If construction has not been done as per sanctioned plans no OC would be issued 

BBMP can demolish illegal construction 

dint purchase flat on unapproved floor 

Firstly check with SBI or HDFC bank are they going to provide mortgage loan on that flat. You will have picture clear about legal mutation papers. 

Initially you have to perform all mutation work correctly or ask seller to provide all correct papers otherwise you won't be able to get home loan. Plus there will be problems in future selling of the flat. 

If you buy a flat of b khata you may have further issues of irregularities in the same being in authorized. You have also have issues in further selling the flat. You can buy the same in approved plan but it may continue its issues and lead to problems in future

Then you can purchase, still ask buyer to get khata updated. Otherwise if you're going for loan it won't get approved.

As the flat is having B Katha, it seems the builder has deviated from the main plan by putting up an extra floor in the building. Risk of B Katha is that not many nationalized banks provide loan for such properties, apart from this by deciding to buy the flat in the unapproved floor, you are risking demolition from the sanctioning authority in the future.

If you survive the demolition, then BBMP might convert the B Katha to A Katha by regularizing the illegal floor under a scheme that they are planning to bring in called Akrama Sakrama.

Buying a Flat in an approved or sanctioned floor is far better compared to buying it in the unapproved floor for the reasons stated above. This apart getting it converted to A Katha is also very good.

Always buy an approved property to avoid any further legal consequences. 

1. When once the Akrama-Sakrama becomes operational, the extra unapproved Flat may be regularised by obtaining penalty amount.

2.  The Akrama-Sakrama scheme formulated by the Karnataka Government has been stayed in the Hon'ble Supreme Court and when the stay is vacated, the Akrama-Sakrama scheme may be operational.

3.  "A" Katha may be issued to such Flat, after collecting the penalty amount for the deviation from the approved plan.

4.  In some cases, even if you buy a Flat, which is within/under the approved plan, still it will be under "B" Katha, since the apartment building would have deviated from the sanctioned plan. It's advisable to obtain Legal Opinion from a Lawyer, before going ahead to buy the property.

You can buy flat which is as per sanctioned plans 

If you buy the flat with approved plan that will be good to go but unapproved apartment you may at the risk of demolition in case the civic and development authorities take any action to demolish the unapproved floors.

- As per the Karnataka Court, a building or property having only a B Khata is an illegal property. 

- Further, a person cannot sell or resell his property with only a B Khata.

- Further , B Khata is a temporary document while A Khata is the permanent one, hence generally Bank not issued loan on B Khata. 

- However , one can convert B into A Khatha after applying before for District Commissioner Conversion.

- Hence, the flat with B Khata not suggested to purchase , and even approved but still B khata is same. 

Dear Sir,

Purchase any property in Bengaluru is attached with some risk. In this the risk is between 10 to 20 percent because it is situated in unapproved floor and  flat is B Katha. It is not a problem and such problems will be sorted out on payment some of penalty as may be prescribed by the BBMP . Please see the following also.

What is a khata?

A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax.

It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.

What is the difference between an A Khata and B Khata?

What any property buyer should know while buying property in Bangalore is that it should have A khata.

An A khata means you are buying a property that is legal, and it will allow you to construct on it and obtain a trade or building license.  Here are some further details on the difference between A Khata and B Khata.

Then how did the term B Khata come into being?

Well in 2007 when BBMP came into being 2 things were apparent:

1) There were many properties that fell under its jurisdiction that were illegal constructions
2) There was a need for an uniform taxation policy

Regarding the former the BBMP found that these illegal constructions were enjoying civic amenities without paying taxes. While regarding the latter, there was a need to consolidate the tax collection process to make it simpler which was earlier collected by 3 different bodies.

Now, the newly formed BBMP had the power to levy taxes on the aforementioned illegal constructions. The taxes collected from these properties were recorded in a register known in common parlance as B register and the khata issued therein was known as a B khata.

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties.

However, it is only fair to mention that any B khata property can be converted into an A khata property.

Flat will remain B khata because of violation of building bylaws. And later may the unauthorised construction may demolish by municipality.

You can buy approved falt still till extra portion will not demolish, A khata will not issue but your flat will be safe.

Dear Sir,

1. Do no buy the flat in unapproved floor. You will face a risk of that floor getting demolished by BBMP or at least pay the penalty to get the construction regularized.

2. You can buy the approved flat. If possible, ask the owner to get it changed to A khata.  

Best wishes. 

Dear sir, 

It's an unapproved plan where your planning to purchase if its wont get approval from the government for the construction of that unapproved floor then in such a case you may be the sufferer as by knowing u have purchased it I suggest to purchase if it is approved and sanctioned for the floor to construct by the government and always purchase the flat having A khata rather than B khata; no worries or can be converted from B to A khata but always go for A khata and when it is legally approved and sanctioned by the government you can ask builder to show sanctioned plan and have a check if it is sanctioned then you can go ahead and purchase if not ot may lead into litigation!!

The extra unapproved construction of flat is an illegal construction. 

The authorities my demolish it anytime.

The builder would not have got even B khata for this so far.

The B khata even if obtained is not an authority prove the legal validity of the extra flat constructed deviating the approved plan.

The government scheme to regularize the unapproved flats may be implement or not is a million dollar question. 

There are chances to get A khata only after this flat is regularised, which may take years and there is no certainty over this.

You can hope to get the B khata converted to A khata of the flat constructed under  approved plan.

Even that may take time owing to various reasons. 

 in case, you have finalised a property that has B Khata, you can get it upgraded to A Khata once the builder has all the clearances in place.

With regards to deviation you better avoid any property which your lawyer does not approve off. He will give you a list or document which your builder should provide. If he cant better avoid

Word of caution:  please check your property documents through a qualified and competent lawyer

You have to get in touch with a local lawyer in Banglore who deals in doing a title search of land/property. Ask him to do a title search and he will let you know of the risks involved, if any

Ho for the approved one.

This can be effectively answered by only a Karnataka based lawyer.

1. Chances for conversion to A khata can be difficult and also you may have to face heavy penalty to get the floor approved.

2. Bangalore municipal corporation can also send notice for demolition of unapproved flats.