After the Supreme Court’s judgment on 27 February 2013, the illegal flats in the Campa Cola Compound in Worli, Mumbai, are scheduled to be demolished beginning 20 June.Though the builders had permission to build only five floors, some of the buildings have 17 and 20 floors.All floors above the fifth have been declared illegal. Resident said his parents were not aware of the irregularities when they bought the house in 1991. With illegal constructions mushrooming in all cities, how will you find out whether the property you are buying is legal? There are some checks you should run, with the help of experts if required, to ensure you are getting a fair deal.
when you buy a property, the proof that it is legal can be seen in the agreement papers. Documentation is the first check point.“Vigilance is the key. If relevant documents are not available with the seller, registered documents relating to the same construction are available at the relevant sub-registrar’s office.
It is also important to ensure that the house you are buying is exactly as per the approved layout; even small changes are not acceptable—you can be hauled up for changes like adding a roof to your garden space. All residential projects needs approval for every sq. ft that is used for occupancy. Floor area ratio (FAR) or floor space index (according to the development plans and zoning laws of individual states) denotes how much area you are allowed to construct on a given plot size
for buying floor check whether OC is issued by Municipal corporation
If you are getting a project below the market value, it’s a definite red flag. “You should ask questions such as why is a builder being so kind to you? Why is the quoted price below the market price?
If a financial institution refuses you a loan, this, too, is a red flag indicating that the house you are planning to buy is illegal. “Banks or housing finance companies are very cautious in giving home loans and hence, do a certain amount of due diligence. They generally verify the title search documents and the approval papers to ensure that the project is legal.
Apart from the threat of a legal battle, you also compromise on safety. “Illegal construction continues to mushroom in unplanned areas of our cities to accommodate the growing population. There is no homogeneity in terms of plot sizes, street widths, height, and gross built area in these locations. Old buildings that collapse are ones that have been built without proper permits and lack structural safety standards,”
You must remember that if the government decides to evict you from your house, which is proven to be illegal, you have no choice but to vacate.