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Changes to layout of a building after selling the flats

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Changes to layout of a building after selling the flats

Last updated: December 4 2018
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  • Changes to layout of a building after selling the flats

    I purchased a flat in Pune, where the brochure showed that facing the flat was open space. That was the main reason for choosing this particular flat. After 20 years, now the builder wants to build a huge building in the open area which will completely block the light, breeze and the open space in front my flat. The society is under the control of the builder and may give the necessary approvals. As an individual affected member do I have any rights and is there some way I can stop this construction or modify it in a manner that my flat is not affected? Pl assist.
  • #2

    #2

    Re : Changes to layout of a building after selling the flats

    if the society is still under control of the builder..........oops nothing can be done.

    its something like small fish trying to eat monster fish.

    please do not take anything personal.

    if the land where builder was planning to construct now is still under the existing society premises, and was not shown before (layout plan of your buildings) things can be in your favour. but you can do it alone. there is an classical case in baner with gera builder, you can search the internet and get some more details in it.

    first and foremost, your building must get society registered and get the completion certificate and get the land rights transfered to your societies name. it will take much pain and time. best of luck.

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    • #3

      #3

      Re : Changes to layout of a building after selling the flats

      Here is the normal sequence in the best case scenario.

      1. Builder sells flats which become property of members.

      2. Housing society is formed which provides administration/services to all members. Basically builder gets out of running affairs of the premises and hosuing society takes care of stuff including open areas.

      3. Unless land on which the Housing society is conveyed, builder still owns the title of the land.

      4. If builder tries to construct in open area, housing society can file a case and stop construction.

      In your case it appears that even after 20 years society is not formed which is rather strange.

      Even as an individual you can file a case most probably in consumer court claiming that you paid for something that was promised in the brochure. But it is being taken away as of now.

      If the society was formed, it would have been easier to get an injunction.

      Either way, it requires lot of effort/determinination.

      All the best


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