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Deviation from Approved Layout Plan

Layout Plan
Layout Plan

Deviation from Approved Layout Plan is major problem in Real Estate sector. Recently one of my client shared Approved Layout Plan of an under-construction property in Mumbai. When i checked the actual layout plan by physically visiting the site, I was shocked. In approved layout plan there was a tar Road on Western side of the approved layout plan. On actual site, Road was on Northern Side of the project. In Short, builder rotated entire project 90 degree right side. Best part was that project was approved by leading Home Loan Providers. The flip side is that this project will never get occupancy certificate and completion certificate because of  approx 30% deviation from approved layout plan.

Permissible Deviation from Approved Layout Plan

When builder seek approval on Project layout plan from govt authorities, at that time project is only on papers. Despite the fact that these layout plans are normally prepared by very reputed architects, There will always be deviation from approved layout plan. Reason being when construction starts, the construction company face some unavoidable technical and architectural difficulties / glitches in execution of approved layout plan. Keeping this in mind, Govt authorities allow deviation of +5% to -5% from approved layout plan. We can term it as an unintentional deviation.

Most of the times, deviation is intentional. Most common example is deviation in FAR (Floor Area Ratio) / FSI (Floor Space Index). FAR is defined as Total Covered Area in the building on all floors divided by Gross Area of the plot. Normally FAR is between 2 to 2.5, which implies that if plot is of 40,000 sqft then builder can construct covered area of 80,000 sqft on this plot. You must be wondering where is the question of deviation from approved layout plan. By applying various tricks like by extending slabs or through temporary structure, final FAR of the project is normally higher compared to approved one. In one of the case i observed that builder received approval for higher FAR after the project is completed under Group Housing Scheme of Govt to accommodate commercial establishments in the project. Another example of “legally allowed” deviation is Pooja Room. Not many people know that Pooja Room is exempted from FAR calculation therefore you might have observed Pooja Room’s as big as study room in few apartments. It helps builder to utilize higher FAR compared to what is approved under layout plan.

Home Loan and Deviation

In my post on 5 Myths about Pre-Approved Project i suggested against availing Home Loan from the Banks / HFC’s which have already pre-approved the project. Fact of the matter is that Home Loan approval does not guarantee that there will not be any deviation from approved layout plan. Please understand that entire risk of any property transactions rests with the buyer / borrower. Buyer cannot claim ignorance in case of any mischief by builder. Home Loan is approved by bank only in good faith to the borrower. For Home Loans linked to Construction linked plan whenever builder raise demand note on completion of particular construction stage, Bank executive has to physically visit the site and verify the same. This visit is normally on paper therefore banks never check progress of the project as per approved layout plan. Surprise element is unfolded when occupancy and completion certificates are denied to the project. Buyer cannot stop Home Loan payment because bank failed to find out deviation from approved layout plant at the time of Home Loan approval / disbursement.

Reputation of Builder

Normally small time builders are notorious for major deviations from approved layout plan. Reputed builders refrain from any deviations except unintentional deviations as i explained in this post. Though reputed builders charge premium but be assured that you are buying a peace of mind. Legally permitted deviations like that of Pooja Room cannot be ruled out even in projects from reputed builders.

Normally builders think that once construction is completed with deviation, At max govt will impose fine and regularize the same. Let me assure you that it was the case earlier but now it is next to impossible to get deviations regularized. Even if govt allow regularization by charging penalty then also its a long process. It is advisable to check the status of already completed projects of builders to check builders reputation. Ideally Builder should be member of CREDAI.

How to check deviation from Approved Layout Plan?

Except for major deviations it is next to impossible for buyer to observe deviations against approved layout plan in the project. It is critical to find out % deviation from approved layout plan. Best solution is to hire an expert i.e. Hire an Architect. Architect will check deviations on physical site against approved layout plan and will share % deviation. As a buyer, you should not buy property with deviations of more than 5% against layout plan.

Implications of Deviation

There can be multiple implications for a buyer. As i mentioned minor deviations can be ignored but major deviations can result in following

(a) Lesser Carpet Area

Carpet area is basically the usable area and is measured from inner faces of the wall. A buyer can calculate carpet area with error margin of 5%-7%. An architect can provide exact carpet area. The difference between super built area and carpet area in % is basically loading factor. At the time of purchase a buyer should check loading factor. Unfortunately Carpet Area is not mentioned in agreement for under construction projects. A buyer can always insist on same. Loading factor of 25% in a complex with all amenities is acceptable. If builder is retaining common area for commercial use which is new emerging trend. In all probability to retain max space in common area, builder will provision less carpet area. Any major change in carpet area may impact resale value due to improper space utilization. Higher loading factor means you are paying more for common area as billing is on Super Built up area.

Normally builders don’t share measurement of flat as per approved layout plan and only share illustration of flat design. Buyer should insist on exact measurements of the flat. Absence of these details give leverage to builders to play around with carpet area keeping super built area & FSI fixed. Secondly it helps to find out whether the shape of rooms / flat is even or odd.

(b) Home Loan

Though 1st buyer may get Home Loan from Banks which have pre-approved the project. Future buyers may find it impossible to avail Home Loan on properties with major deviation. Banks and HFC’s are now very strict in Home Loan approval process. If Home Loan is not available to prospective buyers then it is very difficult for existing owners to dispose the property. Such properties are being sold at heavy discounts.

