Hello, I am planning to buy a flat in a property which claimed to provide CC & OC. They got the plan approval from BBMP in the month of January 2016. Tertiary Rajakaluve is passing adjacent to that property. In the approved plan, 15 meter buffer zone is kept from the central line of Rajakaluve. Builder got Commencement Certificate in January 2017 and more than 90% construction is completed except outside amenities and families start living there of late. As per new NGT regulations, it is required to keep 25 meter buffer zone from the edge of Rajakaluve. Builder is yet to apply for OC. Will new NGT regulations will impact issuance of OC? It there any risk involved. Please help me with your feedback. Thanks Nagaraju Bangalore
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builder would not get OC as 25 meter buffer zone has not been kept from edge of Rajakaluve.
2) no doubt as per sanctioned plans 15 meter buffer zone is kept from the central line of Rajakaluve.
3) however order of NGT would even affect on going projects and builder has to spend more funds to redesign existing projects confirm to new rules
If not yet received OC and CC definitely New NGT Rules will apply. All the best.
No the new NGT regulation won’t effect your project as the commencement certificate was obtained prior to amendment of the said act.
Dear Client,
NGT order declared buffer zones for drains: 50 metres from the primary rajakaluve, 35 metres from the secondary rajakaluve and 25 metres from the tertiary rajakaluve.
In No case OC will be grant, as distance left is violation of NGT order, until not reduced by Supreme court. Appeal Pending.
This is my response to you:
1. Yes the OC can be rejected for that reason;
2. If there is no room to keep 25 meter buffer zone then these regulations will not be relaxed;
3. Therefore do not run the risk of purchasing the flat;
4. The builder may make promises but if he can't deliver then your investment goes down the drain.
The new NGT regulations would definitely apply and the occupational certificate would not be granted and the builder would have to necessary amendments, as per new NGT regulations which
clearly state that a 25 meter buffer zone has to be kept from the tertiary Rajakaluve.
See the project is of before the Order of NGT was passed, Commencement certificate was given so in case order wont effect the OC as builder has taken necessary approvals before project and invested a lot of money. So the project shall get an OC
NGT regulations are traveling over the regulations of Nagar Nigam at Development Authority of the area in case NGT goes legal against the Builder then the Builder has to demolish the constructed area to create 25m line buffer zone even in case he has occupation certificate and construction certificate
I am afraid that the authorities will grant OC since this is well within the buffer zone as restricted by the NGT.
Without NGT clearance the competent authority may not grant OC to the flat.
If some people have occupied then they are doing at their own risk.
If there is an order of demolition, then they may face problem.
1. NGT regulations CANNOT be circumvented under any circumstances, UNLESS NGT approval for the 15 meter issue is available.
2. Builder will not be able to get OC, due to the new NGT regulations. Hence it is best to avoid acquiring such properties.
Keep Smiling .... Hemant Agarwal
