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Are There Any Risks Involved In Case of Flat Deviation by Builder?
March 20 2012 , 09:54 PM   #1
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Are There Any Risks Involved In Case of Flat Deviation by Builder?

We are planning to buy a flat.

The builder has built a total of 10 flats in two separate blocks: Block A (contains 4 flats) and Block B (contains 6 flats) in a land comprising of total 5508 sq ft.

Block B has 3 flats in first floor and 3 in second floor. Block A has 2 flats in ground floor and 2 flats in first floor.

The entire ground floor open area in Block B is allotted as a common parking space for both block A and block B users.

The flat that we have chosen lies in Block A first floor. The approved plan for Block A shows 6 flats (3 flats in ground and first floor), but the builder has built only 4 flats (2 flats in ground and first floor).

The builder says this is an acceptable deviation only and no risks involved. Also, says this deviation cannot be revised as the construction has been fully completed.

We have not signed any agreements yet with the builder and only booking has been completed.

Pls. advise me whether this is an acceptable deviation and let us know the risks involved (if any).

Also, let us know whether any other documents/clauses to be included in the agreement.

Thank you.
March 21 2012 , 02:17 PM   #2
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You will have challenge in getting bank loan if they plan doesn't match with actual construction. This is 100% true for nationalized banks. Other banks may consider. I would suggest don't got for it. Simply because, later if you want to sell, you will run into similar issues. One can understand a deviation on the setbacks and some minor deviation in common areas. This one seems to be a big violation.
March 21 2012 , 09:39 PM   #3
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Thanks for your reply.

We checked with the builder on this. The builder insists that it is just a deviation (not a violation) as he has built only 4 flats (instead of 6). Also, says he has proportionally shared all the UDS to 4 flats and also got the property tax with correct flat details.

Also, assures that he will mention the actual flat details in the construction agreement. When asked about re-sale issues, he says this wont be a problem, since we have the property tax with correct flat details.

Please guide me. Your suggestion is highly appreciated.
March 22 2012 , 12:57 PM   #4
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Well. Deviation is a deviation and banks treat it that way. I bought a second sale flat and SBI rejected the loan since there is a minor deviation between the approved plan and actual (FSI was deviated 1.28 approved Vs 1.32). Finally had to arrange the funds thru other sources. Property tax receipt alone will not do any good. It will not reflect any deviation in the entire building. Banks do want to match the plan and actuals.
In my case, the flat was under homeloan and hence confidently signed the sale agreement. However the loan was taken about 11 years back and during those days banks were not that strict. Lesson learned.
If I were you, I will look for another property.
March 22 2012 , 01:04 PM   #5
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Alternatively, can we ask the builder to get the plans re-approved by CMDA since he had claimed that it is not a violation but deviation as you had mentioned.
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March 23 2012 , 07:37 AM   #6
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Thanks Garuda and Kaishu for your valuable inputs.

Sorry to bother again. We have already paid a token amount of 1 Lakh for booking.

The flats are now fully constructed and almost at the "ready to occupy" condition. Is it still possible to get the plan revised/re-approved by CMDA ?
March 26 2012 , 04:49 PM   #7
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Sub: Lesson learnt.

We also checked with a Panel valuer and been told that these are very common nowadays. Also, got a legal opinion and been told the same.

Now, the choice and decision can be taken after serious consideration.

I'm just posting my own views/comments so that it will help someone at some point of time.
November 24 2013 , 01:12 AM   #8
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Flytojp,

Did you buy finally buy the flat and what legal procedures you adopted while signing the various documents to safegaurd future interests like sale etc
November 24 2013 , 08:04 PM   #9
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In your case, the deviation is on the positive side. But still it is a deviation. You will have to live with a lifelong worry of " Can I sell the flat without any issues?" Builder's verbal replies do not count. Only rectification with CMDA is a practical solution.
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