__________
Registration No. __________
__________
NO OBJECTION CERTIFICATE AND PERMISSION FOR INTERIOR WORK
To,
__________
Flat No. __________
__________
__________
Subject: Permission to carry out interior work in Flat No. __________
Madam / Sir,
1. THE SOCIETY, THE MEMBER AND THE COMMITTEE'S AUTHORITY
1.1 __________ ("the Society") is __________. It bears Registration No. __________ and functions from __________ in __________.
1.2 You, __________ ("the Member"), are a member of the Society in respect of Flat No. __________ ("the Flat").
1.3 The management of the Society vests in its managing committee ("the Committee"), and the Committee's power to permit or to refuse an addition, alteration or repair within a flat comes from the Society's registered bye-laws read with the law under which the Society is constituted. Where the Society is a co-operative housing society in Maharashtra, that power is drawn from section 73 of the Maharashtra Co-operative Societies Act, 1960 and the Maharashtra Co-operative Societies Rules, 1961, read with the Society's registered bye-laws — in most societies, the adopted Model Bye-laws, 2014, in their provisions on maintenance and repairs and on additions and alterations within a flat.
1.5 The Society records that it has no objection to ordinary interior work within a flat, and that the restrictions set out below are confined to work which affects the structure of the building, its external elevation, the common areas, or the position of a toilet, a water closet, a shaft or a duct.
2. THE WORK PERMITTED
2.1 The Society has no objection to, and permits, the Member carrying out the following work in the Flat ("the Work"):
2.2 This permission extends only to the Work described above. Any item not described above requires a fresh written permission of the Committee before it is begun, and carrying out such an item is a breach of this certificate whether or not it damages anything.
3. WORK THAT IS NOT PERMITTED
3.1 Except to the extent expressly permitted in clause 2 or clause 4 below, the Member shall not, in the course of the Work:
(a) demolish, cut, chase, drill through, weaken, load or in any manner interfere with a column, beam, slab, load-bearing wall, shear wall, staircase, chajja, parapet or any other structural member of the building;
(b) disturb the waterproofing or the membrane of a terrace, balcony, bathroom or sunk slab, otherwise than by restoring it to at least the same standard;
(c) alter the position of a toilet, a water closet, a bathroom, a kitchen platform or sink, a soil line, a waste line, a rainwater downtake, or a plumbing or ventilation shaft, or make a new connection into any common line;
(d) change the external elevation of the building in any way, including its colour, the grill design, the window frame or glazing, the flat door as seen from the common passage, or the position of an air-conditioner outdoor unit, its stand or its drain;
(e) enclose, cover, glaze, roof over or convert a balcony, a dry balcony, a terrace, a niche, a duct or an open space;
(f) occupy, store material in, cut or mix material in, or carry out any part of the Work in a lobby, staircase, landing, terrace, podium, parking area, garden or any other common area;
(g) tamper with, extend or overload the common electrical supply, the meter room, the water line, the pump, the fire-fighting line, a sprinkler, a smoke detector, the lift shaft, or the common television or data cabling;
(h) construct a loft, mezzanine or additional floor area, or merge the Flat with an adjoining flat or with any part of the common property;
4. STRUCTURAL WORK AND THE STABILITY CERTIFICATE
5. PERIOD OF THIS PERMISSION
6. WORKING HOURS AND NOISE
7. WORKMEN, THE CONTRACTOR AND ENTRY
7.4 Workmen shall use only the toilet inside the Flat. They shall not cook, smoke, chew or spit, consume liquor, play music, bathe at a common tap, wash at a common tap, or loiter or rest in a lobby, staircase, terrace, garden, parking area or any other common area, and shall not use the Society's recreation or club facilities.
7.5 The workmen are engaged by the Member or by the Member's contractor. Nothing in this certificate makes the Society their employer or their principal, and the Society is not answerable for their wages, welfare, safety or insurance. The Member shall ensure that proper safety equipment is used, in particular for work at a height, near a window or balcony opening, or on an electrical installation.
8. MATERIAL, LIFTS AND THE COMMON AREAS
8.2 Before the Work begins, the Member shall protect, at the Member's cost, the lift car and its flooring where a lift is used, the lift lobby, the corridor flooring and wall, and the staircase railing along the route to the Flat, and shall keep that protection in place until the Work is finished.