(c) Completion Certificate and Occupancy Certificate

Like in the case of Campa Cola compound in Mumbai, Sometimes Deviation mean illegal construction i.e. illegal floor or flat. Builder got approval for 5 floors but he constructed 8 floors. Therefore in such cases even if the flat / floor of the buyer is constructed without any deviation but deviation in overall project plan will impact individual buyers. Legally any apartment complex with more than 5% deviation against approved layout plan will not get Occupancy Certificate or Completion Certificate.

If the buyers flat is ready for occupancy then buyer should insist on partial occupancy or partial completion certificate of completed floor even if these certificates are not available for other floors in apartment complex to safeguard interest.

It is always advisable to do thorough study and home work before finalizing real estate deal. Delay of few weeks is worth rather regretting your decision later. Moreover you are committing huge sum to buy your Dream Home.

Copyright © Nitin Bhatia. All Rights Reserved.

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Ismail
Ismail
9 years ago

Hello Nithin,
I am purchasing a new flat in Chennai. It is a G + 2 stilt with 5 kitchens approved. I am buying S2 which is on the second floor and above that it is open terrace. Saleable area of S2 is 897 sq. ft and carpet area is close to 700. When I checked the plan approval for the plot, I found S2 is allowed to have only one bed room and up to 500 sq ft. Remaining space should be a private terrace. Builder has divided the private terrace into two halves and utilized one half to construct two bedrooms by changing the plan. So the current working plan has two bedrooms instead of one, two toilets instead of one, a hall and kitchen + half of the open terrace planned. A lawyer told me some deviations like these are permissible. Please suggest whether I can go ahead or quit.

Regards
Ismail

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  Ismail

From the details shared by you, it seems to be major deviation. Any deviation from approved layout plan is illegal construction. Normally deviation of upto 5% is acceptable. As i have not gone through complete details therefore cannot comment whether you should quit or not.

Ismail
Ismail
9 years ago
Reply to  Nitin Bhatia

Thanks for your advice, Nithin

raam
raam
9 years ago

Dear Nithin,
Thanks and its really helpful information and gives lot of insight for a new worm to real estate. I am planning to buy a flat in Chennai. The construction is complete and LIC HFL and AXIS Bank have approved this project. As the project is ready for possession state, is it fine if I leave it to banks. If I get completion certificate does it mean that there is no deviation/acceptable deviation.

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  raam

You may ask for occupancy certificate…If occupancy certificate is available then you need not to worry much.

Manikandan R
Manikandan R
9 years ago

Hi Nithin,
I have given a token advance for booking a flat in chennai.
The building contains total 6 flats, 3 in 1st floor and 3 in 2nd floor
and the total ground is left for stilt car parking.
In the approved plan there is open terrace area of one 8*4 and one 4*4 in between the flats.
But the builder have divided the open terrace area and extended the kitchen into that space,
because of this there is no open terrace area inbetween the flats.

Can you advise me is this a acceptable deviation.
Shall I continue further processing or quit.

Builder is telling that he will get a loan for me from bank and finish all.
But my worry is if I want to transfer my loan to another bank in futhur what will happen
also what about the problems in reselling this flat after few years.

Nitin Bhatia
Nitin Bhatia
9 years ago
Reply to  Manikandan R

Deviation of up to 5% is acceptable. Only a certified architect can suggest the % deviation in your case.

Kumar
Kumar
8 years ago

Hello Nitin,

Thank you for sharing your knowledge.

I have a question on Completion Certificate, I am in the process of buying an independent newly built house constructed on 30X40 plot ( Stilt + 3 Floor House). I have received approved plan but upon asking the owner is stating completion certificate in not provided for an independent house as it’s provided only for an apartment.

Is this true, if so how would one know or get it validate from authorities (BBMP, Property is in Bangalore).

Thanks!

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Kumar

You can demand occupancy certificate.

Ashutosh Fouzdar
Ashutosh Fouzdar
8 years ago
Reply to  Nitin Bhatia

CC and OC is only issued for 25 or more units as per BBMP building bye laws 2003.

Nitin Bhatia
Nitin Bhatia
8 years ago

You may clarify from BBMP. As per my understanding it depend on height of the building and measurement of plot. A height of more than 9.5 mt require OC and CC.

Siri
Siri
8 years ago

Hello Nithin,

I have a plot of 30×40 in Bangalore. Me and my sister are planning to build 2 duplex. We are reserving the ground Floor for only parking. Then first and second floor the first duplex .The third and fourth floor the second duplex and terrace. Is this acceptable. Is this according to the rules. Will we have any kind of problems afterwards. Will the banks give us the loans for constructing the same. I am a novice so any suggestion from you will be of great help to me.

Thank you

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Siri

You need approval from BBMP or BDA before commencing construction. I suggest you to hire a good architecture who can help in preparing the layout plan and he will also help in approval of BBMP/BDA. You will get loan if plan is approved.

Ashish
Ashish
8 years ago

Hello Nithin,

I’m planning to buy a 2 BHK. Builder has approval for G+10 floor and 150 unit(with 9 and 10 floor pentahouse). But builder constructed 180 unit(with G+10 floor) ; instead of penta house at top two floor, builder has come up with 2 BHK so 30 more(180) flat constructed than approval(150).
Also builder is saying total constructed even with 30 extra unit are same as original approval.

