• Flat in Bangalore with no OC

Planning to buy a flat in Bangalore but the builder does not give OC due to "set back violations". The land has no issues as it says Khatha A. The number of floors is also same as what is in the plan.
Questions:
1) How do we know the exact % deviation calculated by BBMP which resulted in denying the OC?
2) What is the permissible % deviation for regularizing the properties constructed after Oct 2013 by Akrama Sakarma?

I have already seen a few responses for a similar question in the site itself but this is an extension of those questions.
Asked 5 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) file RTI application  with BBMP as to why OC has not been issued and the deviations done contrary to sanctioned plans 

2) residentiall property owners will be able to regularise deviation upto maximum amount of 50 per cent 
Ajay Sethi
Advocate, Mumbai
23318 Answers
1220 Consultations
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1. Without OC the building cannot be occupied. To ascertain the exact deviation you have to go to BBMP office and ask the officials there.

2. In order to regularize buildings with deviation, Karnataka has enacted the Akrama Sakrama act. This act has been bought out to correct deviations in all buildings. Once the building is approved, deviations of upto 25% for commercial buildings and 50% for residential buildings can be regularized.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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Generally denial of OC will be due to extra floor or abnormal deviation in construction violating the permitted limit.
Without OC he cannot get khatha for the constructed building, confirm if he has really got one and whether it is the genuine extract given by the authorities concerned. . 
Actually OC is issued for an entire building, or a part thereof, and is not given to individual flats. 
The law states that it is illegal for a building without OC to be occupied.
There are several reasons for this, including: The building is not as per the sanctioned plan, has illegal unsanctioned floors/ walls/ extensions The building is not safe to inhabit because of quality of construction, safety of stairs/ lifts, electrical safety, fire safety, airline safety, etc. 
Not built as per the sanctioned plan – including plinth, setback, height, FAR. Facilities like club house, party hall, etc. need to be in the sanctioned plan. Deviation till 5% may be allowed 
The building is not capable of fulfilling its mandatory role in managing its waste, sewage, water. 
Builders, without fulfilling the mandatory terms of sanction and/or promises to the buyers are eager to hand over and move on to the next project. By getting people to live in the flats, they create a shield for themselves. They also escape from the delay penalty clauses that are in the agreement. - Buyers are eager to take possession of their homes. Many are not even aware of OC and what it means. 
Have you verified the Katha Certificate and Extracts. It has the details of the property in a particular format with the name, size of the property, use of the property (commercial purpose, residential), annual value, when assessed last.
Have you verified Supplementary agreement / Ratification Deed (if any). To avoid any future shock on modified clauses which you might not be aware of & is not included in property documents.
However be sure that the the flats without OC cannot be issued with A khatha, without seeing the copy of the khatha and verifying its genuineness it may not be advisable to proceed with the purchase, take a legal opinion from a local lawyer before buying the property.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
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