• No OC due to 3 extra floor being built by builder

Local authorities initially approved the construction plan up to 14th floor; however builder constructed 3 extra floors (i.e. up to 17 floors). I am interested in buying apartment on 12th floor. Is it safe to purchase an apartment that was initially in to approved limit (i.e. =< 14 floor)? I am told builder haven't received OC due to 3 extra floor being built. The construction is completed and people are staying since last couple of years.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) dont purchase flat as builder has not received OC from NMC

2)top 3 floors can be demolished as they are unauthorised

3) there are no shortage of flats . it is buyers market

4) purchase flat in building which has OC

5) never take any risk wherein your hard earned money is concerned

Ajay Sethi
Advocate, Mumbai
99826 Answers
8148 Consultations

1.Sincethe building is approved till13th floor there is not mych danger invlived buying the flatat 12th floor.

2.In msot casesadditionalconstrcutions beyond sanctioned plan is apporved on payment of penalty.

3.only in that cases where where the additional work is of substantive nature putting the whole constrcutions under danger then it is not safe to buy.

4.in this case I do not find such possibility.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

As long as the flat you're going to purchase is within the approved 14 floors, there is not problem for you. One shouldn't buy a flat on the 15, 16 or the 17th floor which are per se illegal.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

you may purchase but you have to know that illegal floors may be demolished by the concerned authority and if authority does so then you have to face some complications. approved floors are legal and you can purchase it but in future you may face some complications.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

In my advise never purchase a property where the builder does not have a OC, the unauthorized construction can be demolished anytime be the order of the court or by the order of an appropriate authority.

Purchasing a property here will be nothing but risking your hard earned money.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

The floor which you are intending to buy has been approved in the construction plan, by the authorities concerned.

If that is the case, you may proceed with the purchase by confirming other things are clear and there is no encumbrance in this regard.

It is always better that you take a proper legal opinion from an advocate in the local before proceeding to purchase the property.

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

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