Query from Anil D’souza

First of all… please accept my thanks for your service to the common good through your advice on housing society matters.

We are located in Maharashtra.

We are currently facing an issue relating to the difficulty of parking 4 wheelers in some of the assigned garages.

If two wheelers are parked ahead of some garages, it becomes very difficult for their car owners to manoeuvre their 4 wheeler into them. Such garages have a hollow brick wall structure abutting the pillar. This structure runs from the ground floor right up to the last floor.

It is the contention of some of the owners that removing this will not harm the structural strength & integrity of the building.  They propose to remove these brick walls from the ground floor till the first floor. They say that this structure is not load bearing and that the brick wall on higher floors is supported by RCC.

While others oppose such a move fearing risk to the structure. The committee had obtained an opinion from a structural engineer that removing the wall would not harm the structure. Some members however expressed that they would want another independent, impartial professional to opine. These members also expressed that the committee should exhaust other options such as creating a shed behind under the trees, restricting parking to only 1 vehicle per flat, looking at alternative locations for parking 2 wheelers, etc, before considering the brick wall removal option.

If it is found that we need to consider the brick wall removal option, what would your guidance be to the committee on the following aspects:

1.The due process to be followed to ensure compliance with all regulatory requirements, both within the society and with appropriate external government bodies, if any.

2.Who would be the competent authority/authorities to review and approve the proposed modifications?

3.Any other important aspect you would want us to consider.

I realise this has been a long write- up and I grateful to you for your time.

Please do give us your opinion.

If you would be posting your response on the indiancooperative.com website, do let me know. It will be great if you could also reply to my personal email.

I C Naik

Building plans are always pre-approved by BMC and after such approval certain changes are allowed which does not require approval. :

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

So any other change will require prior approval of the BMC.

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