• How to verify the additional approval from G+11 to G+15 under BBMP approved project

A BBMP project initially had approval to construct till 11th floor. Now they have started construction till 15th floor. When they are asked to show the approval, they shared an LP number for that approval. They are telling they have the approval but they are yet to get the certificate . There are several questions in mind
1) Is it in first place allowed?
2) How to verify the LP number they shared
3) What consequence it would be on the people on registration and getting OC from the builder in case it is found un-ethical
4) How to confirm on this, whom to check with, how to get the concrete trust

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

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

19 Answers

They can carry on additional construction after obtaining sanction from BBMP 

 

2) file RTI application to find out whether construction of additional floor has been sanctioned 

 

3) if construction is unauthorised additional floors can be demolished 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You have to file RTI with building proposal department of BBMP as to whether building plans have been sanctioned for 15th floor of your building 

 

2) you can also check RERA website as to whether building plans have been sanctioned for 15 thfloor 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

If the building is built according to the Municipal
Corporation/ Committee by-laws and the plan has
been passed and there is no ongoing dispute on the
landed property or the building built there upon then
it is not illegal.
Since, permissions have been taken for all the 11
floors, the lower 11 floors are not illegal, it is
completely in accordence to the law.(assuming no
other problem)
But as said the 15 floor is built without taking
permissions fro the concerned authority or passing
of the plan, the very floor is illegal. Not the whole
building and additional floors can be demolished. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Go to the RTI Online website.

For submitting RTI click on Submit Request, and you will be see the Guidelines for use of RTI online portal. Read the instructions. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. See there shall be order of approval from authority you need to check same along the certificate.

2. You can verify same with the municipal authority.

You can obtain same by filing RTI application.

3. See if the plans are not approved the construction shall be illegal no loan and can be demolished.

4. Ask for indemnity bond and order of approval from builder.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can file an RTI in from prescribed with the PIO of concerned office and fee of rs. 10 for same can be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to inquire the same through rti. They will give you appropriate information in the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. Previous Sanctioned Plans can be duly amended by the registered Architect-on-Record of the Builder. This usual and not against the law.

2. You can go personally to the "Building Proposal" dept., and give them the File No., (check IOD or LP numbers) and ask for certified copies of the all the earlier and amended plans.  This can be done thru your private agent /architect.

3. RTI Application can be filed on a 10/- court fee stamp application and ask for certified copies of the all the earlier and amended plans, of the project.

4. You can also anonymous lodge complaint to the Municipal Commissioner or Town Planning Dept., IF you suspect some illegal activities. No harm will come to you.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Illegal construction. In no case , builder will apply for lesser floors, so already maximum floor sanctioned, above 11 are illegal and will stay in continuous threat of demolition. No OC CC will issue.

Do not verify anything, just ask them to provide sanctioned order and cross check from department.

Third party information will not provide under RTI.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. They cannot construct extra floors without approvals. 

2. You should make application under RTI act to get details of approvals related to your building. 

3. Authorities may levy fines upon builder and give approvals or order demolision of extra floors and will not issue completion certificate to building incase of diversion from approved plan.

4. Application under RTI will help you to confirm about approvals 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

You may get all the details from BBMP by filing application under RTI otherwise you may approach some staff members or brokers otherwise it is very difficult to get such details.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

No it will not effect registration of approved flats.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Flats till 11th floor would be legal and not demolished 

 

partial OC can be issued by municipal corporation till 11th floor 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Only illegal construction will demolish or seize. But due to illegal floor, OC will decline to whole project.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. The illegal floors will not impact the legally constructed floors and neither will it attract any penalty for registration purposes. However to the exception of the legal floors, the OC will not be granted to the illegal floors which will keep attracting higher Property Taxes and other statutory levies, as per calculations of the local Municipal Corp.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. As per Supreme court , extra floors not allowed , and needs proper approval before starting construction of the building.

2.  LP Number is the final approval number given by the authority after inspecting all technical aspects and is safe for real estate development.  You can verify the LP number from BBMP office or website.

- You can also know it after filing RTI application as well.

3.  If the extra floors are not approved from the Authorities , then there is maximum possibility to demolish the same, or may imposed fines as well upon builder.

4. If the extra floors are illegal , then it will not impact others approved floors legally , and have right to get all the necessary documents for registration 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

In BBMP website

 http://bbmp.sahaaya.in

You will get 


Building Plan Approval


Plan Sanction Condition;

you will get

Highrise Plan Sanction General Conditions,

Download here

BBMP/ADDL.DIR/JD NORTH/LP/0------/2015-16

This Plan Sanction is issued subject to the following conditions

 

The details of all the doubts you have raised will be available in the above circular.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

You can write a letter to the authorities concerned under RTI act ad can seek the information whatever you desire to get.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If any floor is found to be under illegal construction then the authorities may issue notice and initiate steps to demolish the illegal structure or floor, however this may not impact the flat owner whose flats have been approved by the competent authorities.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer