Neighbourhood concern

October 25, 2014 12:00 am | Updated May 24, 2016 04:20 pm IST

Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

My builder has provided covered car park as per CMDA norms (8'x15') in the stilt area. But the passage is so narrow with a wall on one side and pillar on the other side, that even a small car cannot be turned inside the parking space provided. I have complained about this, but it has been left unattended. The builder is yet to hand the building over to the owner's association (not formed yet). Can I stop its formation unless my problem is solved? We are 10 owners but only four of us have this problem. What remedy do I have? Please advise.

V.B.Menon

Kochi

Car parking spaces in the stilt are governed by a judgment of the Supreme Court of India in a case arising out of Maharashtra Ownership Flats Act and the rules framed thereunder. A distinction was drawn between a ‘garage’ and ‘stilt parking space’ in the said judgement. It was held that the stilt parking spaces shall form part of ‘common areas and facilities’.

Since the building is not yet handed over, you can insist that the Builder rectifies the defect without affecting the structural stability of the building. If it is not feasible, the Association, when constituted, can decide and implement the allotment of usable car parking spaces taking into account the best interest of all the owners.

I bought a flat three years ago. I have nothing to complain about the quality of the construction, but a design problem that I thought was minor has reached gigantic proportions. The kitchen in the next block is approximately 5 feet from my bedroom. Two years ago, it was let by the owners. We had no problems with the first tenants, but the present tenants are a husband and the wife who both work in IT firms. Their domestic life starts around 10 p.m. and continues into the night with cooking noises, washing, and loud talking. Who should I sue? The nocturnal neighbour or the builder or the local authority (Chitlapakkam Local Town Panchayat) which approved the building plan? Can I ask the builder to make some modification like sound-proofing the windows at his own cost?

V.S.Sathyan

Chitlapakkam

It is not clear whether your building has a registered Owners’ Association. Normally, the Bye-Laws of the Building Association would cover these aspects of nuisance and disturbances to other occupants.

You can perhaps, along with a few other senior residents, approach your neighbour, explain your problem and seek their co-operation. If it is of no avail, you can send a registered letter or an email urging them not to cause any nuisance to the other occupants of the building. If these steps do not yield results, you have to make your own arrangements to sound-proof your apartment by engaging experts in this area. If your Builder is willing to consider your request to undertake this work after three years of purchase, you can certainly use this to your advantage.

Initiating and prosecuting legal proceedings against your neighbour may not be a desirable course of action, taking into account your age and health condition. However, you can keep this as the last option.

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