Repairs and Renovations of your flats

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REPAIRS AND RENOVATION OF YOUR FLATS
For renovation of your flat, as per section 342 of BMC Act, 1988 (amended till date), the following "tenantable repairs", can be carried out without obtaining permission from the TMC:
  • 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 TMC 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 Corporation’s (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 Corporation 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 TMC to dump the debris in an approved plot. For debris lying on the footpaths or roadside or even inside your building compound, you may be liable to be fined.
Repairs and Illegal construction
If member wants to do internal structural changes in his flat, he has to obtain approval from Municipal Corporation and a society NOC.
If such changes were made without the prior permission of the society, then the society can take action under the Bye-law No. 166 of the model Bye-laws and similarly can make complaint to the local authority in this regard.
Terrace repairs are the responsibility of the Society (Bombay High Court Writ Petition No. 7231 of 2002 Delivered on 28/06/2006)
Having regard to the recent building crashes, a specific provision has been made that if a member changes the usage of the premises and carries out unauthorized construction without permission of the society as well as of the competent authority, then he can be expelled.
Whose responsibility is leakage?
Old Bye-laws stipulated that internal leakage as well as external leakage of the premises was the responsibility of society. However, in the new Bye-Laws it is specifically mentioned that internal leakage will be the responsibility of the member.
Solution for solving leakage problem:
  • File police complaint.
  • Seek injunction for carrying out repairs and obtain stay order
  • Claim for damages to be ascertained by competent engineer at some later stage.
  • Seek the appointment of a commissioner also from the civil court to inspect your house and ascertain the extent of damage caused to your house along with a competent civil engineer.
  • Interim prohibitory injunction restraining that person from using the area which is the cause for the seepage 
  • consequent damage to your house pending disposal of the civil suit
  • Criminal cases can also be filed against him/her with charges of criminal intimidation and verbal abuses/insult.
  • For quick response file a petition u/s 133 crpc in the court of local 2nd Class Magistrate.
PLEASE TREAT THIS WRITE UP AS A GUIDELINE AND NOT REPLACEMENT OF LEGAL OPINION.
REGARDS,
DAYANAND NENE

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