dont purchase the flat
2) it does appear that 5th floor is unauthorised
3) you would not get UDS for unauthorised construction
Is the fifth floor unauthorised if permitted by Bangalore panchayat
I am considering buying a flat on 5th floor in a panchayat approved apartment in Bangalore. I heard from someone that panchayat cannot give permission beyond 4 floors. Does it mean that the 5th floor is unauthorised construction? As per the approved plan, the approval is given for basement + stilt + ground + four floors. However, if we see the actual building, fifth floor (actual) is named as fourth floor (as per plan) i.e. first floor is named as ground floor, second floor is named as first floor and so on. Does this arrangement make fifth floor an unauthorised construction? Will this arrangement be an issue if the apartment is converted to BDA approved in future? In case the fifth floor is unauthorised, does that mean I would not get UDS also if something goes wrong? Please advice
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
It doesn't matter what floor he has named it. The nomenclature adopted by the panchayat is relevant here. See the panchayat rules to get clarity.
Regards
Yes if the same is not part of approved plan it is illegal. The same will cause problems to you in future
This is an unauthorised construction and I would not advise you to purchase the same.
this will definitely cause problem in future.
since the same has been made against the approved plan.
regards
The project is illegal if it does not have approval and OC. Government can raze the building any time if they wish.
Fifth floor is illegal, purchase not advisable.
1. I think it's a penthouse and the offer is irresistible, reason being it will come outside the purview of sanctioned plan.
2. Normally sanction will be given for ground + 4 floors only, but still the builders build extra floor and penthouse in it.
3. If Akrama-Sakrama is implemented by the State Government, then the property in question may also be regularised as Sakrama property.
4. If it's declared as Akrama (illegal), undivided share in the land will be lost.
5. Regularisation of Akrama -Sakrama is in the Hon'ble Supreme Court.
6. Better to get the property papers verified by a Lawyer, before going ahead.
I am sorry gentlemen, maybe I had not made myself very clear. The flat under question is existing in the plan approved by Panchayat. Panchayat has approved the apartment plan for Basement + Stilt + Ground + Four floors. The flat under question is in fourth floor as per the approved plan. Please note that fourth floor is existing as per plan and it is not the pent house. My question is that - If we actually see the building, fourth floor (as per plan) is nothing but fifth floor as per laymen understanding. If you see the building, you would call it as fifth floor, but as per plan it's nomenclature is "fourth floor". I want to understand whether it would qualify as unauthorised construction.
Asked 5 years ago
if as per plan it is fourth floor then it is not unauthorised construction
construction has been done as per sanctioned plans
Yes if the said floor is not in approved plan than it is unauthorized construction. The same will be regularised if govt comes with regularistion amnesty.
Floors are sanctioned acc. to area of of land. If area is up to 225 sq mtr than 5 Floors not permitted. even on 300 sq mtr,
Later area will comes under municipality and A khata will refuse.
The ground floor is the ground floor. After that 1234. Your flat is on the fourth floor. There is no confusion.
In such cases you should always refer the matter before a local advocate by producing all the relevant papers related to this property proposed to buy.
Though the gram panchayats are permitted to approve the building construction plans, the additional floor constructed is certainly a deviation of the approved plan hence it may not be recognised for any purpose and in case of any order to demolish the same in future then you may not have any excuse to stay or stop the demolition orders passed by government.
If you find that this is worth taking a risk on all the aspects you have raised the query then you can proceed.
Why do you have such doubts, not only you are confusing but you are confusing others also by raising such questions.
Well, if there is an approval granted for all the floors by the authorities concerned then there should not be any problem in proceeding provide you have obtained a proper legal opinion about the property from a local advocate.
Dear
You should not go ahead with purchase of that flat as per it clearly appears that it is made without approval from the authorities.
And it doesn't matter what the builder or owner calls it fourth or third floor because fifth floor will remain fifth floor. For example If we call some building as a hut then it will not become hut it will remain a building.
