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Builder Not giving Terrace area

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Builder Not giving Terrace area

Last updated: June 7 2013
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  • Builder Not giving Terrace area

    Hi,
    I have booked a flat with a small builder in whitefield. I am going through the Sale and Construction agreement draft copy. There is a clause which states:

    "It is hereby specifically agreed between the Parties herein that the Land Owner/Builder alone shall be entitled for the entire terrace area and the said terrace area shall not be treated as common area, and the Purchaser/s herein and/or his/her/their successors or any purchaser/s of flat/s in the project shall not have any manner of right, title and interest over the same. The Land owner/Builder shall have right to construct flats over the said terrace area and the same shall be shared between the Land Owners and Builder. The Purchaser/s herein has/have absolutely agreed for the said arrangement and is purchasing the schedule flat subject to the said condition and confirms that either the purchaser/s herein or the flat owners’ Association shall not object in any manner, for putting up such additional construction/s or pent houses in the project."

    When i asked builder about this, he said this is normal in Bangalore. Since i am new to all this, can someone help me out?

    The sanction plan is only for G+3. If he does build any flats on terrace, then those flats will come under unsanctioned flats. The flat which i booked is in Ground floor.

    My questions are:
    1. Whats the risk involved with this project?
    2. Builder cited me various examples saying how flats are being built in penthouse. Is this really normal for small builders in bangalore to do this?
    3. Can BBMP take any action against people like us, who have bought the sanctioned flat?
    4. He has also not added penalty clause for this project, saying he will pay if delay happens. But this is not there in the writing. How does penalty clause written? Does builder need to pay fine, per square feet of flat, or something else?

    Thanks in advance for your help!
  • #2

    #2

    Re : Builder Not giving Terrace area

    Why are you waiting for BBMP to take action, Why don't you take action and leave it, now.

    "When i asked builder about this, he said this is normal in Bangalore. Since i am new to all this, can someone help me out?"


    Being new is no excuse, to close eyes and believe everything builder says.

    Note: sorry for harsh tone, but this naiveness is what making builder do whatever they wish, by saying this is common practice. Sati was also once a common practice but it wasn't the right thing.
    Last edited June 7 2013, 09:28 AM.

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    • #3

      #3

      Re : Builder Not giving Terrace area

      Unfortunately this is indeed common among small builders. They deviate both vertically and horizontally from approved plan. This also means, apartment will not have "occupancy certificate". As far as legality is concerned, BBMP can demolish any portion of the building that's in violation of approved plan.

      Walk away from this project when you can. And let the builder know that you are doing so because of this specific clause and intended deviation.

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      • #4

        #4

        Re : Builder Not giving Terrace area

        Dont go ahead with such type of clause .
        Dont believe in anything that is said orally - it has to be in the sale agreement .

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        • #5

          #5

          Re : Builder Not giving Terrace area

          He may rent out Terrace for tower or hording which may create issue later, or may build his own house down the line and sell it again. ( such house called as pent house and cheap because they dont have share on land and need to just leave when building become old and cannot claim on land).

          But buying flat from big builder can cost you high..so it is compromise on pay less and less secure.

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          • #6

            #6

            Re : Builder Not giving Terrace area

            Originally posted by sbhandarkar1 View Post
            He may rent out Terrace for tower or hording which may create issue later, or may build his own house down the line and sell it again. ( such house called as pent house and cheap because they dont have share on land and need to just leave when building become old and cannot claim on land).

            But buying flat from big builder can cost you high..so it is compromise on pay less and less secure.
            Even if they don't have any claim on UDS, they have claim on one of the reconstructed apartments. So don't think they just leave when the apartment become old.

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