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Deviation allowed in Apartment
April 14 2011 , 01:14 AM   #1
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Deviation allowed in Apartment

Hi,

I am planning to buy a flat.. The builder is saying that the apartment is approved by SBI for loan. Since we heard SBI is most stringent, we felt comfortable buying.

But, after going into details, these are the information revealed by the builder himself.

1. Every flat has 25 - 30% deviation from the approved plan. (In our case, it was additional toilet, and utilizing DUCT space as a part of Living Room)
2. Two pent houses will be built which is not approved.
3. No occupancy certificate will be given by the officials.. Only builder will give the occupancy certificate which is enough for Khatta.
4. Deviation is very common in almost every apartment. When something like Sakrama scheme comes, u might need to pay 25,000.

> How much deviation is really allowed? Won't it lead to demolition? Is it just going to be penalty?
> Can we buy it, if all other legal proceedings are fine?
> What are the implications if we don't get occupancy certificate?

Please advice.
January 12 2013 , 07:20 PM   #2
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Did you get any input on this
How much deviaiton is really allowed ?
January 12 2013 , 07:51 PM   #3
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Find answers inline

I am planning to buy a flat.. The builder is saying that the apartment is approved by SBI for loan. Since we heard SBI is most stringent, we felt comfortable buying.

But, after going into details, these are the information revealed by the builder himself.

1. Every flat has 25 - 30% deviation from the approved plan. (In our case, it was additional toilet, and utilizing DUCT space as a part of Living Room)
ANS <<Deviations in room i.e. moving internal walls from location to location is not a deviation, removing/adding toilets is also not a deviation>>

2. Two pent houses will be built which is not approved.
<< This is one of the biggest place of deviation. Builder makes this on free terrace and sell it on cheaper costs. Big builders only rent it out. DRS is famous for this.>>
3. No occupancy certificate will be given by the officials.. Only builder will give the occupancy certificate which is enough for Khatta.

<< True but khatta will not be issued if deviation is there. Bribe may help here>>
4. Deviation is very common in almost every apartment. When something like Sakrama scheme comes, u might need to pay 25,000.
<< It is common for small builders only. fine may be more than 25000. Had it been just 25000, everyone will do deviation even big builders and who will care for approvals then.>>
> How much deviation is really allowed? Won't it lead to demolition? Is it just going to be penalty?

<< it is 5% only >>
> Can we buy it, if all other legal proceedings are fine?

<< Use your own due deligence >>
> What are the implications if we don't get occupancy certificate?
<< Resale will be biggest problem as buyer may not get loan>>
January 12 2013 , 09:02 PM   #4
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Thanks for your reply

Flat I am planning to buy has deviation below deviation
1) As per approved plan, all side should have 5 ft distance, but one side has only 3 ft distance left
2) Staircase is constructed on different side than in plan
In plan Staircase shown on South side, while actually its' constructed on West side
3) How should we calculate the Deviation
4) As per Floor plan, it's written than minimum 2 tree and Common Toilet on Ground Floor (for Security guard and Visitor) should be placed, Is this mandatory to get OC ?
January 14 2013 , 10:20 AM   #5
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Quote:
Originally Posted by sarathod
Thanks for your reply

Flat I am planning to buy has deviation below deviation
1) As per approved plan, all side should have 5 ft distance, but one side has only 3 ft distance left
2) Staircase is constructed on different side than in plan
In plan Staircase shown on South side, while actually its' constructed on West side
3) How should we calculate the Deviation
4) As per Floor plan, it's written than minimum 2 tree and Common Toilet on Ground Floor (for Security guard and Visitor) should be placed, Is this mandatory to get OC ?
Dear Rathod

Deviation is deviation if it is 1% also, if some % of deviation is allowed we cannot use the term deviation, which is allowed is legal. so why cant the authorities approve the plan with some % of violation ?
they will not there in no term in bylaws to authenticate some % deviation, this is only builders and authorities made their own thumb rule to make money.
don't buy these kind of properties and be a part of corruption.
if evey one refuses to buy a property which is deviated then there will be no place for these kind of builders.
and you said SBI has approved the project : this is again the manager may shook hand with the builder or the builder must got approval before it is constructed, later when technical inspection happens builder will pay ome money to the panel engineer and ask him to give proper report
May 24 2013 , 09:38 AM   #6
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I am planning to buy an apartment in Ground floor. As per the approved plan the builder can build only 562sft but he is building 961sft. He is saying 20% goes for common area and only 200sft deviation (which is a car parking as per the approved drawing). That too because he left only 2ft in the back and sides of the apartment. He is also saying as per FSI 2% of deviations allowed hence bank loan approval is not a matter at all. Moreover the cmda approved drawing is just a working plan. There are only 4 flats (G1+F2+S1).

He is extending the size of the apartments in all floors instead of building an extra unit which was the case most of the discussions in this forum.

My lawyer says the only possibility is to mention the built up area in the construction agreement (must not register it). This will provide some legal safety if i plan to re-sell the property. He is also asking me to check with other builders about this.

Any suggestions please.
May 24 2013 , 11:45 AM   #7
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Please be clear that no % deviation is "allowed". What they mean is that a small deviation from plan for technical reasons, say 4 or 5%, is generally tolerated without too much fuss. There is no guarantee that this will be true in all circumstances and with all individuals. So, wherever possible do not enter into contracts where such deviation is not for purely technical reasons.
May 26 2013 , 11:14 AM   #8
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I have heard from builder that any apartment without OC and CC will be given only B khatha by BBMP i.e., mostly deviation within 5%.

pls share
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