Is this a major deviation? Or Can I go ahead with buying the flat? Please suggest.

thanks

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Ashish

It is major deviation

Ashish
Ashish
8 years ago
Reply to  Nitin Bhatia

Thanks Nitin for your response.
Can I go ahead with booking the unit? Builder is very known and reputed builder in Bangalore. Please suggest.

thanks
Asheesh

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Ashish

As i have not seen the project and checked property documents therefore cannot suggest.

Mrs Alva
Mrs Alva
8 years ago

Hey nithin we are planning to buy a resale property in bangalore… Where in we would be the third owner of the property which is almost 8yrs old. The builder had permission for G+2 but he has constructed one more floor making it as a duplex flat. And itseems all apartments balcony portion is additional and was not according to the initial plan.the apartment doesn’t have an OC. But it is an A khata site. Should we go ahead and buy it? Incase in future if we have to pay the deviation charges how much would it be? How do one calculate it?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Mrs Alva

Without OC, i will not prefer. Also Khata A cannot be issued without OC. Question is how come khata A is available without OC. Betterment charges depend on BBMP i.e. extent of deviation and cannot be calculated.

Ashutosh Fouzdar
Ashutosh Fouzdar
8 years ago
Reply to  Nitin Bhatia

Nitin, User has mentioned that site is ‘A’ khata, not the apartment. For getting ‘A’ khata of apartment OC is required.

Nitin Bhatia
Nitin Bhatia
8 years ago

I already answered that OC and CC requirement depends on height of constriction and area of plot. Any plan approved by BBMP should follow with OC and CC except very few cases.

CS
CS
8 years ago

Hi Nithin, I booked a flat. In corporation approved layout, it shows 8X9 for all 3 bed rooms, but in builder construction plan it is 9X11 for these bedrooms. will this can be taken as deviation? do I continue with my purchase?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  CS

Prima facie there is a deviation of 37.5% which is major deviation. You may clarify from builder.

Jamuna Srisrimal
Jamuna Srisrimal
8 years ago

Hi nitin,

I have seen a house on resale in bangalore,it is 8 year old apartment,construction done during gram panchayat(2007) .the seller says it’s b khata and deviation is around 30% and can be regularised by paying penalty in future by akram sakram scheme.
I know he has constructed a extra room in terrace as duplex and it’s a deviation informed by seller also.It is 400 sqft room on terrace ,which is illegal and done for all 4 houses in top floor as duplex
But when I checked the building plan,
The plan is like each floor having 4 houses of 1bhk of 750 sq ft ,total floor is 2 floor.
But in 2ndfloor the apartment,which I have seen is 1000 sqft and same area is mentioned in sale deed..
Here from the adjoining apartment,he removed 250 sqft extra and converted it as bedroom for another flat.
Now the adjoining apartment is 500sqft(without illegal constructed room on terrace as duplex ) .
So can this deviation will be regularised by akaram sakram scheme??

Nitin Bhatia
Nitin Bhatia
8 years ago

Akrama-Sakrama scheme is applicable only in BBMP areas. Secondly, it is being challenged in court of law. Lastly, it is not guaranteed that you will get relief under the scheme.

Another risk which you will carry is a claim from adjoining apartment. As i understand your area is extended from the share of adjoining apartment therefore as per approved plan, owner of adjoining apartment can claim the same in future.

Tejas
Tejas
8 years ago

Hello,

I am planning to buy a flat in Bangalore.The flat has totally 55 units.Land has A khata but there is a deviation of 13%.Set backs and number of flats per floor is correct but the internal structure like deck area and OTS regions are moved around.Will this create a problem in getting A Khata and OC for individual flat ?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Tejas

As i mentioned in my post that legally if the deviation is more than 5%, then the occupancy certificate is not issued. At the same time, in India everything is possible :). I have seen occupancy certificates for projects with 20% deviation.

Tejas
Tejas
8 years ago
Reply to  Nitin Bhatia

Hello Nitin,

Thanks for the reply.I am planning to buy 4 BHK.But in the approved plan by BBMP I dont see 4 BHK flat.When I check with builder he says some regions we have converted to extra room.But this has only increased FAR but not any other deviations.What is your sugeestion?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Tejas

Increase in FAR from approved value is also deviation. An additional room is major deviation.

Ajay
Ajay
8 years ago

Hi Nitin,

I am planning to buy a flat in Bangalore. The builder has permission for G+3 with 2 flats in each floor. But he has constructed one more floor with 2 flats in it. The site where the building resides has A Khata, and the builder says he can provide A Khata for the flat as well after registration. Should I proceed with the purchase of this flat?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Ajay

I have not seen the documents therefore cannot comment. The deviation seems to be major deviation. A Khata site does not guarantee A Khata Flats. With major deviation, how builder will get A Khata is a mystery.

Ajay
Ajay
8 years ago
Reply to  Nitin Bhatia

Thank you Nitin for the response. If the builder is able to provide me the A Khata, will that guarantee me the OC? As per the builder he will not be providing me the OC. Will that create any problem for me in future, say, resale of this flat.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Ajay

It is other way round. OC is required for Khata A. If builder is ready to provide OC then you may go ahead. Khata A cannot be issued without OC.

Kalam
Kalam
8 years ago

Hi Nithin Sir,

Sir recently we bought a 2 state building. Total are of construction is in 55 Sq yard which contains 3 rooms. But the approved plan is just for 2 rooms which is 35 sq yard. So will there be any problem? If yes what should we do ?
I am from andhra pradesh.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Kalam

In short, one of the room is illegal construction. A local town planning authority can demolish if it comes to their notice.

Sanket Patil
Sanket Patil
8 years ago

Hello Sir, I am buying a house which I presently stay on rent. The Apartment is 8yrs old, in Bangalore. 4 floor apartment.

Sir I have applied for the bank loan from State Bank of Travancore. I have all required Documents, except the approved plan for the building is not with the owner. BDA approved plan is not with the owner. My apartment comes in A khata. I got the Encumbarance certificate for past 35yrs. All required documents are proper.

But the sale deed which owner has in that they have mentioned the VENDOR had applied & obtained a Sacationed plan vide L.P N.O. 134/2006-07, dated 02.03.2007.

Bank.’s Valuator is asking me to provide the BDA/ BBMP approved plan for the apartment. As this building is 8yrs old even the owner of my flat from whom I am buying he too doesn’t have it.

Sir, is there any other way to get the BDA/ BBMP approved plan for my flat , Quoting the Ref no : L.P N.O. 134/2006-07 from BBMP or BDA office in Bangalore . Plz help me on this.

Thanks

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Sanket Patil

The copy of the approved plan should be available with association if it is apartment complex. Else you may get the copy of approved plan from local BDA/BBMP office. Sometime they refuse in that case you can demand through RTI.

Sanket Patil
Sanket Patil
8 years ago
Reply to  Nitin Bhatia

Sir, can you tell me how can I get the approved plan from BBMP/ BDA office??? With ref no. L.P N.O134/2006-07. What is the procedure & how many days it might take..

Thanks.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Sanket Patil

As i suggested you may approach a local BBMP/BDA office and file your request for same. You will get it in max week’s time.

sankar mohan
sankar mohan
8 years ago
Reply to  Nitin Bhatia

Dear Sir, I would like to participate an apartment auction by a Bank. The particular apartment does not have original documents and this particular apartment is not in the approved plan, they have got approval upto 4 floors and this spartment is in the 5th floor, should I buy this apartment , if get a very doscounted price? please help

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  sankar mohan

I will not buy this apartment even if it is available for 90% discount.

Shemna Shafi
Shemna Shafi
8 years ago

Hi Sir, Thanks for such a nice post. As part of my plan to buy an apartment in bangalore, I have recently visited one apartment. They said they have got approval for ground + 3 floors project. In actual construction, ground floor is parking area and first floor they call it ground. And they have 3 floors above it. Along with it, they are deviating in the party hall construction, as they have put it as roof top item. Does these things can be counted as major deviations?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Shemna Shafi

Prima facie, It’s a major deviation.

Prem
Prem
8 years ago

Hi Sir,
I am going to book a flat in Chennai. I could see working plan is not same as the approved plan. It is G+2 building in which the builder built the flat in the way only 2 flats in first floor but as per approval there are 3 flats, builder have combined two houses in to one. Is it an major flaw? And as per approval stairs are positioned in right side but in actual, stairs are positioned in left side, is it a deviation? And also I want to know about common rules for G+2 building.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Prem

As i understand builder built 4 flats and combined 2 into 1 i.e. total 2 flats but in actual 4 flats instead of 3. It is major deviation.

Prem
Prem
8 years ago
Reply to  Nitin Bhatia

No sir, actual plan consists of two 2 bhk and one 1 bhk. Sizes of 2 bhk is 800sqft each and 1 bhk is 450 respectively. Builder has combined one 2 bhk and 1 bhk into one 3bhk measuring 1200 sqft and the other 2 bhk remains as it is. So only two houses available in 1st floor instead of three. Whether this is a deviation? And please confirm about the placement of steps.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Prem

Technically there is no deviation. Only point is how to get electricity connection and pay property tax. There will be two electricity meters. You may face issue in future.

rohu_pune
rohu_pune
8 years ago

Hello Sir,

I have bought ready possession flat from builder. Building has got occupancy certificate which clearly states my flat number. Per advise of my interior I shifted an internal wall (a full height wall between kitchen and living ) which is non load bearing by 2 feet and made living bigger.

Building is still maintained by builder and then he is going to form Condominium of Apartments.

My question is – Did I commit mistake by not taking permission from municipal corporation ?

Can this be regularize ? Can this be considered as deviation ?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  rohu_pune

I don’t foresee any issue. Though you should have taken permission from builder. If now you will approach then he will demand heavy amount. I think, you maintain status quo and keep quiet on this point.

Bhuvana
Bhuvana
8 years ago

Hi Nithin, I have booked a row house in Chennai. But after seeing the document I got to know they got approval for 120 apartments (mentioned dwelling units) g+1 floor. But they mergered 2 apartment to a single duplex row house (1300 sqft buildup area)which they did not get reapproval.. Will it cause any issue in future?

Bhuvana
Bhuvana
8 years ago
Reply to  Bhuvana

Continue to above my info. Actually the entire plan is changed to build 60 row houses instead of apartments. SBI is not approving due to this reason. LIC , PNB, HDFC has approved. Please suggest whether to proceed or not

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Bhuvana

It’s a major deviation and require fresh approval. I concur with SBI and will not buy this property till builder provide the approval of revised layout plan.

Prasanth
Prasanth
8 years ago

Hi Nitin,

I have seen an individual house in HYD. But the area comes under Gram Panchayat. The owner is claiming that, for plot he has applied for LRS (approval not yet received) & construction has been done by taking permission from Gram Panchayat.

