• Change in structure post OC receipt

I intend to buy a flat. The builder showed me 2 different structure plan. One was a RERA plan and other was a plan how the builder will change the structure of a flat after he receives an OC from Rera and corporation.
My worry is, when finally upon possession of this flat, technically it will be an unauthorised structure as it is not exactly built as per Rera OC received plan. 
Does that create a problem in future when Im using this flat by then?
Asked 3 years ago in Property Law
Religion: Hindu

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15 Answers

Any unauthorised alterations made in flat can be demolished by bmc after issue of notice 

Ajay Sethi
Advocate, Mumbai
94778 Answers
7546 Consultations

5.0 on 5.0

You are entering into illegal contract. If later builder refused as promised, you cannot do anything.

And if anyone complained of this variation, you may face demolition.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

1. Irrespective of the any sanctioned Plans, no changes are permitted after buildings are granted OC by BMC.  Any changes (after OC is granted) shall be illegal & unauthorized and the occupant (present owner) shall be responsible for the changes and shall be liable for prosecution.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

If there is a minor Change in the structure of the building, it does not matter. And if the change is costing more and seems improper then you may file a in the RERA agaist the builder.

Jaswant Singh
Advocate, Gurugram
929 Answers
2 Consultations

4.8 on 5.0

Yes, your apprehensions are correct. 

You can't change in the structure of building  after OC which is approved by the competent authorities under the law. 

If changed then MMC would issue you demolition notice under section 351 and 354 - A of MMC Act 1888.

You may be charged with criminal actions under MRTP Act if the changes brought to the notice of MMC and Police.

Better not to change the structure after grant of OC.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Rera first of all does not issue any OC

The sanctioned plans are just required to be uploaded on the Rera website by the builder

Once OC is received there can be no structural changes in the flat which tend to increase its total carpet area except minor cosmetic repairs 

Builder will be bound by the plans which are approved by the Municipal Corporation 

Any other plan is simply illegal and cannot be relied on nor can any changes be made as per that plan

Once OC is issued the builder has to immediately give possession of the flat to the buyer. He is not permitted to make any changes to the flat which will invalidate the OC. 

When you take possession of the flat you will have to ensure that the flat is constructed as per the sanctioned plans and not any other plan. If there is any deviation you can either refuse to take possession or take possession under protest and notify about the unauthorized changes made by the builder to the Municipal Corporation and further you can also approach Rera to compensate you in case the Corporation takes any steps to demolish the flat which is not as per the plans 

Yusuf Rampurawala
Advocate, Mumbai
7517 Answers
79 Consultations

5.0 on 5.0

This is nothing but a deviation in the approved plan.

This deviation which has not been approved by the competent authority will always be a thorn in the throne.

This may attract  either penal provisions or even demolition action by the competent authority at a later stage especially when the builder departs from the scene post sales of this property.

You may better obtain a proper legal opinion from an experience lawyer and proceed only  if recommended.

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Yes it will definitely be an unauthorised structure if not as per OC

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

- If OC already issued to the said building , then no alteration i.e. the builder cannot change the structure legally. 

- Further , the flat owner can face trouble in future due to the said changing in the plan. 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

The flat which is aligned to you kint check that building comes under RERA and layout plan as per OC. If it's on not matching than do not purchase.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Yes if the builder has built an unauthorized structure then it will create problems in the future. He cannot be given a CC in this case.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The building constructed without sanctions or deviated more than 5 per cent from approved plan levies penalty and authorities has right to demolish the building without any prior notice.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Yes it will create problems in future for reselling or loan

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

No, you can change internal structure of flat after recieving possession of flat if that change doesn't affect safety of building. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that you are right in your perception and there may future issues in that. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

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