I am planning to buy a property. It has 11 floors, 114 units, approved by BDA, RERA certified and OC received.

Now, the unit that I am planning to buy, is on 9th floor. As per BDA approved floor plan, this unit is a 3 BHK in all floors, however, they have created a 2 BHK (with a different floor plan) on 8th, 9th and 10th floor. They say its ok to deviate this much from BDA approved floor plan, as they not constructed any extra size in terms of overall super built up. The flat that I am planning to buy is actually a 2 BHK, but is not as per BDA approved floor plan of this unit, as this units flats are supposed to be a 3BHK as per approved plan.

Having said this, they have approval for 11 floors, 114 units, have received OC and is RERA certified?

Is this completely legal or is there any percentage of legal risk involved in this?

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  • The Apartments have to be built as per the approved sanction plan. In addition, the builder is supposed to give a Deed of declaration to BBMP/BDA and Owners association , clearly stating the Super built area, Carpet area and Undivided share of land. The apartments SBA and UDS are clearly demaracted and if there is any change, you will stand to lose in future in terms of legality of title deeds. Take a loan only from SBI or HDFC. They do the best legal checks and if possible you get additional legal verification done. Protect your interest at all costs and dont fall for any tricks. Market is really really bad and you will not get any money back if you back out.