Many buyers of flats face problems due to mistakes committed by the builder. Recently, a friend wanted to buy a flat in North Bangalore in an apartment nearing completion. He produced a
brochure given by the builder. The brochure contained elevation of the apartment building with basement, ground and four floors. It is mentioned in
the brochure that BBMP sanctioned the plan.. But, when enquiries were made with
BBMP, it was found that BBMP sanctioned basement, ground and two floors only.
It was also found out that the site is facing a road only 15’ wide and
additional floors requested by the builder is not being considered by BBMP.
Several persons might have advanced considerable amounts to buy the flats. The builders may continue to build additional floors as enforcement by BBM is not good or in collusion with BBMP officials of that area. If any complaint is made
about unauthorized construction of floors, builder will obtain stay orders from
the Court and forget about the action by the BBMP. Such things are common in
Bangalore especially if the builder is not a reputed firm. The builder may feel
to get the violation of additional floor/floors regularized under
“Akrama-Sakrama Scheme “, when introduced.
The BBMP Revenue
Department may collect property tax for that illegal built up area saying that
property tax payment is not a commitment to regularize the unauthorized
additional area.
Buyers of such flats will
have to face problems in the future. BBMP may claim betterment / development charges from buildings which were in panchayat limits before they are included
in the BBMP area. By then, the builder will not be available after selling all
the flats in that apartment project. Even if available, he may not be willing
to pay the betterment charges/development charges claimed by BBMP, which is a
substantial amount. The owners may have to form an Association of Owners and
collect contribution from the flat owners to pay betterment/development charges
to the BBMP. Many of the owners may not be willing to pay contribution for
betterment/development charges saying that they have paid market value to the
builder and may suggest that the builder may be forced legally to pay
betterment charges to BBMP. The builders escape such expenditure later by
including a condition in the sale deed that for all future payments to the
agencies, builder is not responsible and should be borne by the buyer/buyers.
The problem will continue and sewerage connections will not be provided. They
may manage water supply from the bore well. But, BBMP services like; garbage
removal, road maintenance, street lighting, etc will not be available.
There is one more problem
to the buyers of flats in that apartment in respect of ‘Undivided Share of the Property’. In the beginning of the project, the
undivided share is distributed to the sanctioned flats. The buyers of flats in
the unauthorized floors later may not get undivided share for their flats, or the builder may cheat by calculating undivided share later on
including the illegal flats. This problem will have to be faced many years
after the construction of the building when it is decided to demolish the
existing building to build a new modern building, or when the building collapses during earth
tremors or earth quakes. When a new building is to be constructed in such a situation, the area to
be given to each of the flat owners in the new building based on the
undivided share indicated by the builder
will lead to disputes among the owners. Builder will not be available at that time or will not be willing to involve in this problem even if he continues tobe in the building activity.
Advice to the flat buyers
is to verify the building plan sanctioned by BBM P or
Appropriate Town Planning Authority and
other points mentioned above to see that they do not have problems about the building in the future.
Great Blog post Sanjay Asrani
ReplyDelete