• Builder's floor

My query is in relation to the independent builders floor constructions in Delhi.
In Delhi, is it allowed to have two flats constructed on one floor by independent builders. and accordingly contructing six flats on three floors. Further, need to know:
1. What are the rules and regulations of construction of independent flat by builder.
2. If it is not allowed to have 2 flats on one floor, what are the consequences of building two flats on one floor.
3 If builder have taken the permission to build one flat on a floor, but have built 2 flats on a single floor,then is there any remedy available to genuine buyer to rectify the situation and save his home that would have been purchased him from hard earned money.

Please share detailed reply for above mentioned query.
Asked 4 years ago in Property Law
Religion: Hindu

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6 Answers

Since builder has been granted permission for construction of one flat per floor second flat is unauthorised

2) builder should apply for regularisation of unauthorised construction

3) if it not regularised seek refund of money paid by you with interest

4) also seek compensation for mental torture undergone by you

5) please note that builder has to obtain sanction of building plans carry out construction as per plans and on completion obtain occupation certificate

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Firslty, as per the information mentioned in the present query, makes it clear that you have must be subject to some hardship by this unlawful act, and that may be the reason of your present query.

Secondly, let me tell you that making two flats over one flirt is subject you eh agreement between the builder and the owner.

Thirdly, but yes, if he has not sanctioned building plan for same and just has put in the agreement then it would be illegal.

Fourthly, for that I may advice you to make a representation tot he concerned department.

Fifthly, then wait for some time, and if they don’t take any action then please file a Writ of Mandamus as per article 226 of our Constitution of India before the High Court of Delhi for getting the same demolished.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

It depends on the sanctioned plan of your construction. If the sanction plan doesn't permit the same it is illegal.you can complaint to the municipal corporation for the same. Also you can approach to competition commission of India, RERA as well a consumer court for the same.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

1. Zonal clearance and building approval is required to be taken from the municipality and other local authority.

2. If the map is approved then there are no consequences

3. Buyer can not rectify that condition, this can only be rectified by builder by paying some compounding fee (if that option is available).

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Construction of flats regulates acc. to size of plot. Same by laws will follow whether constructed by builder or by an individual.

3 - In this regard Delhi is going through tough face, illegal construction without valid sanction shall be demolish/seize. Gone are days to get illegal construction regularized by paying penalty.

Buyer beware - search before purchase. thats what court says.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

A builder floor apartment is a residential unit in a low-rise independent building that has a few other flats. The number of floors is generally two-four. Such a floor can be developed by the builder on its own or in collaboration with the land owner. It is a section of a villa.

A builder floor apartment is a building wherein the builder buys a piece of land and constructs flats in the form of a building and sells them to home buyers. Basically, there is no difference between a builder floor apartment and residential apartment

If the builder is deviating or violating the conditions of approval of construction then the competent authority may issue notice or put a seal to the construction of building or even may take steps to demolish the illegal structures in the name of flats.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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