8.3 No material shall be cut, mixed, stacked or stored in a common area, even briefly. The passage outside the Flat's door shall be covered with a dust sheet, and the whole route used shall be swept and cleaned at the end of each working day.
9. DEBRIS, DUST AND WASTE
9.2 While dusty work is in progress the Flat's door shall be kept closed and screened, and the Member shall take reasonable steps to keep dust out of the corridor and out of the neighbouring flats.
10. DEPOSIT
10.2 The deposit is security for the cost of making good damage to the common areas or to the Society's property, for the cost of removing debris left behind, and for any charge properly levied under this certificate. It is not a fee, and it is not the limit of the Member's liability; the Member remains liable for anything beyond it.
11. AMOUNTS DUE AND HOW THEY ARE RECOVERED
11.1 Any amount payable by the Member under this certificate and not paid, and any amount by which the cost of making good damage exceeds the deposit, shall be debited to the Member's account with the Society and shall be recoverable as dues of the Society.
12. DAMAGE AND INDEMNITY
12.1 The Member is responsible for all damage caused by the Work — whether by the Member, by a contractor, or by any workman — to the building, the common areas, the Society's equipment and installations, and to any other flat. This includes damage by leakage, seepage, cracking, vibration, dust, blockage of a common line, and electrical fault, whether it appears while the Work is in progress or within six months after it is completed.
12.2 The Member shall make good such damage at the Member's own cost, to the Society's reasonable satisfaction, within the time the Society reasonably requires. If the Member does not, the Society may have it made good and recover the cost under clause 11.
12.3 The Member indemnifies the Society, the members of the Committee and the Society's employees against all claims, demands, actions, proceedings, losses, costs and expenses arising out of the Work — including a claim by the occupant of another flat, a claim by a workman for injury, a claim by a third party, and any fine or penalty imposed by a municipal or other authority on account of the Work. This indemnity survives the completion of the Work, the lapse of this permission and the refund of the deposit.
13. INSPECTION, SUSPENSION AND WITHDRAWAL
13.1 A member of the Committee, or a person authorised by it in writing, may inspect the Work at a reasonable hour, after reasonable notice to the Member, to satisfy the Committee that the Work is within this permission. The right is one of inspection only; the Society does not supervise the Work and takes no responsibility for it.
13.2 If the Work departs from this permission, the Society may by written notice require the Member to stop the offending part of the Work. If the departure is not corrected within the time stated in that notice, the Committee may, by a further written notice, withdraw this permission, decline entry to the workmen, and take such steps as are open to it in law to have the Flat or the building restored to its earlier condition at the Member's cost.
13.3 The withdrawal or lapse of this permission does not release the Member from clause 11 or clause 12.
14. WHAT THIS CERTIFICATE IS AND IS NOT
14.1 This certificate is the Society's permission alone. It is not a certificate of structural safety, not a municipal permission, and not a substitute for any permission, licence, intimation or approval required from the municipal corporation or council, the fire authority, the heritage authority or any other authority. Obtaining those, where they are required, is the Member's responsibility, and this permission does not excuse their absence.
14.2 This certificate does not create, confirm, enlarge or affect any right, title or interest of the Member in the Flat or in any part of the Society's property, and it is not an approval of the design, the materials or the quality of the Work.
14.3 Where the building is still within the period during which the promoter is liable to the Society or to the Member for structural defects, the Work may affect a claim against the promoter. The Member should take advice on that before beginning.
15. NOTICES
15.2 A notice sent by registered post or speed post to an address stated above is treated as served on the fifth day after posting, whether or not it is actually received.
16. DISPUTES AND JURISDICTION
Please sign and return the acceptance below before the Work begins. No workman will be admitted until the signed acceptance and the deposit have been received at the Society's office.
Yours faithfully,
For and on behalf of the managing committee of __________
(Seal of the Society)
ACCEPTANCE AND UNDERTAKING BY THE MEMBER
Signature: _______________________________
Name: __________
Date: _______________________________
Witnesses:
- 1. Name: ____________________ Signature: ____________________ Address: ____________________
- 2. Name: ____________________ Signature: ____________________ Address: ____________________
FOR THE SOCIETY'S OFFICE
Signature: _______________________________
For __________
Date: _______________________________
(Affix and cancel a one-rupee revenue stamp across the signature where the sum received exceeds Rs 5,000.)