• Is this a deviation? Chennai flat

We are trying to buy a flat in Chennai. The flat is in ground floor and is about 950sq.ft. There are 2 more flats in 1st floor and 2 more in 2nd floor. The builder has taken approval only for kitchen, bathroom and utility (about 250 sq.ft). The seller is mentioning that that in 2014 when this apartment was built, it was ok to just get approval for kitchen, bathroom and utility. However, currently the bank has denied loan application and is asking for the entire flat to be shown in the plan as the rules have changed Is this a deviation and whether CMDA will take any legal action?
Asked 2 months ago in Property Law
Religion: Other

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16 Answers

Hi,  the builder has to build the Flat as per sanctioned plan.  If the construction is violated  as per the sanctioned plan then there is a deviation in the plan. 

Pradeep Bharathipura
Advocate, Bangalore
5135 Answers
282 Consultations

4.5 on 5.0

Builder needs to pay some penalty to muncipal corporation and get unauthorised construction regularised if possible 

 

 

CMDA can demolish illegal construction done 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

 

Don’t purchase the flat until unauthorised construction is regularised by muncipal corporation 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

It appears that there is a 100% deviation against the approved plan. 

Hence the CMDA can demolish the flats for this reason also. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Since the property has to be sold,  the seller/builder may give plenty of assurances. 

It is better to keep off from this property. 

You may purchase it after the authorities regularize the construction. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Regularisation request can be rejected by CDMA 

 

it should not take more than 3 months or so 

Ajay Sethi
Advocate, Mumbai
84068 Answers
5480 Consultations

5.0 on 5.0

Dear Sir,

1. For construction of any residential or commercial building or property within the limits of the urban local bodies, the citizen has to approach the Town planning section of the respective ULB, which issues permission for construction of buildings based on specific set of rules and regulations. The Town planning section performs technical scrutiny and processing of building plans and issues building plan permissions. The main processes related to Town planning section for obtaining of building permissions are as follows.

  •     Approval of building proposals of various types and nature of buildings
  •     Approval of layout proposals
  •     Processing and completion of Government references, Court cases, Chief Minister Cell reference, LokAyukta references etc.
  •     Planning and implementation of Developmental activity such as road widening, junction improvements, development of parks, play grounds, subways, parking lots, bus bays etc
  •     Calculation of various fees such as admission fee, developmental charges, regularization charges, building license fees, scrutiny fees, demolition charges etc., and Collection of the fees and maintenance of appropriate records

2. It is only after the entire process is complete that you will obtain an approval and hence the due time may vary from case to case. 

3. The acceptance is contingent upon the documents presented and is on the discretion of the CDMA.

Thank You!

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

Regularization of such deviations are not automatic process.

One must apply for it, it is the discretion of the authorities concerned to regularize the same or to reject it.

They may analyse all the factors including the assessment reports before arriving at any decision.

The time taken for disposal of such cases cannot be predicted.

Being a prospective purchaser you can just wait for the seller to get the same regularized, you cannot move the things before the authorities concerned without having any rights or interests in the property. 

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

As the construction is  unapproved by the authorities, it will always be at risk of demolition.

Also, builder is lying to you.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Re- approval won't be possible after so many years. It will only enhance the risk of demolition as it is unauthorized construction.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

Don't put your money in this property. Invest in a property which has a clean title with due approvals.

Siddharth Jain
Advocate, New Delhi
5759 Answers
83 Consultations

5.0 on 5.0

- As per law, a proper approval from the CMDA is needed for the construction of a building , otherwise it can be demolished or fined by the authority. 

- Since the complete portion of the flat is not as per the approval site plan  , then the CDMA can demolish the additional portion after serving a notice to the occupier , and that is the reason the bank refused to sanctioned loan. 

- Yes, the builder may get the approval after paying the penalty for the same, and there is also possibility to reject the approval for the deviation. 

- But, generally housing units get the approval .

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

1. If the rule has been changed and the sanction for kitchen, bathroom and utility of 250 sq.ft. also will include additional 700 sq.ft. after the year 2014, then ask the seller the copy of the said rule or amendment of the rule.

 

2. Any enactment  of or amendment of rule will be passed by the appropriate body and will be notified. It will not be just verbally amended.

 

2. Apparently the extension of the apartment has been made without obtaining any approval from the appropriate authority.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. Little deviations are approved by the authority after collecting penalties which is largely done in Bangalore.

 

2. However, approval for addition of 700 sq,ft appears to be very strange.

 

3. Examine the authenticity of the Plan/Document  submitted by the seller.

 

4. Visit the CMDA  office to get the matter verified from the concerned department.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

1. There is every possibility that such a huge addition to the original sanctioned plan will be rejected.

 

2. Buy the property only after being confirmed that the extension plan has been genuinely approved by the CMDA authority.

Krishna Kishore Ganguly
Advocate, Kolkata
26030 Answers
726 Consultations

5.0 on 5.0

Yes in this case of approvals are not there before construction or appropriate times then only through permission of court. 

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

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