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.
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What problem can arise if a flat without MHADA is taken in a building with some MHADA floors?
I recently saw a flat I liked, but the agent told me only certain floors in the building are under MHADA, not the one I’m about to finalize. He said it’s safe even though it’s not under MHADA, but I’m unsure about it. Can this cause legal or resale issues later? Has anyone dealt with this before?
raj
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2023-12-26T10:07:46+00:00 2025-08-18T15:16:16+00:00Comment
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