Don’t purchase the flat as unauthorised construction has been carried out and it has not been regularised by the authorities
BRS status in pending for approval from HMDA
Hi all, I am planning to buy a resale flat in Hyderabad. It falls under Bachupally grampanchayat. Although the grampanchayat has approval of G+2 floors, the building was built G+3. The flat i am interested in is on the top floor. Since there is irregularities in approved floor plan by gampanchayt + unauthorized extra floor was constructed Building Regularisation scheme (BRS) form was submitted by the owner to hmda in 2015. The processing fee of Rs. 10k was submitted to hmda as per the requirement. This application is still not processed (Mar 2019) and it seems it will not be processed soon since there is a stay order from high court in this regard. Note that, major banks are not lending home loans in this situation while few NBS financial institues are ready to give home loan. Can you kindly opine, is it advisable to buy the aforementioned flat without final BRS approval?
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
Unless the floor gets regularised....you shall neither get any loans nor would you be able to live there as there would always be a threat of demolition in case the regularisation does not get approved.
Therefore wait for the outcome of the application for regularisation.
Regards
It is not appropriate to buy it in such conditions. But if you like the said property and you are ready to take calculative risk then go ahead with it
It would be best if you don't buy the property. However, it is not possible to give complete advice without looking at the property documents
No it is not advisable to purchase same see there are rare chances that demolition of flat shall be order but still it will effect the value of flat on resale alos in worst circumstances and it has also happened at some places a demolition may be order for irregular structures so that would be risk.
Dear Client,
Court are too reluctant to regularize illegal construction. You will be under constant threat of demolition and very possibility cannot be discarded.
Deal Not advisable.
Since the BRS approval is yet to be received and it is around four years that they have applied for the same, it would be better you wait for the issues to be cleared or skip the purchase for now.
You may take a legal opinion from a local lawyer and proceed
