new constrruction disputes

[ramakanthhg]

hi,

I need help from the forum people. im facing a problem, plz help me in this regard.

im having a old house constructed in 1971, my parents allowed my neighbor to build his house with attached wall to my house. recently they sold the house to another one. and they demolished the old house and now constructed the new house with same joined wall. but i opposed to do this. they got the building licence and plan approval to do so. when i enquired about this in muncipal council they told as per zonal regulations they are having the plot which is having less width that is 5.79 meters( 19 feet) so they dont need to leave the setbacks on both sides. thats why we approved the plan with no setback on your house side. so they are constructing the house with joined wall. then i asked is it not necessary to take my consent or no objection certificate to do so. they told its not required. because of their construction the water of the work getting absorbed to my house wall and getting damaged. what i have to do now. and they are constructed ther buikding violating the sanctioned plan too.

and also they got licence and plan for ground and first floors. ground floor for parking, but now they are starting paper plate manufacturing industry in that parking area. what legal actions i may take if any supporting documnets are there plz provide me

hoping for the needfull help

thanking you
h g ramakanth

[msn1270]

Dear Ramakanth

For smaller sites like 20X30 size, setback areas required is only on 2 sides of the site, usually on the front and one side. Not on all the 4 sides.
I assume the site size is around 20X30 or so, as you mentioned one dimension as 19 ft. If so, there is no need for any consent from neighbor as
long as their construction is within the permissible limit(sanctioned plan + <5% violation acceptable). Refer the attached image for clarity.

If your neighbor has violated the construction against the sanctioned plan & any commercial activities within the residential permission, you can
pursue the legal action & also you have rights to claim damages made by your neighbor on to your building.

From future point of view, as you both live there together & need to see each other's face regularly, its always advised to have a good relation and
co-operation among the neighbors. So better to sit together and convince him about your concern and settle for a amicable solution.