I have shortlisted one project which is at final stage of its construction. There is one secondary nala/rajakaluves passing through the property. Though the builder has maintained a distance of 25 meters from the nearest tower as per the prevailing rules of NGT in 2013, but now based on new NGT rules (in 2016) the building should maintain a distance of 35 meters from secondary nala. The projects has 4 towers out of which only one tower is falling in 35 meters range. The apartment which I am getting is in that same tower. It is a resale deal where the owner has not yet done the registration. The project was approved by all major banks. I have below queries: 1. Is it safe to buy such property? Will I get the OC for the tower which is constructed 25 meters from seconday Nala. 2. As this is a resale deal, can I get the loan from banks like SBI, HDFC? 2. Will I be able to sell the property in future if OC is not give?
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1. Since the construction was prior to changed rules and the project is approved the builder Sha get OC for the said tower.
2. You can approach banks if the project is allrovap you will most likely get the loan
3. If OC is not recieved then there shall be issue and it will effect the value of property.
Dear Client,
Purchase not advisable. Its an illegal construction and will always under demolition drive. NO OC.
Public banks may denied loan.
Resale will be tough and with low purchase price.
It is not safe to buy such s property
2) since it is constructed within 35 metres from secondary nala it may not get OC
3) if OC is not issued you may not find any buyers in resale
4) bank woukd not sanction any loan if no OC is issued
Dear sir, Thanks for the response. The project started in 2013 and that time as per the NGT guidelines, the minimum distance required was 25 meters. That's why the project was approved by BBMP and CC was also given. The apartment is ready now and few people have moved in, builder is completing the club house and amenities. Now after NGT has changed the minimum distance required from 25 mt to 35 mt, will it apply retrospectively on this project? By this means, hundred of projects will be declared illegal which have already secured OCs and all approvals. I am very much confused as whether the NGT rules are applicable retrospectively or prospectively. Should I go for complete legal verification?
1. you need to check the revised NGT circular whether it has a prospective or retrospective application
2. it may be that pursuant to the earlier circular, the local body may have sanctioned building plans complying with that circular and the builder must have commenced construction on basis of such sanction
3. so if the construction has already begun and subsequently a new circular imposing a higher limit for maintaining distance from a secondary nalla is issued, then such a circular, in my opinion, would be applicable on prospective basis. Meaning all applications for sanction of building plans received after the date of the revised circular would have to comply with that circular. This also means that all sanctions given prior to this revised circular would remain unaffected if construction has already commenced on site
4. so please check the wording of the revised circular to ascertain its applicability to the project in which you wish to purchase the flat
5. you can very well approach banks to finance the purchase of the flat you intend to buy
6.. if due to some reasons the local body does not issue OC for the building, then your possession will be stuck and you may find it difficult to sell this flat
The rule will not apply retrospeicely it is applicable only on the new construction after date of order.
You can engage an local advocate though the rules are applicable prospectively only.
Do not purchase flat till OC is issued
NGT order would apply to projects which have not been completed and no OC has been issued
ON this aspect, judgement is not clear but BBMP thinks its prospective.
"""The distances in respect of buffer zone specified in this judgment shall be made applicable to all projects, and the authorities concerned are directed to incorporate such conditions in the projects to whom Environmental Clearance and other permissions are now granted not only around Bellandur lake, rajakaluves, Agara lake, but also all other lakes/wetlands in Bengaluru ''''
Nomenclature - Environmental Clearance and other permissions are now granted is used.
OC pending so project under NGT order scanner.
Go for legal verification but possibility rare.
Get in touch with a local lawyer who may get the same verified and get a title report for you with regards to the said property. I would not advise you to purchase the said property
The change by the NGT will apply to all the property, also to those which were existing before
1. It may not be safe purchase, it is advisable to keep off from this venture.
Firstly the registration itself cannot be done owing to the said reasons and NGT restrictions.
Secondly you may not get OC also from the competent authorities.
2. In fact in a strict sense it is not resale, it is first purchase since the sale deed has not been registered on the name of the seller.
The question of grant of loan has nothing to with the further formalities namely registration, OC etc.
The private banks will offer loan on any conditions because they know how to recover their amount with interest even if the projects are rejected by government rules at a later stage.
3.You should not buy the property if OC is not given, then you can expect the same thing from the subsequent buyer too,.
The flats which have not been granted OC will be affected.
In fact your flat has not been registered in favor of the seller, hence there is no question of rretrospective effect of the new order of the NGT. It will very well apply to your flat.
Those flats which have been granted OC before the latest ruling was effected shall remain unaffected.
you may obtain a proper legal opinion from an experienced lawyer before committing to the purchase
Dear Sir
If you wish to live in peace then purchase another flat otherwise you have the mental torture all the days though nothi g will happen
Thanks everyone for your valuable advice. I have one last question. I am getting another option in other tower in same project which is quite away(50+ meters) from the SWD. Can I go with that or should I completely avoid this project?
You can go with the said tower freely, just get the title search and see necessary plan approvals and the commencement certificate.
You can buy flat in another tower which is 50 m away from SWD
Make sure that dose not come under 75-metre periphery of lakes.
it is applicable Buffer Zone 30 mtrs from the edge of the lake or nala. Kindly take legal advice with local lawyer.
Dear Sir
It is better to avoid the project completely because if some portions are demolished then your flat looks ugly. If you are given concession then you may go for the above proposal otherwise better to avoid.
The latest on this is 75 mtrs, hence if there is a legal hassle on that also then you will be in a fix, hence it would be better that you avoid this project and choose a flat which would be free from all such legal issues.
Choice is yours.