• Deviation in building

Hi planning to buy a resale row house in chennai.
In a cmda approved layout, building is constructed in (roadside)40*50 land 
Land portion is divided into A and B
(In 2000sq ft land 50% uds for A and 50% for B)
As per the cmda approved building plan each villa with ground and first floor 
for both A and B combined 2100Sq ft
That is 1050 sq ft each
But construction made 1450sq ft each
When I enquire about this to the seller he says that in city more than 90% property has deviation. But as per the fsi rule it has not crossed more than 1.5 times of land area.

What are the problems I may face if I buy this property.
If any problem from cmda I will be penalised or they will demolish the property?
Asked 29 days ago in Civil Law from Chennai, Tamil Nadu
1) has row house received occupation certifcate  from CDMA? 

2) 800 square feet additional construction can  be demoilished by CDMA 

3) if no OC received dont purchase the row house 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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Well, consult with the CMDA officials about this deviation to know the future complications.
it is true there is deviation all round as in future if any notice is received the deviation is regularised on payment of penalty.
So to know the future of this deviation it is better to consult with the Building Commissioner of the Municipality.
I can not advise tp buy a property whose constructions is not made strictly in terms of sanctioned building plan.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. The seller has placed illogic before you. Even if more than 90% property at your place has deviation, it does not give him any right to deviate legally.

2. There is a huge deviation from the sanctioned area for which the said house can be considered as illegally constructed and liable to be demolished.

3. It id not possible to foretell whether the said house will be demolished or not but it can be safely confirmed that it is liable to be demolished.

4. You shall have to decide whether you shall buy this property or not after making cost benefit analysis.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1) since construction has been carried on as per sanctioned plans you should not purchase the row house 
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
1. There has been an extra construction of 400 sq.ft than what was sanctioned.

2. Moreover, there are other deviations also which makes the said house as liable to be demolished legally by he authority.

3. It is also a fact that normally such demolition hardly takes place.

4. Your query in your first post was "If any problem from cmda I will be penalised or they will demolish the property?". The answer is you will be liable to be penalised and/or they may demolish your illegally constructed house but no body can predict what CMDA will do at appropriate time.

Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
What are the problems I may face if I buy this property.
If any problem from cmda I will be penalised or they will demolish the property?

If there is a deviation beyond the level of acceptance then the authorities may issue notice and may even demolish the excess portion constructed deviating the approved plan.
You may consult a lawyer and get his opinion before venturing into the desired purchase.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
Today measured and chked for deviation with the licensed surveyor
Only on the side instead of 5 feet only 3 feet space is left
Front And back side 5 feet gap is left as per plan 
In the first floor open balcony projection and head room in the terrace are not mentioned in the plan

If the deviation is within the permitted level what is your worry?
You may proceed with an assurance from the builder to take care of the issues that may crop up in the near future.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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 Unless the deviation has been regularized it becomes a major bottleneck as the property to the extent of deviation can be demolished. The seller cannot pass a title better than his own title. So refrain from buying the property if you do not want to be entangled in legal battles. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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