Tenancy, PG, and Use of Premises

Can society restrict modifications a tenant wants to make in the flat?

Yes, a society can restrict modifications that a tenant wants to make in the flat.

Yes, a society can restrict modifications that a tenant wants to make in the flat.

Written By: GatePal Analyst

Last Updated on

Short Answer

Yes, a society can restrict modifications that a tenant wants to make in the flat.

Detailed Explanation

Section 73 of the Gujarat Cooperative Societies Act, 1961 empowers the society to make by-laws for various purposes, including regulating the use and occupation of flats. Rule 56 of the Gujarat Cooperative Societies Rules, 1965 further elaborates on the powers of the society in this regard. These provisions allow the society to impose restrictions on modifications that tenants can make in their flats.

In practice, societies often have by-laws that outline the permissible modifications and alterations that tenants can undertake in their flats. These by-laws are designed to maintain uniformity, safety, and aesthetics within the society premises. For instance, a society may prohibit structural changes that could compromise the building's integrity or alter the external facade.

Real-world Scenarios

  • A tenant wishes to install a new air conditioning unit that requires drilling through the external wall. The society's by-laws may restrict such modifications to preserve the building's structure and appearance.

  • Another tenant wants to change the flooring in their flat from tiles to wooden flooring. The society may have guidelines specifying the types of flooring allowed to maintain consistency in the building.

Step-by-step process:

  • Tenants should first review the society's by-laws regarding modifications in flats.

  • Obtain permission from the society before making any alterations.

  • Comply with the guidelines set by the society to avoid any legal repercussions.

Reference

  • Section 73 of the Gujarat Cooperative Societies Act, 1961

  • Rule 56 of the Gujarat Cooperative Societies Rules, 1965

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