Vaishnavi (ITA) 10 November 2009

Flats deviated from FSI index in paata approval

Hi,

I am looking for buying a flat and got the documents for verification. When my lawyer verified the documents he said that the building is actually deviating from the patta approval. The FSI value as per patta approval is 1.33. For the flat we are iterested in the builder is giving us a UDS of 606 sq.ft. So our lawyer says the max plint area of our apartment should be 606 * 1.33 = 805 sq.ft. but builder is offereing 971 sq.ft.

When i asked the builder abt this deviation he said they are supposed to leave 5 ft in the sides and construct the building in remaining area., but they have left only 2 ft that is the reason they are able to offer more plint area.

Two flat in that apartment has been already sold out (he showed me the registaration copy also) and banks have also verified the documents and sanctioned loan for them.

Is it safe to proceed with this deal.

(When we enquired few more builders and looked at their document we found almost everyone is deviating from the patta approval plan).

Please help me out.

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3 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 10 November 2009

Dear Vaishanavi

It is common that every builder constructs the apartment complex with some deviations. However, we have to verify with number of units allotted in each floor of such apartment complex and the deviation of construction shall not be more than 15% of constructed area accorded in the permission issued by the municipal Authorities.

S.A.NARASIMHA RAO KARRI

ADVOCATE

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Vaishnavi (ITA) 10 November 2009

Dear Sir,

Thanks a lot for ur reply. The total land area is 2 grounds, and two blocks are getting constructed in that. Block A has a Slit parking, Gound floor 2 houses and in first floor 2 houses are getting constructed.

Block A is constructed in 2300 sq.ft, and the approval for construction space is as below.

Slit floor - 1600 sq ft

Ground floor - 1657 sq ft

First floor - 1657 sq ft.

The specification of houses in Block A is as below

Flat name Plint area Common area Total area UDS

G1 955 143 1098 597.486

G2 908 136 1044 571.634

F1 919 138 1057 577.858

F2 971 146 1117 606.583

We are interested in getting F2.

Could you pls help me out to check whether it is still under 15% deviation?

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com ) 12 November 2009

Dear Vaishnavi,

With regard to your doubt, please take the copy of the approval issued by the competent authority of your area with regard to your flat area.

1. please see the number of flats allocated in each floor especially in which you are interested. there u can see whether only one flat or two or three flats were permitted to construct.

2. To calculate the 15% deviation, it is required to verify the approved plan, in which the floor wise measurement will be given. with that you have to compare with actual constructed area to identify the exact percentage of deviation.

3. Further it is better you can approach an advocate for title verification before you proceed for purchasing it.

S.A.NARASIMHA RAO KARRI

ADVOCATE