Hi,
I am planning to purchase a 300 sq. yard plot in a gated community plotting venture by a private real estate firm in Rajendranagar, Budvel, Hyderabad. As per government regulations (HMDA) for plot size of 300 sq yards in this area, I am permitted to build upto 3 floors (G+3) and as many dwelling units as possible (e.g. 3 independent homes in each floor). However, the company (in this case a private real estate developer) is asking buyers to sign the following clauses as part of the agreement and declaration form -
a) Maximum height of building in this project will be restricted to 10 metres (G+2) even if it is permissible under law to build higher.
b) No subdivision of plots is permissible
c) Number of dwelling units will be restricted to 1
These clauses are not backed by a law/jurisdiction by any government body/authority. However, these might/will feature in the formal agreement with the developer.
I intend to purchase this plot and construct 3 floors with a 4 Bed Room Home per floor (3 dwelling units). This will violate the 10 mts. restriction and dwelling units restriction stated by the builder.
Can you advise if the clauses imposed by the real estate developer in the formal agreement are valid under the rule of law? What repercussions will I face if I violate these restrictions?
Attaching the clauses in the declaration letter.
