I am staying in an apartment for rent. My owner, who stays in a different city, informed me last week he plans to sell it and asked me if I was interested in purchasing it. I have been staying here for over 2 years and my experience has been good. So, I informed him I will think about it. Checking with the building association, I found an uncomfortable fact.

The building was constructed in 2008 and has 22 flats. The approved plan was for 11 flats, and hence there is a 100% deviation.

The association secretary, who also has a flat here, told me the deviation isn't an issue at all. He says the Khata is done for all apartments. He also said all owners are paying property tax for the last 5 years therefore the apartments are all regularized.

I am not sure how valid his arguments are, and I would like to know if I will face any issues going ahead with option?

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  • Continue to stay on rent and enjoy your peace. Buying properties with deviation is illegal and can cause serious damage in the long term. Why dont you just wait and see how many people show up to buy this place?
  • I don't hear news of BBMP demolishing buildings with deviations, meanwhile all small builders have major deviations in every building I have seen, without exceptions. I cannot afford big builders' constructions.
    I guess I am just tired of searching for new apartments to rent.

    I keep hearing about this being illegal, but are there real instances and in good number in Bangalore to justify this fear?

    I am sure a lot of things are illegal, e.g. registering the apartment for much lesser than its purchase price, but I see almost no one doing the registration at the right price.

    These things may be illegal, but I want to understand, this being so prevalent, if
    the actual risk to an individual big enough to lose sleep over.

    BBMP by allowing these constructions to flourish have skewed the real estate market, and has put individuals like me in this awkward position.
  • This indeed is true that there are several small scale residential projects with some amount of deviation, where the percentage of deviation mostly varies between 5-40%. This being 100 % deviation has a good risk factor inherited. Now we know that Akrama Sakrama is again in motion and would come with a new name/regulation, it is better to wait and see what kind of deviations would be considered as valid for penalties, and what couldn't be adjusted within allowed limits. As the new CM said, not everything would be considered valid in the new law. I would suggest, better to stay away with this 100 % deviated building and have peace of mind. It is better either to wait for new regulation, or to pay a little more and buy where you don't see such concerns in future.
  • What decision is taken by you?

    Did you purchase the flat, I am also in ditto same position, where 8 flats plan approval and constructed 16 flats on 2008. All flats have A khatha and they are paying taxes. Wanted to go for lawyer verification.

    Pls share your valuable inputs.

    Also, I am planning to buy a flat in a building having a plan approval of 2 flats per floor, but constructed 4 flats per floor on 2008. All flats have A khatha and they are paying BBMP taxes. The first buyer availed loan from SBI. Pls guide me if I can go ahead to buy this flat. I liked the flat very much. Its 10 years old and I wanted to buy a flat in that area surroundings.

    • ankitrrastog2 years ago
      its all upto you how u will take.I have seen people living these kind of flats long time...Nothing happen.Buy it and live happly till kids education then plan to sell....Any how redevelopment will be there....