I recently bought 2 BHK ready possession flat in Pune. Builder has given me copy of occupation certificate and possession as well.
Per my interior’s advise I demolished a wall between Kitchen and Living (it is non-load bearing wall)and built it again at distance of 2 feet. This made my living larger.
As of now builder is maintaining building and soon going to form Condominium of Apartment.
Builder is totally aware of my change but I have not take anything in written from him.
Did I commit mistake by not taking permission from builder or PMC ?
Is there any chance that I can regularize this now ?
I C Naik
It appears your interior adviser is not confident about legality of the advice he gave you on which you acted upon and now have a cold feet. If there is any apprehension he is the first to be held accountable.
There are Development Control Rules for Pune Municipal Corporation, Pune1982 (DCRPMC 1982 ). These Rules apply to building activity and development work in areas under the jurisdiction of Pune Municipal Corporation Pune.
Rule 2.6 of DCRPMC 1982 defines the term Alteration for these Rules as under : Alteration as referred to in section 43 (i) of the Maharashtra Regional and Town Planning Act shall not include a change from one occupancy to another or a structural change, including construction of, cutting into or removal of any wall, partition, or a change in or closing of any means of ingress or egress, filling refilling and reclamation by any sort all such operations not being exempt from the requirement of permission.
This is quite funny way of defining a term in a statute. So let us understand it in relation to the question if “removal of a kitchen wall with a view to construct it at another location” is permissible at the will of the Apartment owner alone.
Alteration as referred to in section 43 (i) of the Maharashtra Regional and Town Planning Act 1966 (the MRTPA) are these (i) for carrying out works for the maintenance, improvement or other alteration of any building, being works which affect only the interior of the building or which do not materially affect the external appearance thereof; except in case of heritage building or heritage precinct;
Phrase “being works which affect only the interior of the building” appears to be close to “removal of any wall”
Alterations listed U/S 43(i) do not require prior permission of the Authorityi.e. exempted activities. The exclusion of “removal of any wall” from exempted activities means such activities cannot be undertaken without permission.
Rule 5.1 of DCRPMC 1982 PROVIDES
“No person shall carry out any development, erect, re-erect or make alterations or demolish any building or cause the same to be done without first obtaining a separate building permission/commencement certificate for each such development work/building from the Authority.
For regularization, you may have to approach authorities as they have in most cases solutions not imaginable by a common man.
