• Building plan approval given as "Proposed residential building"

Hi sir,

Building plan approval was given as "Proposed residential building"  by BBMP  and constructed  Apartment ("G+3", site measuring 5131Sqft), is it ok to purchase flat in 2nd floor?
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
The information is too scant to render proper advice.
The safety to buy property depends on clean title and availability of requisite sanctions from local authorities.
In your case building is enough security regarding sanction of local authority but to determine the clear title of the land on which the constructions is to be made all the related title deeds is required to be seen.
Meet a local lawyer.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
sanction is given for construction of a building and not on an existing building, therefore it is always given as Proposed residential building only.
It is ok to purchase the flat only if the 2nd floor is duly approved, you clearly state that the construction is accorded for the construction of G + 3 Floors, therefore the 2nd floor on which your flat is sought to be constructed is duly sanctioned.
Hence it is absolutely safe.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1) as per sanctioned plans you can purchase the flat 

2) however before you purchase check whether title of builder is clear and marketable 

3) check other projects of builder whether he has completed projects on time 

4) it is always better to buy flat after construction has been completed by the builder and OC obtained 

5) no doubt you  pay a higher price but it is always better to play safe 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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I find no problem to be forthcoming from BBMP.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Hi. In future you need to regularise it with BBMP.Check with your banker whether he can give you loan with this plan. If the bankers are ok, then negotiate this clause with builder.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
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1) if building constructs apartments as per sanctioned plans you won't face problems 

2) hence advised you to wait tillOC is issued 

3) you will face problems if there are deviations made by builder in carrying out construction 

4) even apartment is used fir residentiall purposes 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, In the plan BBMP has given approval for G+3 then it is valid approval otherwise it is not valid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Conduct a thorough registry search through a lawyer about the said property,

2. Verify the original title deed and also the mother deeds of the land,

3. Collect the brochure and/or the draft agreement for sale and get it checked by a lawyer,

4. If everything is found O.k., then you can buy the said Flat. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. Residential building contains apartments,

2. See the plan submitted before the BBMP which was sanctioned,

3. if the submitted plan specifies about apartments/flats which BBMP has sanctioned, then you can buy the said Flat/Apartment.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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Apartment does not have a clear definition. Apartment is a very common property in commercial property investment. A residential building is for one family use, and an apartment building is for multifamily use. This being said, an apartment does not cease to be a residential building unless the nature of activity proposed to be carried therein is commercial. Get the due diligence conducted through a lawyer before you purchase it.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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it is either residential or commercial building, BBMP does not specifically state Residential apartment building, G + 3 floors indicates apartment only.
the BBMP will not raise any objections in the future, if at all there was a dispute it would be raised during the time of construction. If so, whether the construction has been stopped by BBMP for any reasons get confirmation from BBMP itself.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
Building plan approval was given as "Proposed residential building"  by BBMP  and constructed  Apartment ("G+3", site measuring 5131Sqft), is it ok to purchase flat in 2nd floor?
If the building has been constructed as per approved plan without exceeding the permitted deviation and also if the property documents are clear especially the vendor is having a marketable title, with an opinion from a local lawyer after scrutinising the relevant papers/documents, if it is found to be genuine, you may proceed with the purchase.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
But builder is selling it as a apartment, my question is there any problem in future from bbmp? As it is not mentioned as apartment? Got approval as residential  building  and constructed apartment?
If is selling it as an individual independent unit and is ready to procure A khatha for it, then you may proceed with the purchase, however a legal opinion after proper scrutinisation of all relevant papers, may be obtained before venturing into the investment.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0

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