• Issue of Occupancy Certificate for BMRDA approved site

I have purchased a flat in an apartment in Bommasandra-Jigani Link Road (Jigani, Bangalore) which falls under BMRDA Jurisdiction. The approved plan was for Basement + (G + 3) floors with 20 flats in each floor but the builder has installed an additional 4th floor without any approval having 6-7 flats. He mentions that he will be acquiring the Occupancy Certificate by paying some monetary fee as part of the deviation. I have read that apartment under 5% of deviation can apply for OC with BBMP for BBMP approved sites paying some extra fine. Is it the same with BMRDA as well. Does the BMRDA issue OC (some sources say they don't)? In case if they do, does a deviation of a floor can be covered in 5%?
Asked 2 years ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) as per information available online on various sites it appears that BMRDA does not issue OC 

2) it is better to visit BMRDA office in this regard 
Ajay Sethi
Advocate, Mumbai
41442 Answers
2373 Consultations

5.0 on 5.0

If you are not purchasing the flats which are built without approval then you need not be much concerned. The rest of the flats if built with proper approval will remain untouched.
I would though not advise you to purchase the flat which is built without approval. wait for the approval and then only purchase it.
Devajyoti Barman
Advocate, Kolkata
11644 Answers
146 Consultations

5.0 on 5.0

Dear Sir, no such fine or approval presently in BMRDA. 
C. V. Jadhav
Advocate, Bangalore
316 Answers
13 Consultations

3.9 on 5.0

It is the discretion of the competent authority to issue or refuse the OC in case there is deviation from the approved plan.  Nobody can guarantee what they will do in a specific case. It is unwise to take possession unless OC has been issued. 
Ashish Davessar
Advocate, Jaipur
22896 Answers
617 Consultations

5.0 on 5.0

BMRDA approved plan does not mandate the issuance of Occupancy certificate, but a completion certificate only.
If there is deviation now by the builder, and if he assures you that he will obtain the completion certificate by paying some monetary fee or penalty from BMRDA then you can trust the builder if he gives this undertaking in writing either in the sale agreement or in his official letter head duly signed by him.
Regularization is important because eventually this property would fall within BBMP limits and at that point in time to regularize it will be difficult as the builder would have vanished into thin air and would not be willing to get it regularized.
the percentage of deviation needs to be ascertained by a certified civil engineer for the said project.
Kiran N. Murthy
Advocate, Bangalore
953 Answers
86 Consultations

5.0 on 5.0

This deviation what you have mentioned is not 5% hence if there is a deviation beyond the permitted limit, to another level it may be regularised by the authorities by imposing some penal charges, but if it is beyond even that level, the authorities may not sanction OC.
Constructing many flats beyond the approved limit is a deviation which may not be regularised by BMRDA and it may order demolition at a later stage if it comes to their knowledge. 
The builder may tell thousand stories in order to sell his flats for his benefits, but at a later stage he may not be available to rectify the problem.
Therefore it is not advisable to purchase the flat without getting OC or without obtaining a proper legal opinion from a local advocate  on such issues. 
T Kalaiselvan
Advocate, Vellore
31528 Answers
339 Consultations

5.0 on 5.0

Hi, BMRDA will not issue the occupancy certificate if there is any deviation in sanction plan and license it your case builder has constructed 4 the floor and it is violation of sanction plan and license so under this circumstances BMRDA will not issue Occupation Certificate.
Pradeep Bharathipura
Advocate, Bangalore
4453 Answers
200 Consultations

4.3 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer