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
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.
