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Q.

What problem can arise if a flat without MHADA is taken in a building with some MHADA floors?

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11 months

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1 2023-12-27T18:52:56+00:00
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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:

  1. Legal and Regulatory Challenges:

    • Unauthorized Occupancy

      : Owning a flat without MHADA approval may render it

      unauthorized

      within 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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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