1.what is the level of risk in buying such house.
2.Any techniques to mitigate the risk to existing owner and play a safe game.

Thank You!

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Prasanth

1. It is high risk as the approvals are not in place.
2. You can indemnify yourself against any financial risk but it is not 100% risk free option

Praveen
Praveen
8 years ago

Hi Nitin,

I am purchasing a flat in Bangalore which has got A katha constructed 10 years ago. It is a duplex flat. However when I checked, I see that only the lower floor is in the plan, top floor is not mentioned in the plan. Still the flat has BBMP A katha.
Is this OK because BBMP has assessed it and given a proper A katha to the property ?

Thanks..

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Praveen

I don’t foresee any issue as such. Still you can pull out approved plan for your satisfaction. There must be revised approved layout plan. There is another possibility that khata A is obtained through illegal way.

Suresh Menon
Suresh Menon
8 years ago

Recently I purchased a flat at Nashik. My bank advocate found that the approved layout building plan was for a 1 BHK flat while the final construction which was sold to me was for a 2 BHK flat. The builder says that the internal changes are common practice but my advocate says that the builder has to get the revised approval building plan from the authorities. What should I do? Pl do advise. Thanx.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Suresh Menon

I agree with your advocate. The revised plan should be approved. In case of major deviation, the structure can be declared as illegal.

dines
dines
8 years ago

Hi, in chennai i bought a flat in the 2 storey apartment with 6 houses. In the Plan its stated car parking and EB room in the ground floor. Builder constructed the EB room as a 1 BHK. What should I do. Please advise tks

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  dines

It is illegal. You can complain to local development authority. They will demolish the same.

Rajeshwar Rao
Rajeshwar Rao
8 years ago

HI,

I took approved plan for G+2 specifying 2 bhk for each floor(Ground, first and second) in gram panchayat limits with in grater limits of hyderbad, while constructing i decided to construct Ground with 2 bhk and first and second floor as duplex. Will this be major deviation. Should i go for fresh approval.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Rajeshwar Rao

I have not seen the plans but seems to be major deviation of more than 5%. You may apply for fresh approval.

Sushant
Sushant
8 years ago

Hi Nitin Sir,

I purchased a flat in Patna.
Where basic floor plan is approved for G+4 and on every floor have 6 flats but builder construction is flat -7 & 8 too.
So suggest me I will go for flat no 7 or 8.

Regards
Sushant.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Sushant

I will not suggest. It is illegal construction.

raj
raj
8 years ago

hi nitin,

i am purchasing a plot in bhopal, m.p. the T & CP approved layout does not contain plot numbers.its a case of resale. now how to check whether the plot builder (or the subsequent buyer) is selling to me as per his own drawn map (not T&CP approved ) is the correct one. Further i had observed that builder in his map have shown more number of plots in a row in comparison to T&CP approved layout.

Is it a mandatory requirement for T&CP to mention plot number in colony layout.

from where else we can cross check the correctness of builders map

please guide in the matter at the earliest

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  raj

T&CP will not mention the plot no but actual no of plots should be same as approved layout.

raj
raj
8 years ago
Reply to  Nitin Bhatia

then how to cross check the correct location of plot. I heard about demarcation by tahsildar. can you update me on that

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  raj

Pull out govt approved plan and best way to measure is from nearby Govt road or Govt Land.

Kaushal
Kaushal
8 years ago

Hi Nitin,

The information is really helpful. We are a group of buyers from Supertech Eco Village 2 Greater Noida West. The builder is asking for extra 10% of the total property cost at the time of possession. The size of the flat that we booked and as per BBA was 1010 sq.ft. Now the builder says the size has increased to 1106 and are asking for extra amount. Also, the builder has constructed 5 new towers as per increased FRA but has not taken the consent from the buyers. When we confronted the builder, the director says that the BBA in itself is the consent. However, the Allahabad courts clearly says that any change in the FAR should have a written consent from the buyer. The buyers have not given any consent and the builder is lying and saying that BBA is the consent which is unfair and incorrect. Please advise.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Kaushal

The “consent part” depends on the clause in the BBA in this regard. Normally, builders include clause for increase of FAR. At best you can demand revised approved layout plan with all these deviations i.e. 10% increase on SBA and 5 new towers. If the approval from Greater Noida Development Authority is in place then nothing much can be done.

vinayak parvatikar
vinayak parvatikar
8 years ago

Hi Nitin,

I am interested in a property in bangalore which is 10 year old flat. The municipal corporation approved plan says that the flat i am interested in a 2 bhk but actually the flat is 3 bhk. The funny thing is that the flat is “A” khata and the owner is paying property taxes for the 3 bhk plan area and this been updated in the records. Please suggest me whether to proceed ahead or not.

Regards,
Vinayak

Nitin Bhatia
Nitin Bhatia
8 years ago

In bangalore, you may find large no of such cases during large scale corruption. I will not buy such property. Today BBMP is sleeping, tomorrow they may wake up and declare the property illegal.

Nitin Bhatia
Nitin Bhatia
8 years ago

If the flat is part of approved layout plan then you may go ahead.

