When a flat without MHADA (Maharashtra Housing and Area Development Authority) is taken in a building that also contains MHADA floors, several issues can arise. Let’s explore them:
Legal and Regulatory Challenges:
- Unauthorized Occupancy
: Owning a flat without MHADA approval may render it
unauthorizedwithin the building.
- Occupancy Certificate (OC)
: MHADA-approved flats receive OCs, ensuring compliance with safety norms. Non-MHADA flats lack this certification.
- Building Bylaws
: MHADA buildings adhere to specific bylaws. Non-MHADA flats may not comply with these regulations.
- Unauthorized Occupancy
Infrastructure and Amenities:
- Shared Facilities
: MHADA buildings often share common amenities (water supply, sewage, etc.). Non-MHADA flats might not have access to these services.
- Maintenance
: Maintenance costs are shared among all residents. Non-MHADA flat owners may face challenges in contributing to these expenses.
- Shared Facilities
Resale and Valuation:
- Market Value
: Non-MHADA flats may have lower market value due to the lack of an OC and MHADA approval.
- Resale Difficulty
: Selling a non-MHADA flat within an MHADA building can be challenging. Buyers often prefer MHADA-approved properties.
- Market Value
Redevelopment Issues:
- Redevelopment Eligibility
: Non-MHADA flats may not qualify for redevelopment benefits.
- Incentive FSI
: MHADA buildings receive additional Floor Space Index (FSI) during redevelopment. Non-MHADA flats miss out on this advantage.
- Redevelopment Eligibility
Legal Disputes:
- Cooperative Housing Society (CHS)
: MHADA buildings operate under CHS rules. Non-MHADA flat owners may face disputes related to voting rights, maintenance, etc.
- Rights and Obligations
: Non-MHADA flat owners might not enjoy the same rights as MHADA-approved residents.
- Cooperative Housing Society (CHS)
Financial Implications:
- Property Taxes
: Non-MHADA flats may attract different property tax rates.
- Loan Eligibility
: Banks may hesitate to provide loans for non-MHADA flats.
- Property Taxes
MHADA’s Role:
MHADA may intervene if non-MHADA flats cause issues within the building.
MHADA’s regulations could impact non-MHADA flat owners during redevelopment or structural changes.
What problem can arise if a flat without MHADA is taken in a building with some MHADA floors?
raj
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2023-12-26T10:07:46+00:00 2024-03-27T16:01:23+00:00Comment
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