• Deviation in the property

Hi, I am planning to buy a house in Chennai. The total sale area is 1058 sq ft as per the plan but the building plan has registered only 500 sq ft where the rest of the area has been shown as open terrace. There are also set back problems in the property. I am going for home loan and it is a huge investment for me. When inquired about this to the builders , they act as if nothing is so great about this deviation and it is not an issue at all. But I am now in a fix because 2 of the plan's bedrooms are not approved and the hall of the house is shown as multipurpose. Also , it is not an alteration that is done with the space , 300 to 400 sq ft out of 1058 sq ft has not come into the plan at all. And on top of everything , seller is reducing prices for me that again makes things fishy.

Please help!
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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16 Answers

dont purchase the house as 2 bedrooms are not approved 

 

2) further 400 square feet does not come within sanctioned plan 

 

3) never take risk with your hard earned money 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Buying a house has no complication, Deviation agasint building bye laws can be renovated/demolish can be reconstructed.

Map showing it is flat not a house, is it, if yes than without OC, CC, refuse the deal.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. the builder is trying to sell the place with a carpet area which includes the area covered by the open space

2. usually the open terrace is not counted in the carpet area calculation since it does not consume any FSI

3. however in some jurisdictions a certain % of such open areas is permitted to be included in carpet area and charged to the buyer

4. also the rate for sale of the open area is not equal to - as in always lesser than the per sq. ft rate for the premises for its carpet area without including the open area

5. you will have to approach a professional architect to ascertain whether the premises being sold to you is constructed as per approved plans and whether the deviations in the construction are not so grave as claimed by the builder

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Seems 500 sq.ft is the carpet area. 

I don't understand as to how only 2 bedrooms are unapproved. 

Regards 

G.Rajaganapathy

Lawyer 

High Court of Madras

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

The plan if not approved means that they have constructed something because tgey wanted it to be that way irrespective of the fact whether they had approval or not. A plan is needed to construct a house but they needed a plan so that they could construct a house in a way they wantwd it to be. You can have legal hassles in future. Therefore don't but it.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

An unapproved is not safe to buy because it doesn't have a Plan approved by the competent authority.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See if the plan is not approved then in that case it is illegal construction also it shall depend upon area that the plan shall be regularised or not. So making huge investment in non approved plan is something I will not advise. 

Further then also if you go for purchasing the property ask for a indemnity Bond from the seller so that in case due to unapproved plan if you suffer losses you can file suit agaisnt the seller.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

Deviation is deviation if it is 1% also, if some % of deviation is allowed we cannot use the term deviation, which is allowed is legal. so why cant the authorities approve the plan with some % of violation ?
they will not there in no term in bylaws to authenticate some % deviation, this is only builders and authorities made their own thumb rule to make money.
don't buy these kind of properties and be a part of corruption.
if every one refuses to buy a property which is deviated then there will be no place for these kind of builders.
and you said SBI has approved the project : this is again the manager may shook hand with the builder or the builder must got approval before it is constructed, later when technical inspection happens builder will pay ome money to the panel engineer and ask him to give proper report

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

you should never purchase any property wherein construction is not as per sanctioned plans 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

No the complete approval of the construction is required. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Internal position is less objectionable, external construction violation have more consequences.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear

You should not proceed with purchase of that property because there is huge deviation from approved plan and it can cause trouble in future. 

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It's an illegal attempt of builder. You may get a defective title it's better you don't invest in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This building or the structure has been constructed with more than 200% deviation from the approved plan hence it would be better that you keep away from this purchase especially when the local civic authorities inspect and order for demolition of the structure constructed illegally without approval.

You may obtain a legal opinion from a local lawyer pertaining to the deviation and then proceed if recommended. 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

The people around you may tell plenty of things which may make you feel that this is a genuine issue since this is going on everywhere and nobody bothers about it, but the fact is that if the competent authority is taking a whip in the hand then all such illegalities will dealt with an iron hand, i.e., they may demolish the structure itself at a later stage. therefore you may take a judicious decision now itself especially considering your huge investment.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

I don't think so. It can create problems for you on the future.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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