I have bought a plot in a BIAAPA approved plotted development near Devanahalli. The property is RERA Registered. I have paid 30% and done the sale agreement. The rest 70% shall be funded by a bank loan. The builder has asked me proceed for registration. At the layout, 80- 90% of the development work is complete. BIAAPA has not issued a completion certificate or released the sites. Q1) Can the Builder insist on Registration without Completion Certificate from BIAPPA ? Q2)As per RERA/local laws can we Register without Release Order from BIAPPA. If yes, will E Khata be issued ? Q3) Can I insist on delaying registration till both are recieved ? Q4) If builder still persists, Where do I seek legal recourse/remedy ? Rera ? Consumer Court ? I'm concerned as Devanahalli has many incomplete layouts where buyers are left holding a site without proper documents & khata. Woud really appreciate your valuable answers/feedback. Thank you all.
1. It would be better if you proceed with registration once the OC of the flat is received if builder ask for registration ask him for an OC then go for registration.
2. See registration can be done then for E-khata you can apply but it is better once the completion certificate or the OC is there and then you go for registration.
3. Yes.
4. You can Seek remedy under the RERA act.
hello
registration should only be done after the completion.yes you can insist on completion certificate. if he is not willing to give you the registration and completion certificate. the builders generally start work on a site and then proceed to another site once the previous site is fully booked. they invest the money from the previous site to the next one.
you can approach the state consumer forum or the RERA tribunal.
regards
1- you can ask this through RTI from the Concerned Authority that has builder obtained Completion Certificate.
Else, he cannot if he does so you can file a complaint under RERA.
2- no one cannot register, without permission.
3. - Yes you can approach RERA (through the online complaint) or you can delay and force them to give you completion certificate then Possession and then Registration )
4- RERA takes less than 6 months if the builder is at fault directly, else consumer forum for the deficient services but here it takes more than 2 years and you need to invest on a good Advocate (as the builder has a panel of Advocates) and sometimes tend to delay the proceedings.
1) registration can be done of sale deed without completion certificate
2) it is in your interest to register sale deed at earliest
3) registration of sale deed confers title to property
4) if builder fails to obtain occcupation certificate within stipulated period complain to RERA against builder
No.
Sale deed can be execute after completion of project , release order not compulsory but risky for buyer.
Yes
Complain to RERA,
Once sale deed execute and full consideration paid, builder dont show interest in completion and get clearance from authority.
1. to 3. The builder can not insist for Registration of the plot without being legally authorised to sell the said plot for which release letter/permission shall have to be obtained from the appropriate authority. You can demand presentation of the said release /authorisation letter/certificate before registering the said plot.
4. If the project is RERA compliant, then file it before thye RERA Tribunal otherwise file it before the Consumer Forum.
1. The builder in order to clear his liability, may urge or put pressure to get the property registered to your name without CC or OC from competent authorities. You can insist on CC before registration m
2. E khatha also wont be issued, you can be contended only with the registered deed, for all other issues you may have to depend on the builder to procure CC etc.
3. You can
4. You first exhaust the remedies with RERA and then you can approach consumer forum.
Dear Sir
You can approach RERA and it will resolve your issue. visit its site and peruse its judgments
Update :- On asking the builder about remaining 15 % Development Work and Completion Certificate , the answer given is that BIAAPA has given release order and to proceed for registration next week. Also, builder has now come up with a plan of a clubhouse for which they are asking for 100 Rs per square foot. Clubhouse was not mentioned in marketing brochure, layout plan and also not in sale agreement and cost sheet. Q) Can the builder insist of revising the cost sheet which was signed in sale agreement. Q) Can i insist on not subscribing to the clubhouse which is a future plan of a future phase for which there is no approval yet. Q) Isnt all this this a blatant violation of RERA Norms ? Builder is just about able to complete basic development work. No promised gardens or landscaping. And now there is talk of Clubhouse, theme etc
See builder cannot add extra cost of club house after the agreed amount. Further if builder is proceeding with registration once he get the registration done and gets the certificate.
Further for dealy give legal notice to builder and ask compensation.
No other condition other than sale agreement binding . You can deny for club house. Can complain to RERA.
He cannot adk for revised cost for any reason other than the one mentioned in the agreement of sale.
You can refuse to subscribe for club house facility if that is an additional burden being included now without taking consent of the buyer.
You may have to check it up with the RERA about it.
1) buikd r cannot insist on revising cost sheet
2) you can refuse to subscribe to club house
3) builder cannot arbitrarily change layout plans
1. Payment for the club house should be optional only and it is not part of any cost hike.
2. You can certainly refuse to pay for the club house he is planning to construct now.
3. It is the violation of all the norms since the payment a construction which was never planned before can not be insisted upon now.