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Arun Kumar (Manaer)     22 July 2018

Regularisation of deviation in apartment

Dear Experts, In my apartment where I have purchased a flat, 32 flats have been approved as per sanction plan but actual constructed number is 45. Due to this, we haven�t been given OC or Khata yet. And when we all followed up with the builder, he has come out with a vague answer stating that TDR rules have changed and hence due to no clarity, BBMP is not able to pursue the approval of revised plan or OC. While I believe, TDR doesn�t apply for apartment complexes that have built with deviation, I request you experts to throw some light on the same and suggest actions that our association can take, to get out of this situation. Also please share your contacts if you are able to provide consultation on the same. Thanks in advance, Arun, Bangalore.


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Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 July 2018

Transfer of Development Rights (TDR)  is vital tool for builders because it allows them construction rights over and above the normal construction (F.S.I) this is currently permitted when they construct or develop buildings. TDR is generated when the developer/owner surrenders land to the govt. and agrees to rehouse slum dwellers or project - affected persons free of cost. In turn, a TDR certificate is issued that gives him additional construction rights.Till now TDR was to be used only in the suburbs but only to the north of the plot he has surrendered. 


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