Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm
We are demolishing our old apartment complex and constructing a new one by way of a joint development. Some of the flat owners within the complex are of the opinion that since the existing layout is more than 30 years old, open space reservation (OSR) is not required.
Will an elimination of 10% OSR amount to a violation of building laws?
If OSR is mandatory, is it necessary to deduct 10% of land while working out the built-up area proposed for a new building’s construction? Please advise.
- Jayanthi B
Chennai
OSR will not be applicable if the extent of site is below 3,000 sq.m. If the land is more than the exempted limit, at the time of processing your building plan approvals, the authorities will determine the OSR requirements based on the size of the plot. The final approval will be issued only after transfer of OSR land, if the same is applicable.
I have been residing in a residential community at Siruseri for over six years. I am planning to renovate my unit (owned) and looking at getting my team of workers for the project. The apartment association is not allowing me to bring in the team and let them stay inside my flat. Please advise.
- Asokan T
Chennai
The bye-laws of your association governing these aspects have to be looked into to answer your query. If the association is concerned about the safety of the other occupants in the building, you may have to come to a mutually acceptable solution in the interest of all concerned.