FORUM
Building a house or commercial complex
I own land on the shores of Muttukadu lake on OMR{lcub}within 500 mts.{rcub}What are the
C.R.Z. on building a residential or a commercial property? The promoter says panchayat approval is enough. Active construction is already going on in adjacent plots.
Name withheld on request.
Our panellist, Mr. R.L.Narayanan replies: As the property is situated in Coastal Regulation Zone (CRZ), no approval can be granted by any authority for construction of residential or commercial property as per present regulations. As such, the construction on the adjacent plots may not be approved.
Rent not paid
I let a shop (1200 Sq ft area) in Chennai to a tenant 10 years ago. Nowadays he is not doing any business at the premises and keeping unwanted items in the shop. He has not paid the rent for the past 7 months stating that his business was dull and asks settlement in lakhs to vacate the shop? What is the remedy and what kind of legal action can be initiated?
Mr. Narayanan replies: The tenant cannot keep the premises closed continuously for a period of four months or more without reasonable cause. If he does so, he will be liable for eviction. Further, the tenant is required to pay the rents promptly and without default and unless there is a justifiable reason, the non-payment of rent will amount of a wilful default of payment of rent. You can take action against the tenant for vacating the premises and for delivery of possession to you on the above grounds. The petition has to be filed before the Rent Controller or the appropriate authority depending on where the premises is located. Other relief may also be available to you. Please consult your advocate before finalising the course of action.
In confusion
I thought of buying a second floor flat which got CMDA approved as a first floor due to stilt basement. But the builder constructed two houses in the basement and sold it out. As per CMDA approval plan, there is no basement house.
I am in confusion to buy the second floor flat, due to this reason. As per the CMDA plan they have got permission for two houses in this floor. But they constructed three. But my flat has one kitchen and the area is also within the CMDA approval plan.
What shall I do further to buy the flat? This flat is already in a ICICI Housing loan for some amount..
E.Ashok Kumar
Mr. R.L.Narayanan replies: The municipal authority can insist and take action for bringing the construction in accordance with the approved plan. Hence, you have to consider the overall impact on the apartment that you propose to buy, if such proceedings are launched by the authorities. Even if the apartment you propose to buy is approved, you have to check on the possibility of resale if action were to be taken for demolition or correction of deviations in the complex. You can also take the advice of an architect or a civil engineer.
Common wall
Can the owner of an apartment increase the length (lowered it by about 2 feet) of his window on the outer wall of his apartment adjoining the open terrace space with a grill fixed on hinges which he calls as a french window. The purpose as it looks is to have a short cut (instead of going round the building) to the open terrace space for putting out clothes for drying. There was no permission sought from the association for the same. Is the outer wall a common wall ?
R N Chanana
Chennai 600073
Mr. R.L.Narayanan replies: Usually, there is a provision in the construction agreement entered into with the builder that the allottee will not change or alter the exteriors of the apartment provided by the builder. Even otherwise, the exteriors cannot be altered without approval of the authorities.
The normal rule is that for effecting any change of a permanent nature, approval of the authority concerned is required.
The outer wall has to be normally considered as part of the façade of the building, which cannot be changed by individual allottees as it may result in the violation of the plans already approved.
Please obtain a report from a civil engineer on the aspects of violation or otherwise of the change effected
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