Manoj Prasad
Manoj Prasad
8 years ago

Hello Sir,
I am interested in buying a flat in chennai. The entire ground floor was intially a single flat.
This was later split into two. I am looking to buy one flat out of these two.
Though the flat has proper documents which says it is 1460 sq ft/ 960 uds. There is no plan for the flat. The only plan availiable is the original one showing the entire ground floor as a single flat.
Is it safe to buy such a flat. The flat is in the ground floor.
Thank you.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Manoj Prasad

I will not buy this flat.

Shehan shah
Shehan shah
7 years ago
Reply to  Nitin Bhatia

Hii Nitin ,
I bought Arihant Aarohi Shill phata Kalyan shill road . When i bought the flat its plan was approved upto 15th floor i bought flat at 10th floor now i see he has finished constructing 18 floors and saying its approved .He is saying he has taken approval then constructed . In my agreement builder has mentioned april 2018 as possession date .But selling his project and saying possesion is in dec 16 . I have made 90 %of payment . 2 installments are due . Is the project illegal as initial approved plan was of 15 floor . Please guide what can i do .

Shehan shah
Shehan shah
7 years ago
Reply to  Shehan shah

Builder has constructed 90% of the work . Tiling work and garden and amenities work under progress . What legal action i can take .where to approach if its illegal or can i check it online .

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Shehan shah

You may approach local development authority, consumer forum or file civil suit if the construction is illegal depending on type of action you would like to initiate.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Shehan shah

You may ask for revised approved layout plan.

Manikandan
Manikandan
8 years ago

Hello sir,

I purchased a flat in Urapakkam, which is close to chennai city. It consists of 150flats. Now builder finding it difficult to allot stilt parking for all owners. So they have decided to build covered parking near OSR and STP area. Is this legal or do we need to raise a concern?

Thank you.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Manikandan

If it is deviation from approved layout plan then it is illegal.

Natesh Sarma
Natesh Sarma
8 years ago

I have purchased a flat in one of the towers in Eco Village 2 developed by Supertech Ltd. I had viewed the approved building plan by Greater Noida Development Authority and then invested/started payments. Now a group of buyers claim that the layout was changed etc. with the tower in which I invested forming part of the additional tower and are raising concerns. When I contacted the builder I was told that the builder has 2/3 rd consent for map change and further all the executed BBA has the consent clause. further the old buyers claim that the space in the tower was alloted to park but when i verified the old approved building plan, it was earmarked to a commercial spacing which has now been shifted to the periphery of the project. Considering that the revised map including the additional towers has been approved by Greater Noida Development Authority and the builder’s claim regarding 2/3rd consent and the BBA clause, do I have cause for concern? What do you think I should do next?

clause in BBA – The allotee has seen and accepted plans, designs, specifications which are tentative and the allottee authorizes that company to effect suitable modifications/alterations in the layout plan/building plan, designs and specifications as the company may deem fit or as directed by the competent authority. in case the concerned authority allows extra FAR as a policy, then the company shall be fully entitled to to use that extra FAR given and shall also be entitled to effect changes in the original drawing/design/plan of the unit/tower/projects accordingly.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Natesh Sarma

You need not worry if the revised plan is approved by Greater Noida Development Authority

Sandra
Sandra
8 years ago

Hi Nitin,
I live in a society without an oc. We have approved plan , commencement certificate , society is registered, we also have share certificate. Now I’m thinking of buying adjoining flat as well. Should I buy or not. I have getting a bank loan as well. Will there be a risk in any form. I live on 1st floor. Can BMC ask me to vacate my house if ever.

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Sandra

At macro level, if the apartment does not have OC, it is illegal. The best example is campa cola society in Mumbai only. I will not buy such property.

Chitra John
Chitra John
8 years ago

Hi nitin. I’m interested in buying a duplex situated on the 4th floor of an apartment, where the first three floors comprise of 1, 2 and 3 bhk flats. Even on the 4th floor there are other flats. Total of
176 units. The builder claims to have an occupation certificate and A khatha. Is there anything more specific that I should look for?

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Chitra John

Mostly duplex on top floors are illegal constructions. You should check approved layout plan. I doubt A khata is for duplex unit. It must be for land of the project. These are some of the common ways to cheat buyers.

nilkamal
nilkamal
8 years ago

Hi Nitin,
Informations are very useful to us. We are looking for a property in North Chennai. Builder has taken the layout approval in the month of Nov 2012. G+2 was the approved layout with 2 flats in First & 2 flats in second floor. But in Second floor the layout approval was for 2 flats (each with 1 BHK) and with some Open terrace space only for second floor. Now he has constructed each flat in second floor with 2BHK by occupying open terrace space for one of the flats. The parent documents and related transactions, loan approval for other floored flats including one flat in second floor were perfectly completed. We seek you valuable advise on whether we can proceed further with this or how it is? if we buy this will this confusion impact my future buyer of this flat?
regards,
Nilkamal

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  nilkamal

I will not buy this property.

Priya
Priya
8 years ago

Hello Nitin,

Thank you for such an informative article. I am planning to buy a ready to move in flat in Bangalore. The Builder is not providing OC as they deviated from approved plan of G+3 and constructed G+4.
My flat is in 2nd floor. SBI is providing loan on this project. I checked and found that this builder has done the same thing to rest of his other 4-5 projects that is constructed extra floor and as a result no OC.
Could you please advice if I should go ahead with the flat or not. If yes then what all other things I should need to check.

Thank you in advance.

