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

I own an apartment in a residential complex comprising over 150 flats. As per the by-laws of the Association (formed by the residents after the property was handed over by the builder), flats can not be used as commercial property.

But I wish to use my flat as an office for my export company (five staff members, including myself). There will be no loading/unloading activities or visitors apart from courier delivery personnel. All my neighbours have no objection to this, but the Association is not granting me approval.

Can I seek legal action to resolve this issue?

Manoj Kumar Sharma

Chennai

If approvals and sanctions obtained at the time of construction have been obtained for a residential building, the apartments have to be used for residential purposes only.

I have purchased a flat in Chennai that has a total land area of 1,733 sq.ft. There are five other flats in the complex: four flats of 800 sq.ft. with UDS of 380 sq.ft., and one ground floor flat of 600 sq.ft., with UDS of 190 sq.ft, The land owner has retained 23 sq.ft. of UDS with her.

The builder, being the son of the land owner, has constructed a small room, which is mentioned in the plan as an electrical room and a toilet (not shown in the plan). The builder now plans to occupy the room for his own office purpose.

Does he have the right to do so?

L.Murari

Chennai

If, in the approved building plans, the room is shown as electrical room, it has to be maintained that way. The builder cannot use the same as office room nor can he add a toilet which is not shown in the plan. Any flat owner or the owners collectively can send a complaint to the sanctioning authority to demolish the unauthorised construction.