__________
Registration No. __________
__________
NO OBJECTION CERTIFICATE AND PERMISSION FOR INTERIOR WORK
Ref. No.: __________
Date: __________
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.
1.4 This certificate is issued under __________ of the Committee, passed at its meeting held on __________, at which the quorum fixed by the Society's registered bye-laws was present. The resolution is recorded in the Committee's minute book and a copy is available for inspection at the Society's office.
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;
(i) draw water or electricity from a common point, or use the Society's water for civil work beyond what is ordinarily supplied to the Flat.
4. STRUCTURAL WORK AND THE STABILITY CERTIFICATE
4.1 The Society is entitled to refuse, and does refuse, permission for any work touching a structural member of the building unless it is supported by a stability certificate from a licensed structural engineer and, where the municipal law requires it, by the permission or acknowledged intimation of the municipal authority. That refusal is not an unreasonable one: the Committee owes a duty to the building and to every other member in it, and it is not competent to judge a structural question for itself.
5. PERIOD OF THIS PERMISSION
5.1 The Work may begin on or after __________ and shall be completed on or before __________. This permission lapses on __________ unless extended in writing by the Committee.
5.2 If the Work cannot be completed by that date, the Member shall apply in writing for an extension before the date expires, stating the reason and the further time required. An extension shall not be unreasonably refused.
6. WORKING HOURS AND NOISE
6.1 The Work shall be carried out only between __________ on working days. No work of any kind shall be carried out on __________.
6.2 Work that produces noise or vibration — breaking, drilling, chiselling, cutting of tile or stone, and the use of a hammer, grinder or breaker — shall in no case be carried out between 10.00 p.m. and 6.00 a.m., that being the night period under the Noise Pollution (Regulation and Control) Rules, 2000, which prescribe an ambient limit of 55 dB(A) by day and 45 dB(A) at night for a residential area.
7. WORKMEN, THE CONTRACTOR AND ENTRY
7.1 Before the Work begins, the Member shall give the Society's office a list of every person who will work in the Flat, with a photograph, a photo identity document and a local and a permanent address for each, and shall inform the office of any addition to that list.
7.2 Workmen shall be admitted to the Society's premises __________. Where the Member engages a contractor for any part of the Work, the Member shall give the Society's office that contractor's name, address and contact number before the Work begins, whether or not a contractor is named in this certificate.
7.3 Overnight stay of workmen in the Flat or anywhere in the Society's premises is __________.
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
8.1 Material, debris and workmen shall be moved through __________.
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
9.1 Debris shall be removed from the Society's premises __________. Debris shall not be thrown down a chute, a shaft, a duct, a staircase, a window or a balcony, and shall not be allowed to accumulate in a common area or in the Society's compound.
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.
9.3 The Member shall comply with the municipal rules on the handling and disposal of construction and demolition waste, and shall not permit debris to be dumped on a road, a footpath, a vacant plot or a nullah. Any fine levied on the Society on account of the Member's debris shall be borne by the Member.
10. DEPOSIT
10.1 Before the Work begins, the Member shall place with the Society a refundable, interest-free deposit of __________, payable __________.
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.
10.3 The deposit shall be refunded, without interest and after deducting any amount properly appropriated, within __________ days of the later of (i) the completion of the Work and (ii) the Society's inspection of the lift, the lobby and the route used. The Society shall carry out that inspection within seven days of the Member's written notice of completion; if it does not, the inspection is treated as having been carried out on the expiry of those seven days and the refund period runs from then. The Society shall give the Member a written statement of every deduction, with the supporting bill.
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.
11.2 Where the Society is a co-operative housing society in Maharashtra, dues from a member are recoverable on an application to the Registrar under section 101 of the Maharashtra Co-operative Societies Act, 1960, on which a recovery certificate may issue and be executed as an arrear of land revenue. The Society may also take an outstanding amount into account when it considers a further application by the Member for a permission of this kind.
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.
12.4 Leakage into the flat below is the commonest consequence of bathroom and kitchen work. Where any bathroom, kitchen or balcony floor is opened up, the Member shall have the sunk portion re-waterproofed and shall have it ponded and tested for leakage before it is tiled over, and shall give the occupant of the flat below reasonable access to satisfy himself or herself.
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
15.1 A notice under this certificate is validly given if it is delivered by hand against acknowledgement, or sent by registered post or speed post — to the Member at the Flat and at the address recorded in the Society's register of members, and to the Society at its registered address.
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
16.1 A dispute between the Society and the Member arising out of or touching this certificate shall be referred to __________. The courts and authorities at __________, __________ shall have 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 __________
_______________________________ _______________________________
__________ __________
Hon. Secretary Chairman
(Seal of the Society)
Place: __________
Date: __________
ACCEPTANCE AND UNDERTAKING BY THE MEMBER
I, __________, the Member in respect of Flat No. __________ of __________, have read this certificate bearing Ref. No. __________ dated __________. I accept every condition in it, I undertake to carry out the Work strictly within it and within the period it allows, and I confirm the indemnity in clause 12. I confirm that I have paid, or will pay before the Work begins, the deposit of __________. I accept that this permission may be withdrawn if I depart from it.
Signature: _______________________________
Name: __________
Date: _______________________________
Witnesses:
- Name: ____________________ Signature: ____________________ Address: ____________________
- Name: ____________________ Signature: ____________________ Address: ____________________
FOR THE SOCIETY'S OFFICE
Received from __________ the refundable deposit of __________ __________ in respect of Flat No. __________, against Ref. No. __________.
Signature: _______________________________
For __________
Date: _______________________________
(Affix and cancel a one-rupee revenue stamp across the signature where the sum received exceeds Rs 5,000.)