• Chennai SubUrban - DTCP Approved plan Violation

DTCP Approved plan - Violation?!: Through a DTCP approved plan, our builder has planned to build 50+ apartments. We have booked an apartment of type 2BHK+1 Study room, based on their given floor plan. But while we verify the DTCP approval, we found that our booked apartment has been mentioned as 2BHK leaving the Study room as an extended living room. My builder is saying that they could facilitate the study room in place despite it is not in DTCP plan. 
(1) Is it not violation of DTCP approval? 
(2) Will it bring any legal problem in future (post purchase)?
(3) As per construction agreement (along UDS registration) which plan need to be highlighted to ensure the committed apartment delivery from the builder.
Please help me with your guidance
Asked 3 years ago in Property Law from Chennai, Tamil Nadu
builder has to carry out construction as per sanctioned plans . if builder has not done so muncipal corporation can demolish additional construction made. 
no occupation certificate will be issued if construction not carried out as per plan s
Ajay Sethi
Advocate, Mumbai
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1. Although without vetting the agreement it is not possible for us to say anything, nonetheless on first blush it seems to be a violation. The builder is legally bound to complete the construction in accordance with the sanctioned plan. Any additional construction, not expressly provided in the sanctioned plan, can be demolished by the corporation. 

2. The legal issues that may arise in future have to be determined with reference to the agreement.
Ashish Davessar
Advocate, Jaipur
19555 Answers
506 Consultations
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you have to highlight building plans sanctioned by corporation ie DTCP . if building not constructed as per these plans any unauthorised construction can be demolished
Ajay Sethi
Advocate, Mumbai
27137 Answers
1470 Consultations
5.0 on 5.0

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