Don’t purchase the flat if the construction has not been as per per sanctioned  plans

Whether occupation certificate has been issued by the municipal Corporation, kindly clarify

if no OC is issued, don’t purchase the flat

The builder has built the building/flats to his convenience by totally deviating the approved plan.

The flat in the ground floor constructed against stilt parking will be demolished once the corrupted officials are exposed.

Besides the deviation in construction of the flat you propose to purchase is also liable penal action by competent authority when the matter comes to their knowledge.

There are people to make complaint against such irregularities hence it is always a problem.

Did you obtain a proper legal opinion for the property you wish to buy.

If not do it immediately and proceed only when recommended and also by obtaining second opinion from another experienced lawyer.

Second floor flat in the  two floor is no problem. Major violation is in stilt, purchaser of stilt flat will face the  music. Absence of sanctioned balcony is not a violation of sanction, it is condonable deviation. Even absence of service area in kitchen is not an actionable violation. Corporations time notify regularization schemes for violations of sanctioned plane on payment of penalty, you can make use so such schemes. General law is, Corporation should take action against violation during construction, once construction is completed, unless such construction violates any environmental award, demolition cannot be carried out.

Yes, such deviation is illegal unless regularised or permitted by authority. As per law, only one kitchen is permitted on each floor. Ask the seller or builder for Completion Certificate or compounding plan and if either of them is not provided then donot proceed further to purchase the flat. 

Your concerns are valid, as deviations from the approved plan may lead to legal and practical issues in the future. Here's a detailed analysis:

1. Ground Floor Violation:

• 
  Issue: The approved plan mentions stilt parking, but a flat exists on the ground floor. This constitutes a violation of the building plan approved by the authority.
• 
  Risk: If the government authorities notice this deviation, they may take actions such as issuing a demolition notice or imposing penalties. As a buyer, while you are purchasing only the second floor, the entire building's compliance with legal norms is critical. Any action by authorities may impact the entire structure, including your flat.

2. Undivided Share of Land (UDS):

• 
  Issue: The UDS is being divided among 7 flats, including the unauthorized ground floor flat. This division could lead to disputes in the future, particularly if the ground floor flat is challenged legally or if redevelopment is required.
• 
  Risk: The presence of an unauthorized flat can reduce the value of your share in the property and complicate matters if the building faces legal action or redevelopment.

3. Balcony and Service Area Deviation:

• 
  Issue: The absence of the balcony and service area in your flat indicates a deviation from the approved plan.
• 
  Risk: If these features are part of the sanctioned plan, their absence could be flagged during inspections or legal assessments. It may also impact the resale value or functionality of the flat.

Recommendations:

1. Legal Verification:

   • Consult a local property lawyer to review the building approval plan, the deviation extent, and the flat's title and UDS documents.
   • Ensure that the deviations, including the ground floor flat and missing features in your flat, do not lead to future legal complications.

2. Obtain an Encumbrance Certificate (EC):

   • This will confirm if there are any pending disputes or notices against the property.

3. Check with the Local Authority:

   • Inquire with the local municipal or planning authority about the implications of these deviations and whether they can regularize the unauthorized portions.

4. Renegotiate Price:

   • Use the deviations as leverage to negotiate a lower price if you still wish to proceed with the purchase.

5. Consider an Alternative:

   • If the risks outweigh the benefits, consider looking for a property that complies with all legal norms.

Final Note: While minor deviations are common, the extent of the violations in this case (unauthorized ground floor and changes to the flat layout) warrants thorough due diligence. A legal consultation is highly recommended to safeguard your investment.

You need to send the legal notice to builder & then to the corporation about the same. If not responded satisfactorily you need to approach court seeking appropriate directions against builder & corporation.

Dear Client,

Buying a second-floor apartment in a building with unauthorised construction on the ground floor and with violations of the approved plan on your apartment raises very pertinent legal and practical issues. Unauthorised construction such as a flat in a stilt area meant only for parking is a clear violation of building norms; it may invite penalties or demolition orders or even punitive action by government authorities; this could affect the entire building, including your apartment where you are not even at fault for the violation. Add to this the deviations in the approved plan—e.g., the missing balcony and service area in your intended purchase—and you could, in the future, possibly have problems with approvals, re-sale, or availing yourself of loans. This is therefore something that needs clarification with the seller, and obtaining a legal opinion would certainly be advisable. Make sure that the title, undivided share, all approvals are in order and take a legal opinion with regard to risks and consequences to safeguard your investment as much as possible.

Hope that this helps you to solve your problem.

- As per the Supreme Court, mere departure from the authorized plan or erecting a structure without sanction does not justify demolition.

- Hence, the builder can apply for the approval for the said ground floor