Builder can combine and sell 2 apartments
2) however when society is formed society will charge you separate maintenance for each flat which were combined into one flat as under the sanctioned plans it is being shown as 2 separate flats
Combining 2 new apartments by the builder
Hello Sir, I am considering joining 2 new apartments that are side by side. The apartment towers are still under construction and builder is ok to make these changes at this stage. My question is about what BBMP permissions should I seek, and since the society is not yet formed, should I also plan for getting a NOC from association after it is formed in the future? I am worried that builder will combine and sell it, but later after a society is formed somebody might raise objections. Please advise. Thanking You
Asked 2 years ago in Property Law
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9 Answers
1. For joining two apartments into one, a revised sanction plan has to be obtained from the jurisdictional BBMP Office or you have to apply for amalgamation of Khatha of the two apartments into one unit.
2. Also, as you have rightly suggested , obtain NOC from the association to be formed in future.
1. Most states in the country prohibit the merging of two adjacent flats, to make a bigger apartment. Some that allow such modifications, ask the owner to obtain necessary permits, for such a change.
2. If the association is objecting to it quoting the relevant bylaws, then you may have to obtain NOC from them.
3. If you have obtained the khatha following the procedures laid down and got it amalgamated and also NOC from BDA obtained, then it may be considered as complete.
Dear Client,
You can get a NOC from the association after it is formed in the future.
Thank You
Yes you can do that only by permission of the corporation by submitting certificate of architect certifying that there is no threat to the building
If you combine two separate units into one, a revised building licence (plan) from the BBMP is absolutely necessary. If this is obtained, no need for any further permission from the association to be formed in future. Ask your builder to do it for you.
Dear Sir,
Yes, your thought is real thought and you must sort out such problem both with the builder, the Association which may formed in future and the BBMP. In the sale agreement and sale deed also include such proposal and better to get approval of such special Apartment in the original layout plan.
- Without getting approval from the BBMP , the builder cannot changes in the apartment.
- Further , if the builder even combines as one, then the Society can interfere into the same , and may required the permission from the competent authority /Municipal corporation.
- Good future thinking.
This is very common in Mumbai and now catching in Bangalore.
Well Association is not a problem because changes happened before them.
The problem will arise only while selling that too if you are selling it separately to 2 parties.
- However Everything depends on how you are combining. Only 1 gate opening between them or complete restructuring.
- If there is only 1 gate opening then its not a problem at all and don’t worry for it at all. Further it can be closed again to make them 2 separate unit anytime.
- If this change is in the agreement then its best.
Else You can take architect approval.
