I am planning to buy a flat in Chembur. The owner of the property has not registered the flat as well as the building doesn't have OC. The reason given to me was the original building was built in the 90's and in the year 2000 all the society members purchased FSI and TDR and extended the building to 6 floors by creating new pillars from the side. Whether it is legal to not register the flat as well as not obtain OC because it was built by society members for personal use?
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1. there seems to be lack proper sanction towards additional floors.
if that is so then it is absolutely unsafe to buy properties which is on those additional floors.
Even if it is not then also it is not safe as the local authority later on may declare the proeprty unsafe and announce its demolition.
Since you are investing money do so in a clear proeprty.
1)additional construction has been carried out by society by constructing 6 additional floors
2)OC from BMC was required
3)don't purchase flat as no OC has been obtained for additional construction
I have read it on the internet that independent house owners e.g. bungalow/row house owners needn't apply for OC. Does society together constructing the building comes under the preview of that definition. Definition copied from internet. "Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory."
1)in your case original building was built in the 90 es
2) 6 additional floors have been constructed
3) for construction of additional floors BMC approval is must
4) construction has to be as per sanctioned plans
5) OC would be required in your case
7) society together constructing building need OC
1.The additional floors could not have been constructed without the NOC from BMC.
2. Building can be demolished at anytime to the extent of the deviation, dont purchase it.
Whether the building was raised to multiple floors by the society members by their own or through a builder, any structure raised without plan approval and permission from civic and competent authorities can be considered illegal.
The illegal structures can be demolished by the authorities anytime even after twenty years.
Moreover there is no OC granted by the authorities hence the construction is not approved by the civic authorities.
You may consult a local lawyer, take a proper legal opinion based on the documents and the prevailing circumstances and then proceed if it is found genuine and legally proper.
I have read it on the internet that independent house owners e.g. bungalow/row house owners needn't apply for OC. Does society together constructing the building comes under the preview of that definition.
Definition copied from internet.
"Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory."
OC is not obtained for individual houses and for construction of G + three, whereas your building is of six floors hence you may consult a local advocate who will rightly opine based on the local laws about further process in this regard.