunal   15 August 2021

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 ?



Learning

 8 Replies

Dr J C Vashista (Advocate)     16 August 2021

Be brief and specific to seek obligation of experts on this platform.

It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.

G.L.N. Prasad (Retired employee.)     16 August 2021

The architect is involved in design whereas it is a structural engineer with Civil Engineering qualification that is having the competent to certify.  That red flag is usual in every opinion in any certificate as the opinion is his perception.  Consult the structural engineer and also consult the previous owner about why there were alterations.  According to my presumption, the construction may be as per Vastu or designed by Architect for more convenience.   While I appreciate your very good and sincere efforts as a new entrant to convince Society sensibly and taking all steps, also take a second opinion on such immediate need for redesigning.

Kunal   16 August 2021

Thanks Mr. Prasad. Previous owner did the alterations because they wanted master bedroom to be larger than what it is in original plan. That is personal choice, when i look at the flat i feel there is a lot of unused space because of all the alterations. 

So when compare current layout with original plan, find the original one to be better, hence the desire to go back with minor modifications to the original layout.

The architect did a careful study through site inspection of my flat . I had also requested one of the actual builders of this building to come along, so that he can also provide the historical insight to the architect, as to what sort of planning went during actual making of building ,where RCC beams are placed and how original layout looked like.

Only after this he gave a feasibility report. In the report he has called out that light drilling machinery should be used and other good practices. So its a nuanced report which indicates his level of analysis.

So i believe ,the opinion given by the architect is not just his perception but rather drawn out from observation of current layout, analysis of structures, information provided by builder and his knowledge and experience.

But i do agree on the point of second opinion. Will certainly try to find a structural engineer for a second opinion.

Could you please also answer the main question. Let's suppose that If expert opinion(architect/structural engineer) is positive ie., they give go ahead, then still if association or other owners disagree then does their non-consent hold valid from legal stand point?

Thanks!

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     16 August 2021

You are saying reverting to earlier plan. You mean to say earlier owner already made structural modifications which you wish to revert back to original plan? Whether Municipal permission was obtined by him then?

 

Making structural changes as and when Owners change  is dangerous in Apartments and other ownes naturally object. Better refer matter to Municipal Corporation and regularise the modifications made and obtain permission to make the modifications you want to make. 

P. Venu (Advocate)     16 August 2021

You already made your best efforts. The onus rests with the Society to make a decision by taking a second opinion if so inclined.

G.L.N. Prasad (Retired employee.)     16 August 2021

Once a structural engineer has given one opinion, no one can object anything to modifications inside your flat.  Finally, the aim is not to disturb others with our internal modifications.

1 Like

Kunal   16 August 2021

Originally posted by : SIVARAMAPRASAD KAPPAGANTU
You are saying reverting to earlier plan. You mean to say earlier owner already made structural modifications which you wish to revert back to original plan? Whether Municipal permission was obtined by him then? Making structural changes as and when Owners change  is dangerous in Apartments and other ownes naturally object. Better refer matter to Municipal Corporation and regularise the modifications made and obtain permission to make the modifications you want to make. 

Yes by reverting earlier plan i mean, First buyer made changes to original plan. I want to revert things to how they were in original plan with minor modifications like adding an enclosure for puja place etc.,

If by structural changes you mean if any RCC beams are being touched or load bearing walls being reconstructed. Architect doing the inspection cross examined and confirmed that no RCC structures are bing moved and no load bearing wall is being touched.

The two walls to be demolished are both 4 inches wall ie., non-load bearing wall, also not attached to any horizontal beam.

Sharon P. Brown   29 September 2023

In that case, I think you have a good chance of convincing the Society of the need for a rework.

You have already taken all necessary steps to prove that the alteration is safe and will not affect the structural integrity of the building. You have received a favorable opinion from a qualified architect and are ready to consult with a structural engineer.

In addition, you are willing to compromise to satisfy the concerns of other apartment owners. You are ready to add a fence for the puja area and you are ready to listen to their opinion about the need for remodeling.

Also, as for decorating the walls in my apartment, I plan to use best temporary wallpaper. Firstly, these are high-quality materials, and secondly, it will look stylish.


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