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Ashok I   30 October 2024

Bbmp sanction plan validity

Dear Sirs

Owner of Land Mr S went into JDA with Builder M/s X and got approved sanction plan from BBMP for construction of apartments, to be built by builder M/s X. The sanction plan was granted on 2015 for construction of BF+GF+FF+SF+TF+Terrace and valid till 2017 in the name of the Land Owner Mr S. Builder M/s X failed to complete construction (managed to build only 1st floor), went bankrupt and cancelled JDA in 2019. Then in 2021, Owner entered into New JDA with Builder M/s Y Pvt Ltd who completed construction. The construction was completed in according to the earlier sanction plan of 2015. The owner did not take a new sanction plan as the earlier one already expired in 2017.The flats were sold by both owner and builder according to their agreed shares. 

Is the owner required to take a new sanction plan, even if he is not doing any alteration to the design, floor plan etc. Can a new buyer purchase a flat in the apartment. What is the risk position of the new buyer and other people who have bought flat in that apartment? Can the BBMP or High court demolish such an apartment? Is the apartment building legally valid? What solutions can be provided here ? /kindly advise.

 



Learning

 3 Replies

P. Venu (Advocate)     30 October 2024

Has the builder obtained Occupation/Completion Certifcate?

Ashok I   30 October 2024

No OC Or CC obtained by builder. 

T. Kalaiselvan, Advocate (Advocate)     30 October 2024

a builder cannot complete construction without obtaining a fresh sanction or approval from the competent authority if the original construction approved plan has expired.

Construction can continue for up to five years after the plan expires if the builder obtains prior permission from the BBMP. The builder must also ensure that at least 75% of the permitted floor area is completed before the five years are up.

The builder cannot materially or structurally deviate from the sanctioned plan without the BBMP's approval.

The BBMP can issue notices to builders or owners who violate the approved plan. The notice will inform them of the deviations and ask them to remove them.

The BBMP can demolish illegal buildings

The authorities may not furnish OC or CC to the builder, which will hamper the home loan for the buyers and also other basic amenities namely electricity conection and water supply connection etc., 

The High Court has laid down elaborate steps to be adopted by the BBMP to prevent the construction of buildings either without an approved plan.


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