Illegal Construction in the Duct adjoining Balconies in Housing Societies Is Becoming a Serious Concern

In recent years, it has been observed a growing trend across several housing societies in Pune, especially in areas such as Baner, Sus, and Pashan, where flat owners are carrying out unauthorized construction in the open duct spaces adjoining balconies. In many cases, slabs are being cast in these areas to extend the usable portion of the flat without obtaining proper approvals from the society committee or consulting structural experts.

Many flat owners assume that such alterations are minor internal modifications. However, these constructions can directly affect the structural balance of the building. Duct areas and open spaces adjacent to balconies are originally planned as part of the approved architectural and structural design. Unauthorized extension in these portions may increase load on specific sections of the structure, create stress points, and eventually lead to cracks or long term structural risks for the building.

Under cooperative housing society regulations, members cannot undertake structural changes without following society procedures. Even temporary balcony related alterations generally require prior permission from the managing committee. Despite this, many such constructions are being carried out without informing the society or obtaining consent from the committee members.

Another major concern is that these alterations usually begin after the builder has already obtained the Occupancy Certificate and handed over possession to residents. At that stage, responsibility for internal regulation and monitoring largely shifts to the housing society. Since these activities happen within society premises, municipal authorities often face practical limitations in taking immediate action unless a formal complaint is filed.

As a leading Co-Operative Housing Society Lawyer in Pune, I advise societies to address such matters at an early stage instead of ignoring them until serious disputes arise. The managing committee has authority under the Maharashtra Co-Operative Societies Act and relevant society bye laws to take action against unauthorized structural modifications. A resolution can also be passed in the general body meeting to initiate action against members carrying out illegal encroachments or structural alterations.

In many societies, residents hesitate to raise objections due to internal relationships or fear of conflict with neighbours. However, overlooking unauthorized construction can eventually affect the safety, legality, and future redevelopment prospects of the entire building. Proper legal guidance, timely notices, structural assessment, and committee action are important to prevent long term complications for the society and its members.