Can You Construct a Shed in Your Society Parking?

Responding to a common query, we delve into the intricacies of constructing a shed in a society's parking area. Understand the legal and societal rules involved and the steps to take before making any construction plans.

Understanding the Society's Rules and By-Laws

When it comes to construction in a housing society, the community is subject to strict regulations. Society by-laws, which are often approved by the Registrar or Deputy Registrar of Co-operative Societies, dictate the rules that members must adhere to. For any construction—be it a shed, renovations, or minor repairs—a written approval from the society's managing committee is required.

These by-laws also govern activities within individual flats, including interior modifications. Bear in mind that even if the construction is funded by you, you need to seek permission from the managing committee. It's vital to refer to these rules before proceeding with any construction plans.

Legal and Regulatory Considerations

Construction within a society is not as straightforward as it might seem. While you own a share in the society and its assets, you do not have full ownership rights over the land or parking spaces. These areas are typically managed by the society.

An important aspect to consider is the Formula(s) of Space Index (FSI) laws. Covering any plot of land with a roof increases the FSI of the building. Therefore, without explicit written approval from both the society and the city corporation, you cannot legally construct a shed over a parking area. Seeking such permission is essential to stay compliant with these laws.

Social and Legal Rights Within the Society

Even if your society allows you to cover the parking area with a canopy or a temporary shelter, it's crucial to understand that car parking spaces are part of the common property. No construction, even temporary, can be done without the consent of the society.

Other flat owners have a say in maintaining the common spaces. If they object to your plans, it's important to respect their concerns and adhere to the collective agreement. Misuse of parking spaces, like converting them for other purposes, is not permitted without the approval of the society's managing committee.

Frequently Asked Questions

Many homeowners wonder about the legality of constructing a shed in their society's parking area. Here are some common questions and their answers:

Q: Can I construct a shed without the society's permission?
A: No, you cannot. Even if you purchase the shed with your own funds, you must obtain written permission from the managing committee. Non-compliance can lead to legal action and potential fines. Q: Is it legal to cover the parking area with a roof or canopy?
A: Yes, as long as it's approved by the managing committee. However, you must ensure that the canopy does not encroach upon the common parking space. Minor protections from sun and rain are usually allowed, but permanent structures require approval. Q: What happens if the society denies the construction?
A: If the society denies your request, you may have to look for alternative solutions, like paying for a private shelter or canopy. Attempting to build without permission may result in legal objections and even legal actions.

Conclusion

Successfully constructing a shed or shelter in your society's parking area is a multifaceted process involving both legal and societal considerations. Adhering to the by-laws, seeking approval from the managing committee, and respecting the intent of the property ownership terms are non-negotiable. If you're unsure or facing opposition from other flat owners, consulting a legal expert will help you navigate these complex issues.