You should not face any problems as alterations have been dine by the builder and it is not a load bearing wall
however society will charge you maintenance fir 3 bhk flat
Alteration of Underconstruction apartment
I am buying an underconstruction apartment slated for handover in 2027 in Bangalore. It's a 3bhk and 4bhk only project, but I have requested the wall of one bedroom to be removed such that it will merge into the living area essentially becoming a 2bhk. Now builder agreed to do it because the wall is not load bearing and it doesn't have any pillars. But, the builder is not agreeing to include this in the sale agreement as they are saying it's standard that we don't include, which will be the same case during sale deed also. It means i will have a different layout in sale agreement/deed and will be mentioning it as a 3bhk everywhere, but technically it will be 2bhk. But the builder is ready to give me in an email/writing that the modification will be 100% completed. Is this okay? What will be the legal challenges I will face later because of this difference in the layout in the agreement vs the actual modified layout?
Asked 7 months ago in Property Law
Religion: Hindu
11 Answers
What you ask is structural alteration of 3 bhk to 2 bhk, whereas you are purchasing a 3bhk apartment.
Hence legally it will not be possible to entertain your request to sell 2 bhk flat if it is actually a 3bhk flat.
You may be contended with the builder's nod to accede to your request and accommodating it.
You may not be able to claim legal recognition of two BHK flat.
Thank you so much for taking the time to review my question and respond. I am not worried about the Maintenance amounts or the legal recognition of this being a 2BHK. Only clarification I need would be if this difference in my apartment layout would create any other legal problem in the future? (Like receiving OC, during reselling there will be a mismatch, etc)
Asked 7 months ago
If the authorities inspect the building before granting OC then this will become a hindrance, hence instead of risking it that way, you may have the wall built and then with the permission of builder you can remove the wall in between the rooms and alter the structure with the help of builder.
If there is a legal issue in this regard, the builder may not come to your rescue then
It would not create problems in future .
it will not effect resale of flat
1. It may lead to BBMP taking action as there would be mismatch from the sanctioned plan.
2. This deviation from the sanctioned plan may invite penalty from the BBMP and may lead to delay in obtaining OC.
3. During reselling in future, you may find it difficult to convince the prospective buyer
Any email contrary to the approved lay out is not of any help. As this is internal modification it will not crate any legal problem as the modification can be reversed. You can put the wall in place at the time of selling it as 3BHK. OC is given only one time, no further oc is required at the time of resale.
This will have no legal repercussions, go ahead. Why I am saying so because this alteration is not very major and does not involves in any structural/dimensional changes in the layout. The partition being removed can be added anytime in the future.
Dear Client,
If the sale agreement and deed state 3BHK but you receive an altered 2BHK layout (wall removed), this discrepancy can lead to problems during resale, bank financing, and property verification in the future. An email or written confirmation by the builder is useful however, it is to be noted that that is still weaker than having the alteration in the sale agreement or in the deed. It can be difficult to enforce legally later.
Occupancy Certificate (OC): Not normally affected if the wall is non-load bearing and builder acts as per norms, but absence of municipal sanction may lead to issues.
Local Approvals & Society Consent: Obtain required NOCs from local authorities and apartment association to prevent disputes or fines.
Resale & Financing: Future purchasers or banks can raise an eyebrow over the variation; have all documents (builder's acknowledgement, architect's certificate) ready to establish the alteration.
Recommendation: Demand written approval, take architect's certificate, acquire society and municipal sanctions, and maintain very minute records of the altered layout to escape future judicial or practical disputes.
If it’s against any approved plan may have an issue during sale. But if your alteration is legal then no sssue
- As per law, the sale deed must have the real layout ,otherwise it may create problem in future.
