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Anoop Ramachandran (Sr Systems Engineer)     08 March 2014

Approval for 3rd floor

Probably this was something asked by many but just wanted to make sure that i get some right opinion on the issue i am facing,

I am thinking about buying an apartment in Vidyaranyapura,. I have given all the property related documents to my lawyer for verification. He got back to me today saying that as per BBMP sanctioned plan what the builder has, only Ground + 2 floors approved. The property has parking space at the ground level and three floors above it + a pent house. I was planning to buy a 2BHK house in 3rd floor but as i understand it is not approved because BBMP has given approval only for G+2 floors.

When i checked with builder he says that 1st floor is actually considered as ground floor and my apartment would be on the 2nd floor that way. 

I could really use some advice here, is it correct what builder says? 



 3 Replies

Advocate Ravinder (Advocate/Attorney)     09 March 2014

As per my expectation, the builder is wrong.  The third floor and pent house are not sanctioned.  You will be at risk if you purchase the same.  The only remedy is that your builder has to regularise the third floor and pent house by paying penalty to the Municipal authorities.  Then you can purchase, not before that.

Anoop Ramachandran (Sr Systems Engineer)     10 March 2014

Thank you for your response Ravinder.

T. Kalaiselvan, Advocate (Advocate)     10 March 2014

Mr. Ravinder is right in his opinion. The third floor seems to have been constructed without an approval or sanction hence it is liable to be demolished by the authorities on coming to know about the violations  at a later stage, therefore it will be a risk to purchase the said property.  Your lawyer was right is saying that the building has a sanctioned approval for g+2 floors, go by his  opinion.


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