I stay in a 60-flat housing complex where about 30 owners have taken possession. The rest of the flats will take another six months to be ready for possession. The whole complex, including amenities like community hall and health club, will take at least 12 more months to be complete.
Is the promoter responsible for its maintenance till the project gets the completion certificate or should the flat-owners bear the cost'
Also, when can we form the flat-owners’ association'
D.K. Shibal, on email
Although 30 owners have moved in, it is illegal to take possession of a flat and start living without obtaining the completion certificate.
The promoter has to bear the maintenance cost till the civic authorities give the completion certificate.
The flat-owners’ association can be formed anytime.
I bought a flat in Shakherbazar near the James Long Sarani crossing seven years ago. The registration and mutation were done in 2000.
The promoter has now constructed two asbestos-shed shops on the underground water reservoir and is planning to sell them. He still occupies the caretaker-and-pump room while the caretaker stays in the meter room.
Defying the sanctioned plan, the promoter also converted the garages into six shops and sold four of them.
1) Can he construct shops on the water tank'
2) Can an outsider stay in the caretaker’s room'
3) Can our caretaker stay in an unsafe place like the small meter room'
4) Can the promoter sell the garage space as shops'
5) How many garages need to be kept for 16 flats'
Atasi Sur, Calcutta
1) Although municipal building rules allow change in a plan by making alternative arrangements, it is unlikely these shops will be permitted.
2) It is up to the owner of the room to decide who will stay. If the flat-owners’ association is the deciding authority, it can act accordingly.
3) This is a safety issue that the residents have to decide on.
4) The promoter cannot sell the garage space without changing the plan and municipal authorities are unlikely to allow such a change.
5) The number of garages will depend on the size of the flats.
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