Allowable deviation in flat construction in bangalore

Hemanth hegde (Querist) 03 March 2020 This query is : Resolved
Hello sir
iam planning to buy a flat in bangalore., the Builder has taken permission for 27 flats in BBMP Approved plan and constructed 28 flats ., 6 flats in ground floor ., he has constructed 7 flats in gr floor., whether the deviation is allowed.

Regards
Hemanth hegde

Follow Query

Report Abuse

Quick Summary

A prospective flat buyer in Bangalore is concerned about a builder constructing 28 flats when only 27 were approved, with an extra flat on the ground floor. Experts advise that this is an illegal deviation from the sanctioned plan. While some courts may allow regularization with fines, it's strongly recommended to avoid purchasing until the deviation is resolved and an occupancy certificate is obtained. Consulting a local lawyer for a legal opinion is crucial before making such a significant investment.

SHIRISH PAWAR, 7738990900 (Expert) 03 March 2020
Dear querist,

Builder has to construct as per sanction plan from planning department. If he has constructed 7 flats instead of 6 flats on the ground floor means the building has illegal construction.

Regards,

Raj Kumar Makkad (Expert) 03 March 2020
The builder legally cannot deviate from the sanctioned plan, In the given facts, it shall be good on the part of the allottees to make written complaint with RERA.

KISHAN DUTT KALASKAR (Expert) 05 March 2020
Dear Sir,
Now, the High Court allowed for measuring the properties and to find out deviations if any if such deviations are found some fine will be imposed and it will be regularized with that risk you may purchase the property.

Dr J C Vashista (Expert) 11 March 2020
Can you prove "deviation" from sanctioned plan ? If so, why are you keen to buy flat from such builder ?
Consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

Rajendra K Goyal (Expert) 16 March 2020
As heavy payment is indulged, avoid to purchase till the deviation is regularised / completion and occupation certificate is received.

T. Kalaiselvan, Advocate (Expert) 21 March 2020
It is always advisable to obtrain a proper legal opinion from an experienced lawyer ion the local before venturing into purchase of immovable property which involves huge investment.
The additional flat constructed in the ground floor is certainly a deviation and impermissible in law, the authorities may demolish the same on being notified about it.
Therefore without delaying the issue any further you may obtain a legal opinion on not only this issue but also towards all other issues which may have went out of your notice.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries