If its under construction than it OK to go for purchase before that check same details with  Bank which is going to provide you loan against that same property.

Yes you can go ahead to purchase the property 

Buy the flat only after builder obtains OC 

there are hardly any buyers for flats now 

even if you wait you would get flat at same rate 

You can buy but you may have issues getting oc in the same. But such builders manage the govt authorities and get oc by illegal means. Most of the construction are facing this kind of menace nowadays. Legally I will not advice you to go for the same. 

Go ahead annexed only the amended map for OC and also for sale deed.

Dear Sir,

You are suggested to go the transaction on written assurance of the builder that OC will be issued and he will be responsible for any issues in future.  

If municipality made through check than quite possibility, OC may not issue. Generally such minor deviation inside the building are oversight and builder manages to obtain OC.

If this change is only in your flat than can go ahead. If every flat than issue will come.

Deviation allowed is only within 5% as per norms.

Steps for getting CC and OC.

1. First is builder applies to BBMP for sanction of his building plan.

2. When this is approved with or without modifications, it is called approved sanction plan.

3. Builder starts construction by putting up the foundation pillars. At this time BBMP will come and check if the building foundation is as per plan. If satisfied, they will give the Commencement Certificate (CC). Without CC you cannot proceed.

4. After building construction is completed, builder will hire a registered architect who will fill up and sign off the form of Completion Certificate. This basically means that the Architect certifies that the building has been constructed as per plan. The format for this called is called Schedule VIII. Remember there is no such thing as Completion Certificate from the BBMP.

5. Now the builder can apply for Occupancy Certificate for the building from BBMP by submitting the Completion Certificate along with the OC application form.

6. BBMP comes for physical verification. As per rules, if the deviation is within 5% of the plan, then after collecting the required penalty they will regularize the building and issue the OC.

the plans are sanctioned by the authorities for a reason

the specific positioning of the walls in the sanctioned plans is for a particular reason

ask the builder to get NOC from the authority if he claims that it wont object and that OC will be issued despite the discrepancy in the actual layout of the flat and the layout as per the sanctioned plans

- As per rule, when you buy a flat, then you are technically buying two things i.e. the first thing is the constructed part of the building where being owner, you will actually reside, while the second is a proportionate share of the land on which the property is built, and this share of land allotted to the you/flat owner is known as an undivided land share or UDS.

- Further, the value of any property is the increased, due to increase in the land rate and not the constructed area, and hence it is the UDS that determines the future monetary value of the property. 

- Further, if the apartment in which you are going to purchase is demolished for reconstruction or comes under a government acquisition project and made available for demolition, the compensation to the respective flat owner will depend on the percentage of the undivided land share in the property.

- Hence, the sum of the UDS for each flat owner must be proportionate to the area of the land in which the apartment has been constructed.

- Further, In case of co-operative housing societies, the UDS must legally be in the name of the society since the flat owners are the shareholders of the society.

- Hence, if the OC will be as per UDS , then you can proceed to purchase the same. 

1. IF the building structural plans are not violated AND IF it is within the permissible FSI, THEN change in internal walls is not taken into consideration for OC purposes and typically builder manages to obtain OC.

2. More than 60% buildings in major Cities do not have OC and yet Sale /Purchase transactions are duly registered and the authorities do not interfere for minor deviations in building plans.

It's risky to buy such flat. 

Please seek for inspection of Original Blueprints and plan approved by BBMP.

Please check that if it is RERA registered project being constructed and finalized by the Builder. 

If yes then its problematic for you.

Please go for some other projects which are at par with sanctioned approved plan as per BBMP.

Definitely it would an issue at the stage of seeking OC by Architect of Builder from BBMP.

Legally any apartment complex with more than 5% deviation against approved layout plan will not get Occupancy Certificate or Completion Certificate.

I don't think he is telling the truth. He has done some manipulations and is teying to sell something else. Find out what is the real deal behind it.

1. No there will no issue in getting OC. 

2. Yes you can go ahead with purchase of property.

Not safe to proceed with this.

regards

Dear Sir,

If the price is affordable then you can go ahead as the builder has assured you to set right and take in writing. Such deviations are many and at the most some fines will be imposed and issues will be closed.