Priya C

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  Priya

I will not buy in this project. In future, you will face problems.

ashish_sa
ashish_sa
8 years ago

Hi Nitin,

I recently got possession of my 3bhk apartment in pune and have started interior work. I have decent size windows in all the rooms from knee-length upto approx 6-7 feet in height. Since there was an elevation outside these windows, i moved 5 of these outside upto 1.5 feet to make seating space on these windows. Similar extension was carried out with balcony door in the living room to add 1.5 feet space in the living room. I got possession letter but completion certificate is still in-progress which is expected in another 6-8 mnths. My query is; will i have any legal issues for extending these windows outside? Did not ask builder before doing such changes but now he says I shouldn’t have done such changes before the completion certificate to which i said am ready to pay nominal penalty if required. Want your advice what will be legal repercussions in such scenario and what should be the solution i should look for?

Regards,
Ashish

Nitin Bhatia
Nitin Bhatia
8 years ago
Reply to  ashish_sa

I concur with builder. You should reverse these changes..In case of any deviation, completion certificate can be denied.

MM
MM
8 years ago

Hi Nitin,

I live in a large gated community in Hyderabad and we are not allowed to make any changes to the house which changes the elevations. We can make changes only internally if we want. But once occupied, the owners made too many changes and they look totally different from the original plans and elevations. Original builder changed and the new builder became a mute spectator. Once they sent notices that the houses will be demolished by HMDA and that’s it. How do I make a complaint and get HMDA take action on these deviations? Please help!

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  MM

You may pull out approved layout plan and then complain to HMDA.

trshah83
trshah83
8 years ago

Hi Nitin,

Thanks for informative article. I am planning to buy property in Bangalore which is new constructed and read to occupy. By looking into approved plan versus actual construction, i see that balconies are not approved but still constructed. which is around 100 sqft (or 7.6 %) extra.
Builder promises OC for this but yet to get it. Is it advisable to go ahead with this?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  trshah83

You may wait till OC is issued.

Shehan shah
Shehan shah
7 years ago

Hii Nitin ,
I bought Arihant Aarohi Shill phata Kalyan shill road . When i bought the flat its plan was approved upto 15th floor i bought flat at 10th floor now i see he has finished constructing 18 floors and saying its approved .He is saying he has taken approval then constructed . In my agreement builder has mentioned april 2018 as possession date .But selling his project and saying possesion is in dec 16 . I have made 90 %of payment . 2 installments are due . Is the project illegal as initial approved plan was of 15 floor . Please guide what can i do . Builder constructed 90% of the property .please suggest

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Shehan shah

You may ask the builder to provide revised approved layout plan with an approval for 18 floors. As i mentioned in my other posts also that the builders delay the project once it is 90% complete because by this time they get 90% to 95% payment.

Mahesh
Mahesh
7 years ago

Hi
I am Mahesh. I have booked a 3 BHK apartment in chennai of 1201 sq feet. The problem is the blue print doesn’t show the 3rd bedroom n the builder is saying it’s just a deviation. And saying there will be no problem. Please suggest. Deviated area will be more than 300 sq feet.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Mahesh

Its a major deviation. I will not buy in this project.

Kumar
Kumar
7 years ago

Hi Nitin,

I planning to buy a 2BHK flat(1st floor) in chennai and I see that the builder has extended the square feet for bedroom by removing one of the walls under the beam and constructed a new one pushing the dinning room(room adjacent to bed room) to have a bigger bedroom.

Please suggest if I can go with this property and will there be any problem while selling this?

Thanks,
Kumar

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Kumar

You need to check % deviation then we will decide.

Aswin
Aswin
7 years ago
Reply to  Nitin Bhatia

Thanks for your reply, can you please let me know how to determine the % deviation.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Aswin

An architect can help you.

Savio Fernandes
Savio Fernandes
7 years ago

Hi Nitin,

I have purchased a 3BHK apartment in Hyderabad. The builder had shared 2D and 3D floor plans of our apartment, however after physically checking the site we noticed that our master bedroom layout for one wall is different from the floor plans that they had shared. It went un-noticed and now we have almost made all payments and approaching registration in a few days. Please advice what needs to be done? How should we approach the builder and tell him that since the mistake was done from their end that cannot be rectified as it is a structural difference, to now help us to bear that change by doing internal adjustment with another wall.

Regards
S.F

Nitin Bhatia
Nitin Bhatia
7 years ago

It is not clear whether your concern is that the deviation may cause legal issue in future or you are more concerned about the architecture of the house and deviation is not looking good.

Savio Fernandes
Savio Fernandes
7 years ago
Reply to  Nitin Bhatia

Hi Nitin,

The point I was trying to make was not regarding the legal aspects, the concern was more towards the floor plan that was shared with us from the beginning and the structural/elevation changes (for instance our master bed room windows wall was supposed to be in the corner but now deviated and in the center) thus altering the plan and thus the positioning of the master bed and electrical points which were left in the same place and not adjusted to the new elevation changes. We would like to know how can we approach this with the builder and explain him that though elevation cannot be modified now but they should help us with adjusting the deviations they have made with the overall electric layout as per norms. Can we ask more than that?? PLEASE SUGGEST.

Nitin Bhatia
Nitin Bhatia
7 years ago

Normally deviation of up to 5% to 8% is acceptable but it seems there is major deviation. You may request builder to modify as the original floor plan shared by him. Wait for his response on same before deciding next steps.

