The Mumbai Civic Body, also known as the Brihanmumbai Municipal Corporation (BMC), last week said it had issued notices to 65 flats for allegedly merging two flats illegally in the Malad area of Mumbai.

In this backdrop, Moneycontrol spoke to experts and the Authority to understand whether homebuyers can legally merge two flats into one entity, giving rise to Jodi flats. Experts and real estate developers say such a merger is legally possible, provided permission is sought from the BMC by submitting revised plans during construction.

According to BMC officials, around 65 flats in Malad had illegally broken internal walls and converted two separate flats into Jodi apartments, and in many cases, the ceiling of the flat was broken and two flats were converted into duplex apartments. This, the BMC said, was done without the permission of the civic body. In the recent past, the Mumbai real estate market has seen a plethora of advertisements for Jodi and duplex apartments.

ISSUES POINTED OUT BY BMC

In a notice issued to one of the flat owners who had undertaken an alleged illegal merger, the BMC said, "There are unauthorized alterations/internal changes work-in-progress in your flat which is in contravention to the approved plan without obtaining any permission from the competent authority."

The notice added, "Therefore, I, in the exercise of powers and functions conferred upon me under Section 354A of the said Act, hereby direct you to stop the erection of the said building/execution of the said work forthwith and submit permission approved by the competent authority in favour of the erection of the said building or execution of the said work within 24 hours in my office."

CAN HOMEBUYERS MERGE FLATS?

According to experts, homebuyers can legally turn two flats into one big apartment or convert two apartments into a duplex, but it requires proper permission from the BMC.

"In simple words, merging of two flats is possible, and it would be legally permissible if due permission is obtained from the Authority. This has to be done on the project to project basis ― that is, whether the merger is to be done horizontally or vertically to convert two apartments into a duplex, triplex or so on " said Vilas Nagalkar, an architect based in Mumbai.

He added, "In case, it is a new project and the homebuyer is going to move into a Jodi apartment or wants to convert two apartments into a duplex, the homebuyer should ask the developer to take all the permissions before (seeking the) occupancy certificate (OC). Else, he would have to seek these on his own after the OC is received. However, if it is an old society, the homeowner will require a no objection certificate (NOC) from the housing society. If the society is not formed, a NOC will be required from the developer. Additionally, a certificate will be needed from the licensed structural engineer stating that the merging of two or more flats will not affect the structural stability of the building."

Kiran Dighavkar, Assistant Municipal Commissioner of the BMC whose office issued the notices, said, "Our intention for issuing the notices to these flat owners was to ensure that they take permission for the same. I would like to make it clear that making Jodi flats, duplex flats is possible, but only if proper permission is taken."

He added, "Also, taking permission and officially documenting the amalgamation will help the homebuyers in the long run, for instance, in the event of a mishap, fire, or natural calamity. It is advisable for homebuyers to undertake due diligence and take proper permission for the merger of flats or apartments."

WHAT ARE DEVELOPERS DOING TO MAKE THE PROCESS EASY?

Moneycontrol reported in October 2022, on how the purchase of Jodi apartments has increased in Mumbai. One of the developers had told Moneycontrol of the concept of a 'soft wall' for the merging of two flats. According to this soft wall concept, the developer decides the configuration of the material to be used for the wall by keeping in mind the possibility of merging the two flats.

"We are constructing two towers in the Mazgaon area of Mumbai, where we have an inventory of 387 flats, by redeveloping the land belonging to Prince Aly Khan Hospital. We are in the pre-launch stage, where we already have around 70 bookings. There are a lot of inquiries for Jodi apartments, where we are offering two apartments of 2 BHK. Bigger families or people looking for upgrades are the ones who buy Jodi apartments," Vipin Mittal, Chief Executive Officer (CEO) - Projects, Aga Khan Agency for Habitat India, part of the Aga Khan Foundation, told Moneycontrol in October 2022.

He added, "For this to happen, the common wall between the two apartments should be masonry (a soft wall) instead of RCC. Such a wall can be easily broken to merge the two flats. While combining the two apartments one must ensure that there is no damage or alteration to the structural elements. Also, the location of the wet areas (kitchen and toilets) should be retained. If a buyer approaches the developer during the construction stage, the developer can get it regularised from the BMC. If the buyer does it at a later stage, he can get it regularised on his own."