• Apartment purchase in Bangalore

I'm about to finalise an apartment in North Bangalore. The builder name is Elegant Builders and Developers. I recently came to know from the builder that the building plan is not as per the BBMP sanctioned plan and there is 30% deviation where the setback area is not as per the sanctioned plan. I asked builder about the Occupancy Certificate and he said he will not be able to provide the OC but can provide A Khata for the flat. Now I'm confused whether I should purchase this flat or not. I need your suggestions.. Also with Akrama Sakrama implementation can builder obtain OC by paying the penalty. Please advice me
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1. Without getting the OC it is not safe to buy a flat.
2, However I may hasten to add that 30% deviation is correctable and the changed plan is sanctioned alter on by the Municipality on payment of penalty.
3. If the project is big and the builder is reputed then you can proceed to purchase the same.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. there is  certainly a risk involved in buying such type of property,

2. However, it is a practice in Bangalore to get the deviation by paying the required penalty though no body is sure whether the said deviation will be regularised bybthe authorityb or not,

3. Visit BBMP office to get first hand information about the possibility of getting the  said deviation regularised before taking a decision,

4. Act judiciously.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi sir/madam, you should get as per BBMP sanctioned plan only, if deviation it will be trouble to you in future. A khata is sufficient now, after Akrama Sakrama it will be count at the time of Sakrama. Akrama Sakrama is implementation is depend upon strategies of the builder. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
The builder's promises will be 50% false and if that false promise exists, the builder will not be available to fulfill his false promises once is job is over or he may not respond  properly nor will he cooperate to get your entitled reliefs later on.  Therefore instead of falling in the pit with eyes open, why dont you take an opinion from a local lawyer and then proceed if it is feasible. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Hi, when the building has constructed in deviation then BBMP will not issue OC, you have to wait for akram sakram scheme.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
The bye-laws, regulations and policies set forth by the governmental bodies ensure two things:
1. Safety
2.Quality of Living 

Buildings have been constructed that are not in line with building regulations. Usually, buildings that violate building norms are demolished.To deal with this, the State government of Karnataka has decided to implement Akrama-Sakrama scheme, which will enable regularisation of properties that had violated buildings norms.It will permit up to 50 percent violation of setback norms and permissible FAR in residential buildings and up to 25 percent in non-residential buildings.Beyond 50% violation may not be regularised and would be liable for demolition.

By paying the prescribed fee to regularise illegal constructions, for instance, professional builders could pass on the burden of these penalty fees to the ultimate buyers. So risk are up on you. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1) building has to be constructed as per sanctioned plans 

2) you will always have damoscles sword hanging over your head as Muncipal corporation can demolish unauthorised construction 

3) occupation certificate will not be issued and your title would not be clear and marketable 

4) don't purchase the flat 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1. Without OC the possession cannot be given by the builder. A building in respect of which OC has not been obtained may be demolished at anytime by the corporation in accordance with the law,

2. Do not purchase the apartment unless OC is obtained.

3. Regularization can be done subject to penalty.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
1) you should be more concerned that builder has obtained occupation certificate . 

2) it would imply that building has been completed as per sanctioned plans 

3) contact a local lawyer . only after going through the documents and taking search can lawyer certify whether title is clear and marketable 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Hi sir/madam, you should get occupation certificate and completition certificate and get legal opinion on this regard even though BDA/BBMP/private organization if any, you should get thorough legal opinion otherwise you will come into trouble.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. You can buy properties coming under any of the said Authorities i.e. BDA or BBMP if the title of the properties are found to be legal,

2. Yes, the authority will issue OC only when the entire construction has been found to be completed as per the sanctioned building plan,

3. Yes, why not. You should conduct search and collect due diligence report about the said property. If the land owners have valid title of heir portions of land and if agreement with the developer is valid, then there is no reason why you should not buy the said property. Let the registry search and court search about the property is conducted by an experienced lawyer to be conformed about the validity of the ownership of the land and also the construction project.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
As I always advise everyone who wish to buy immovable assets involving  huge investments, it will always be better to spend a few thousands on legal opinion from  a local experienced and  prudent lawyer who is knowledgeable in the property related issues. Now to your query

1) Is it safe to buy property which is under BDA and not BBMP ?
The khatha issue will have to be solved whether the property comes under BDA or BBMP before purchasing, have a confirmation about the khata.  There is nothing wrong in  purchasing a property falling within BDA


2)  Does obtaining OC means that builder has complied to the corporation sanctioned plan and does not have any deviation ?
The authorities are supposed to sanction the OC only after confirming the construction in accordance with the permitted rules, so once OC obtained there is no question of worrying about the deviation, it has already been taken care of.

3) As per the land documents, it is a property which has multiple land owners and the same has been handed over to builder through a registered agreement and partition deed. Is it safe to buy such property ?
The documents are to be seen for giving proper opinion,you may refer to my  introductory remarks in this thread.
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0

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