Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
Many consumers of flats face issues because of mistakes committed by the builder. Recently, a fan needed to shop for a flat in North city in a living accommodations nearing completion. He made a leaflet given by the builder. The leaflet contained elevation of the house with basement, ground and 4 floors. It’s mentioned within the leaflet that BBMP sanctioned the arrange. But, once enquiries were created with BBMP, it had been found that BBMP sanctioned basement, ground and 2 floors solely.
It was conjointly got wind that the positioning is facing a road only 15 wide and extra floors requested by the builder isn't being thought-about by BBMP. Many persons may need advanced goodly amounts to shop for the flats. The builders might still build further floors as social control by BBMP isn't sensible or in collusion with BBMP officers of that space. If any grievance is formed concerning unauthorized construction of floors, builder can get keep orders from the Court and ditch the action by the BBMP. Such things are common in city particularly if the builder isn't a supposed firm. The builder might feel to urge the violation of further floor /floors regular below “Akrama- Sakrama theme “, once introduced.
The BBMP Revenue Department might collect land tax for that illegitimate engineered up space saying that land tax payment isn't a commitment to regularize the unauthorized further space.
Buyers of such flats can need to face issues within the future. BBMP might claim betterment /development charges from buildings that were in panchayet limits before they're enclosed within the BBMP space. By then, the builder won't be on the market when merchandising all the flats therein living accommodations project. Even though on the market, he might not be willing to pay the betterment charges/development charges claimed by BBMP that could be a substantial quantity. The house owners might need to kind associate Association of householders and collect contribution from the flat owners to pay betterment/development charges to the BBMP.
Many of the homeowners might not be willing to pay contribution for betterment/development charges locution that they need paid market worth to the builder and should recommend that the builder is also forced de jure to pay betterment charges to BBMP. The builders escape such expenditure later by together with a condition within the sale deed that for all future payments to the agencies, builder isn't accountable and may be borne by the buyer/buyers. The problem can continue and sewerage connections won't be provided. They will manage water system from the bore well. But, BBMP services like; garbage removal, road maintenance, street lighting, etc won't be on the market.
There is another downside to the consumers of flats therein living accommodations in respect of ‘Undivided Share of the Property’. Within the starting of the project, the undivided share is distributed to the sanctioned flats. The consumers of flats within the unauthorized floors later might not get undivided share for his or her flats, or the builder might cheat by conniving undivided share in a while together with the illegitimate flats. This downside can need to be faced a few years when the development of the building once it's set to demolish the prevailing building to create a brand new trendy building, or once the building collapses throughout earth tremors or earth quakes. Once a brand new building is to be made in such a state of affairs, the realm to incline to every of the flat house owners within the new building supported the undivided share indicated by the builder can result in disputes among the owners. Builder won't be on the market at that point or won't be willing to involve during this downside even though he continues to be within the building activity.
Advice to the flat consumers is to verify the building arrange sanctioned by BBMP or applicable city planning Authority and alternative points mentioned on top of to envision that they are doing not have issues concerning the building within the future.