Ramesh
Ramesh
7 years ago

We have CC but do not have OC so is it a problem to sell, building is in Mumbai & construction year is 1978 with G+2. We also have santioned plan

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Ramesh

In my opinion, OC is required. OC certify that the property has followed all the building standards and local laws. Most importantly, it is safe to occupy.

girish
girish
7 years ago

Hi Nitin,
I am planning to buy a 2 bhk property in pune, i have finalized one property but problem is that buyer had split his duplex into 2 2 bhk flats and one of it he is trying to sell..he has shown me the revised layout of the property .will it be enough ?

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  girish

He need to sign a partition deed and may need approval from PMC on revised layout plan.

Tapas
Tapas
7 years ago

Hi,

This is Tapas,

I am planning to buy a 3bhk in Pune. Let me tell you what is the issue, As per the approved plan there is suppose to be a 2 bhk of 1200 sqft, But builder made that 2 bhk to 3 bhk by taking another 150 sqft from the beside 3bhk as the other 3bhk is quite big.

But this change is not there in the approved plan.

Can you please give your suggestion what should I do?
Is it good to buy any other 2bhk from the same apartment.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Tapas

I will not buy this property as there is major deviation from approved plan. I have explained it in detail in my post.

Balaji
Balaji
7 years ago

Hi Sir,
I am planning to buy a 2BHK flat in Electronic city Phase 2, Bangalore. I asked builder for whether they provide OC and CC. He said he can not provide OC as there is some slight (8%) deviation, but he can get the Katha transfer done. He says OC is not important and only Katha transfer is matters. But after reading your article, I want to confirm if I can go with this property. That project is approved by BMRDA. And this project has SBI loan facility. Please advice what I should do now? Thank you.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Balaji

I will not buy in this property.

Saroj Singh
Saroj Singh
7 years ago

Hello Sir,

I am in discussion with a Builder in Electronic city- Bangalore for a 2BHK flat. As per the builder there is 10.5% of deviation in the project and it is due to the balcony built for the Ground floor flats. The project has 140 apartments, G+3 Floors.

Builder also says upfront that ,they have negotiated the bribe amount from BBMP to get the OC, which is INR 75 Lakhs. Also per flat the amount which would be charged is INR 40-45k.

The occupancy is around 110 out of 140 apartments as of now and everyone has agreed to pay the same amount- as per the builder. They are sure that after paying the bribe they will get the OC.

I would need your advice on the same whether should i proceed with the project or not?

Please advise me on the same.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Saroj Singh

Personally i will not buy in this project.

Arpita Gurav Chavan
Arpita Gurav Chavan
7 years ago

Hi Sir, We have bought a villa in Bangalore where the builder had decided on a STP location in south EAST of the project but now is moving to north west of the project.Is this considered a deviation. The plan he subiteed to us has it in south east. will we receive occupancy and completion certificate? Do we have any legal rights to oppose this?

Nitin Bhatia
Nitin Bhatia
7 years ago

It is deviation. If the deviation is more than 5% then you might not get OC. You may request builder to get the revised plan approved from BBMP before initiating any construction activity.

kavery chakraborty
kavery chakraborty
7 years ago

Hello Sir,
I am about to buy a 2bhk flat of superbuilt area 920sq ft and built-in area of 667sq ft on the fifth floor. He has provided me a sanctioned copy of the building, which states that he should construct 3 flats of 3bhk each in each floors. However he has constructed 4 flats in the fifth floor – two 3bhk flats, one 2bhk flat (which I am supposed to buy) and a single 1bhk. I checked the sanctioned plan and I seems he has divided a 3 bhk into 2 flats. Is it advisable to take the flat ?
Should I ask for the completion certification of the apartment ? All other flats in the apartment are occupied since last year.

Nitin Bhatia
Nitin Bhatia
7 years ago

I will not buy this flat.

srinivasa venkatesh
srinivasa venkatesh
7 years ago

Bought apartment in Chennai . But OTS is located in side of my main grill gate . while buying we didn’t get any info from builder .Later after one year telling OTS area as common area for all . whom should I contact to resolve my problem

Nitin Bhatia
Nitin Bhatia
7 years ago

Sorry i could not understand what is meant by OTS. Are you referring to open terrace space.

Pradeep
Pradeep
7 years ago

Dear Mr. Nitin,
I am booking an under construction flat with a reputed builder in Navi Mumbai. The tower is for G+31 and has received CIDCO CC and all other clearances as well as approved plans. We will be doing registration soon. However, the builder plans to add 13 more floors after getting CC for the same (for 13 more floors). My question is, if the property is registered on my name with showing G+31 floors, can we amend the property documents (Deed Of Conveyance etc) later to G+44.
Builder says, since he will be building the additional floors with an approved plan and proper CC and all permissions, that can be easily done thru the ‘Rectification Deed’. Please let me know 1. is it possible, 2. Is it a big cost for doing that (for example paying Stamp Duty again)?
Thanks in advance for your answer and giving me peace of mind.

Nitin Bhatia
Nitin Bhatia
7 years ago
Reply to  Pradeep

It depends whether builder retained roof rights in your agreement with him or not. It seems answer is NO. If NO then you are not obliged to sign rectification deed and demand compensation from builder to provide your consent for additional 13 floors. The reason being, addition of more floors will devalue your property and put more strain on society resources.

All the charges to execute rectification deed will be borne by the builder and besides that he should compensate existing owners seeking permission for extension.

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