• Buying a flat in the deviated portion of the apartment with OC

Dear Sir,

I am looking forward to buy a 2BHK flat in Bangalore. I have chosen a flat in the 8th floor (Top Floor) of an apartment. The builder has permission only for G+7 as per sanctioned/actual plan. But still they went ahead and finally built one extra floor (8th Floor) with a few 2 & 3 BHKs, leaving part of the terrace uncovered. 

What builder told a month ago: “After obtaining Commencement Certificate, they approached BBMP again to approve another updated plan of one extra floor (8th floor) with few 1BHKs. In the later stage they turned all the 1BHKs to 2 & 3 BHKs with further deviation of 300 to 400 sq. ft.per flat at an average. Now they are in the process of getting the updated plan legalized”.

According to the builder, it was all calculated risk so that the final deviation would be less than 5% with respect to the updated plan. Eventually it looks like the builder is all set to get the OC and the final verification from BBMP is also over recently (as per the information from a trusted source).

In this context I have few concerns as below
1.Is this a problem to have a flat (2 BHK in 8th floor) in the deviated part of the building even after the building obtains OC?
2. Will this extra one floor be always illegal even after the building obtains OC?
3. Do you foresee any issue in the future which I might have overlooked around the same?
4. Can the BBMP deny the OC even after the final verification?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. To buy a Flat in the floor which is in a deviated part of the building even after the building gets OC is not legal.

2. This extra one floor be always illegal even after the building gets OC, if the builder does not obtain revised sanctioned plan for the 8th floor.

3. Akrama-Sakrama scheme which is in the offing may regularise the deviation which you are quoting.

4. If there is more deviation than it is permitted, the BBMP may deny OC.

5. The above answers are given based on your narration of the question. However it is better to get the documents scrutinized by a Lawyer and obtain his opinion and then decide taking further steps.

Shashidhar S. Sastry
Advocate, Bangalore
5183 Answers
317 Consultations

5.0 on 5.0

If OC is obtained no harm in purchase of flat as deviation has been regularised

2) if OC given for entire building then 8 th floor would not be illegal

3) don't purchase flat until issue of OC

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

You intend to buy the flat in the 8th floor which floor has not been duly sanctioned by BBMP. In this scenario after inspection of the building if the BBMP does provide the OC with a penalty, and if the same is paid by the builder at that time, then it is very safe to move ahead and purchase the flat. Otherwise, no nationalized bank will come forward to finance the purchase (that is if you intend to avail a home loan).

In the scenario where the modified plan submitted by the builder get approved or sanctioned by BBMP, then there is no difficulty to purchase the flat and after submitting the modified plan to the bank you can get loan to make the purchase.

In any event if the modified plan gets approved or the builder pays the penalty and obtains the OC for the project, your building will get A Katha. Otherwise if both fail, the BBMP will only issue a B Katha.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

5.0 on 5.0

1.Is this a problem to have a flat (2 BHK in 8th floor) in the deviated part of the building even after the building obtains OC?

The approval now being procured would not be in a legal manner. If a honest officer comes to this post at a later date, then this will be reopened and the illegal approval may come to light and may be brought under demolition.

If you are ready to undertake risk and would stake your investment then you may proceed.

2. Will this extra one floor be always illegal even after the building obtains OC?

Yes, it would remain illegally constructed structure and the sword will remain hung on the head always.

3. Do you foresee any issue in the future which I might have overlooked around the same?

You may seek a lawyer's opinion by producing the property document s before him and then decide, nothing can be conted without seeing the relevant papers.

4. Can the BBMP deny the OC even after the final verification?

It depends. the authorities may turn a blind eye but it is not necessary that can overlook the irregularity.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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