Suresh
Our complex consists of three wings and we were all one society. Somewhere two years back our wing separated and formed a separate society. A number of residents had made alterations to their flats before shifting, which included merging two bathrooms, extending their rooms by including the floor beds, changing the kitchen location etc. This was known to all. More importantly, the chairman himself has done this across his flat.
Now recently some members have also extended their rooms by including the flower bed areas into their rooms. During this period the Secretary was out of town nearly for 5 months and there was no one to manage the affairs. On his return he wants to only penalize these members. His contention is that what has happened earlier is not his responsibility.
Is he justified in taking such a view? My understanding is that any rule or law should apply to all members. Secondly, he has to inform the Municipal authority and cannot levy any penalty as such
Lastly what is the maximum penalty that can be levied by the society? I understand that a recent amendment limits this to Rs.1000/.
I C Naik
Secretary should inspect every flat in presence of another member after informing the concerned member in advance. Every alteration should identified as per BMC Rules quoted below and file suggested action report to the Committee,
BMC Rules for Repairs to Flats
As per section 342 of BMC Act, 1988 (amended till date), the following “tenantable repairs”, can be carried out without obtaining permission from the BMC:
- Plastering, painting, pointing of your flat
- Providing guniting to the structural members or walls
- Changing floor tiles
- Repairing WC, bath or washing places
- Repairing or replacing drainage pipes, taps, manholes and other fittings
- Repairing or replacing sanitary, water plumbing or electrical fittings
- Replacing the roof with the same material
- Replacement of existing water-proofing material of the terrace.
The only pre-condition to the above works are:
- The original tenantable structure (whether rental or ownership) must be legal.
- Though no BMC permission for the above is required, it is advisable to do so under strict supervision of a registered Architect and/ or Structural Engineer
The following “tenantable repairs” however shall NOT include:
- Replacing or removal of any structure members of load bearing walls
- Change in horizontal or vertical existing dimensions of the structure
- Lowering of plinth, foundations or floors
- Addition or extension of mezzanine floor or loft
- Flattening of roof or repairing roof with different material
- No merger of tenancies by removal or opening of any walls in between two or more tenancies.
- Changing location of bathroom/ WC/ kitchen sink, in a way that can cause leakage to residents below.
There is also a lot of confusion regarding the safety grills installed in our balconies. Newer buildings come with the permission to install grills. For the older buildings, grills can be “legalized” by writing to the BMC (Building & Factory department) and attaching the following documents:
- Society or Landlord NOC
- Original floor plan of the property (flat)
- Approximately Rs 2,000 fee (exact amount depends on the area of window covered)
Before starting renovation work on your property, if you are in doubt, it may be safe to take ‘dated’ pictures of the property and submit a letter to the local BMC office, also attaching a copy of the Architect’s proposed plan.
Debris has to be collected and removed immediately by a contractor, who is authorized by the BMC to dump the debris in an approved plot. For debris lying on the footpaths or roadside, you may be liable to be fined.
Very good information. By paying penalty of Rs. 1000/- you can modify the layout of your floor plan? Surprising isn’t it?