Jacob Mani asked 8 months ago My flat and building developed cracks due to construction of mezzanine floor illegally by 9 flat owners. ie. they made 3bhk to 4bhk by utilizing 20 ft high hall or balcony. building consists of 16 duplex flats. I gave complaint to CMDA and no action taken. How to proceed?
Legal Action for Unlawful Construction: Seeking Resolution for Cracked Flat and Building
Understanding the Situation of Building Cracks Issue
OverviewA homeowner finds themselves in a precarious situation as their flat and the entire building have developed cracks. This issue stems from the illegal construction of a mezzanine floor by nine flat owners. These individuals converted their 3BHK flats into 4BHK by utilizing the 20-foot-high hall or balcony space. The building in question comprises 16 duplex flats.Key Points- Cracks in the flat and building due to illegal mezzanine floor construction.
- Nine flat owners converted 3BHK to 4BHK by utilizing communal space.
- Building consists of 16 duplex flats.
Seeking Resolution
Legal RecourseIn such cases, taking appropriate legal action becomes imperative. Here's how the homeowner can proceed:- Consultation with Legal Experts
- Seek guidance from legal professionals specializing in property and construction law.
- Understand the legal implications and potential courses of action available.
- Documentation and Evidence Gathering
- Collect evidence documenting the illegal construction, such as photographs, building plans, and correspondence with relevant authorities.
- Obtain expert opinions or reports highlighting the structural damage of Building Cracks caused by the unlawful alterations.
- Exploring Remedial Measures
- Assess the extent of damage and explore options for remediation, including repair or restoration of the affected areas.
- Evaluate the feasibility of seeking compensation from the responsible parties for the incurred damages.
- Engagement with Authorities
- Revisit the complaint filed with the Chennai Metropolitan Development Authority (CMDA) and escalate the matter if no action has been taken for Building Cracks.
- Request a thorough investigation into the illegal construction and its impact on the structural integrity of the building.
- Initiating Legal Proceedings
- Consider filing a legal suit against the nine flat owners responsible for the unlawful construction.
- Seek court intervention to obtain injunctive relief, restraining further alterations or modifications to the building structure.
Conclusion
Moving ForwardIn conclusion, addressing the issue of cracked flats and buildings resulting from illegal construction requires a systematic approach involving legal consultation, evidence gathering, engagement with authorities, and potential legal proceedings. By taking proactive steps and seeking appropriate legal remedies for Building Cracks, the homeowner can work towards resolving the situation and safeguarding their property rights.Read More
1 Answers
chennai legal firm Staff answered 8 months ago Legal Guide: Resolving Illegal Mezzanine Floor Construction in Your Building
As a law firm, here is a step-by-step legal solution for your situation:- Initial Consultation: Schedule a consultation with a qualified attorney who specializes in property and construction law. During this consultation, provide all relevant documents and details regarding the illegal construction of the mezzanine floor by the nine flat owners.
- Document Review: Your attorney will carefully review all documents related to the ownership of your flat, the building's construction plans, any relevant building permits, and the complaints filed with CMDA (Chennai Metropolitan Development Authority).
- Legal Assessment: Based on the information provided, your attorney will assess the legality of the mezzanine floor construction and the potential violations of building regulations and local laws. They will also evaluate the options available to you for seeking resolution.
- Notice to Flat Owners: Your attorney can draft a formal notice to the nine flat owners responsible for the illegal construction, informing them of the violations and demanding remedial action within a specified timeframe. This notice may also warn of legal action if the issue is not resolved satisfactorily.
- Mediation or Negotiation: If appropriate, your attorney may attempt to facilitate mediation or negotiation between you and the flat owners to reach a mutually acceptable resolution. This could involve removing the illegal construction, compensating for damages, or other remedies.
- File Complaint with Appropriate Authorities: If mediation or negotiation fails or is not feasible, your attorney can assist you in filing a formal complaint with the CMDA or other relevant regulatory authorities, providing all necessary evidence and documentation to support your case.
- Legal Action: If the CMDA or other authorities fail to take action or if the issue remains unresolved, your attorney can advise you on pursuing legal action through the appropriate legal channels. This may involve filing a lawsuit against the flat owners responsible for the illegal construction, seeking injunctive relief, damages, or other remedies.
- Court Proceedings: If the matter proceeds to court, your attorney will represent you throughout the legal process, advocating for your rights and presenting evidence to support your case. The court will then make a determination based on the evidence presented and applicable laws.
- Enforcement of Court Orders: If the court rules in your favor, your attorney will ensure that any court orders or judgments are enforced, including the removal of the illegal construction and any awarded damages or penalties.
- Follow-Up and Compliance: Your attorney will continue to work with you to ensure that the issue is fully resolved and that the building is brought into compliance with all applicable laws and regulations.
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