• Document by joint director of town planning

Planning to buy 6th floor of 11 storied apartment

The developer has provided me with the "BBMP/Addl.Dir/JD NORTH/LP/0309/2012-13" document which states that the sanction has been provided for the construction of BF+GF+7 UF.

Whereas the plan showed by the developer is BF+GF+11 UF, with two blocks (same configuration)

When i inquired with the developers, they told me that they have requested for the additional clearance from BBMP and have provided me with the receipts for Transfer of Development Rights (TDR) they have submitted against the additional permission for the extra floors. They stated that they will receive the clearance certificates from BBMP very soon. (I am not very clear about this situation with TDRs, an explanation in the answer will be appreciated)

Also, when i checked the FIRE NOC, it had the permission for BF+GF+7 UF for one block and BF+GF+11 UF for the other block( Actually the construction is happening for both the blocks for BF+GF+11 UF). 
I am planning to book in the 6th floor of the block which has fire NOC uptil 11th floor

So,
1. If there is a legal dispute actually in place, will my buying at the 6th floor be affected?
2. If they are not able to provide the documents for additional clearance from BBMP, would the TDR receipts be sufficient for me to go ahead and at least pay the token amount to book the apartment?
Asked 8 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) As a thumb rule never invest in under construction projects 

2) always buy flat wherein building has been constructed and OC issued 

3) under construction projects are risky . Builder violate sanctioned plans with impunity and as such no OC is issued leaving flat purchasers  in lurch 

4) in your case plans have been sanctioned till 7th Floor and you are buying flat on 6th floor 

5) however if builder carries  on additional construction contrary to sanctioned plans no OC would be issued and unauthorised floors can be demolished 

Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
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1) BBMP may sanction construction of additional floors depending upon TDR provided by builder 

2' TDR is development rights issued to land owner as compensation for land ceded to govt for amenities 

3) partial OC would be given if floors constructed as per sanctioned plans 
Ajay Sethi
Advocate, Mumbai
26095 Answers
1419 Consultations
5.0 on 5.0
1.  The unauthorised floors may suffer demolition if the authorities decide about it at a later stage
The builders take the authority for granted and go ahead with their own greedy plans without considering the sufferings of the purchaser as a result of aftermath..
You may consult your own lawyer and take his opinion before planning to buy.



2.  TDR receipts are not guarantee for the proposed constructions which do not appear in the approved plan or have got NOC
The builder is trying to capitalise by showing one approved plan to sell the other project on its basis. 
It shall be your own risk to go ahead with it even after knowing the hidden danger in it.
T Kalaiselvan
Advocate, Vellore
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153 Consultations
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1.  It is not legal.  It is only ay another way of cheating the innocent clients/purchasers by saying or showing some irrelevant or crap things. It is buyer's beware.


2.  When there is an illegal construction how do you think OC cn be issue to the other floors?
Until the floors constructed without plan approval are not demolished the entire building shall be considered illegally constructed violating the rules and without approval of sanctioned plan.
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
5.0 on 5.0

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