Dear all, I am staying in a 2 bhk flat on the 2nd floor(totally 3 floors) of my building.Now when I am trying to sell my flat, it has come to my notice that the kitchen part of my flat has been marked as terrace area in the original building plan from BMC. So the third floor was anyways built illegal and the OC of the building covers 2nd floor but only PT(Part), which I would presume the kitchen part of my flat(earlier marked as the terrace) would not be covered. Now the buyer that i want to sell to won't be able to avail of a bank loan as the OC and building plan covers only part of my flat. Could you suggest any way forward??
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Lawyers are available now to answer your questions.
1) if construction has been carried on by the builder contrary to sanctioned plans the illegal construction can be demolished by BMC
2) complain against builder before consumer forum and seek orders to direct builder to obtain OC from BMC
3) it is builder responsibility to obtain OC
4) also seek litigation costs and compensation from builder
You should have been careful while buying the flat. Since there is deviation from the approved plan the OC will not be issued now but you should inquire from the competent authority if regularization is possible on payment of penalty. If regularization is not made you will either not get a buyer or you will have to settle for a lesser amount. Contact a local lawyer with the complete set of documents.
This is a deviation and this deviation has been cleverly covered by the builder by hiding it from the authorities and got OC without mentioning it.
Therefore this OC was obtained fraudulently and now the builder is away whereas you are caught or trapped. You should have objected to the OC at that time itself, or you should have verified the approved plan and objected to the deviation at that time or should have cancelled the booking.
You kept quite all the time just because you wanted the flat somehow, it means you are aware of the said illegality.
If your buyer has any problem due to this, you may have to rectify or look for some other buyer who may not avail bank loan for buying this property.
You can apply for regularisation of the deviation to the authorities with the help of builder and procure fresh OC if possible.
