Hello Experts,

We are planning to buy a flat from a flat promoter. They are not a big shot builder. They are constructing Ground +2 floors. But they have approval only for Ground +1. We are thinking of buying a flat in 1st floor. Since he doesnt have approval for 2nd floor, Will there be any impact for us in future, if we buy the 1st floor flat.

Please advise.
Thanks,
Rajesh
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  • Originally Posted by karthickj
    I have seen a land near kelambakkam where the flat promoter has constructed stilt type of building(Stilt car parking area +2 floors) on a 20 feet road. However the approval is given only for G+1 floor. Is this a violation?

    When i ask the flat promoter he tells stilt type building has special permission where the car parking area is not considered as the built up area.

    Please share your ideas?


    I dont understand you query you say approval is given for G+1.
    anything against this is a deviation.

    it is possible to get an approval for stilt + 2 on a 20 feet road
    it is not special and is categorized under ordinary building.the area under stilt is not included in FSI computation
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  • Originally Posted by nabishek
    I have also come across many such projects in chennai where either the 2nd floor(G+1) or 4th floor(stilt+3) is unapproved or there is unauthorized construction in ground floor for office room or some time even a flat.


    I have certain questions and hope to get the answers here

    1.Builders claim as per second master plan, they are entitled more FSI so they have built additional floor/room and have applied for approval.

    Reading through the DCR I see scope for additional FSI only using the following ways

    1.Premium FSI.
    2.Increase in FSI due to Transferrable development rights.
    3.Additional floor as special building.

    Which one is used?or do they even care to get approval or ratification?or leave it as is, as completion certificate is not enforced as long as water and electricity is available?

    Assuming, the builder gets approval using one of the above wouldnt the UDS be disproportionate?


    But still everyone is going ahead purchasing such plots and construction taking only panchayat approval.

    .Hope someone can throw further light on it.The information will be surely beneficial to all.

    Thanks in advance.


    the II master plan does give some room for increased FSI and additional floor on a 30 feet road with some conditions.
    the scope for increase in FSI is
    that the area under stilt for an ordinary building can be built on the terrace.
    % of area in balconies is not included in FSI.
    additional FSI for smaller dwelings 450 sq ft.(EWS)
    rear set back for ordinary building for bigger plots reduced from 10 to 5 feet.
    etc.
    premium FSI and transferrable rights still on paper.

    all these need to be approved by the authority.

    if all the flats in the building are propotionately increased then no problem with UDS,anyway UDS can be calculated on the new areas.

    PANCHAYAT approved is not unapproved.they have certain limits under their jurisidiction.
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  • Originally Posted by abk
    the II master plan does give some room for increased FSI and additional floor on a 30 feet road with some conditions.
    the scope for increase in FSI is
    that the area under stilt for an ordinary building can be built on the terrace.
    % of area in balconies is not included in FSI.
    additional FSI for smaller dwelings 450 sq ft.(EWS)
    rear set back for ordinary building for bigger plots reduced from 10 to 5 feet.
    etc.
    premium FSI and transferrable rights still on paper.

    all these need to be approved by the authority.

    if all the flats in the building are propotionately increased then no problem with UDS,anyway UDS can be calculated on the new areas.

    PANCHAYAT approved is not unapproved.they have certain limits under their jurisidiction.


    Thanks a lot abk.

    I understand panchayat and corporations have authority to approve building plans for only G+1 buildings and for others it has to be routed to CMDA.

    Do panchayats and corporations have seperate Development Regulations?I am under the impression they have delegated powers to only share the responsibility and can approve only as per CMDA rules.Am I right?

    Within CMA limits, whose authority is considered higher?

    When there are such gap between rules and its implementation can we go ahead if a plot or flat if it is approved by any one competent authority?

    Is it safe to assume it will be later regularized or properly compensated in case of any disputes and if we plead ignorance?
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  • Originally Posted by nabishek
    Thanks a lot abk.

    I understand panchayat and corporations have authority to approve building plans for only G+1 buildings and for others it has to be routed to CMDA.

    Do panchayats and corporations have seperate Development Regulations?I am under the impression they have delegated powers to only share the responsibility and can approve only as per CMDA rules.Am I right?

    Within CMA limits, whose authority is considered higher?

    When there are such gap between rules and its implementation can we go ahead if a plot or flat if it is approved by any one competent authority?

    Is it safe to assume it will be later regularized or properly compensated in case of any disputes and if we plead ignorance?


    all development in the CMA area whether corp or panchayat have to follow CMDA rules only and any approval is given only after due consent from CMDA hence the seal of approval is on behalf of member secretrary CMDA.

    it is a case of limits.the ultimate building permit is only issued by the local body.
    in case of planning approvals you can consider the local bodies as branches of CMDA.they have authority for sanctioning ord buildings and subdivisions.higher development have to be routed thru CMDA.

    first in CMA area you will not get approval from local body for plans beyond their jurisdiction without duly routed thru CMA.hence their is no ambiguity an approval is an approval per se.
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  • Dear Abk,
    The house which my friend is planning to buy , has got an additional portion ( or an extension to the existing approved portion ) , I understand it as a deviation. Is it possible to get approval for that? IF the deviation remains , what problems can you foresee? Thanks in advance.

    Originally Posted by abk
    deviation to a plan is ok and prevalent,but unauthorised addition of a floor is a bit too much,i suggest you look elsewhere.
    whether you will be affected yes in case of demolition by the authorities who will not care about the structure. the demolishing(a far off chance) will have repurcursions on the RCC frame and reduce the strength of the structure with possibilities of cracks in your portion.

    tell me whether the rate is >35% discount than comparable properties why are u particular about this.
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  • Originally Posted by abk
    deviation to a plan is ok and prevalent,but unauthorised addition of a floor is a bit too much,i suggest you look elsewhere.
    whether you will be affected yes in case of demolition by the authorities who will not care about the structure. the demolishing(a far off chance) will have repurcursions on the RCC frame and reduce the strength of the structure with possibilities of cracks in your portion.

    tell me whether the rate is >35% discount than comparable properties why are u particular about this.


    But on the strange side in case you are planning to buy a used flat which was built on or before the year 2000 even if there was a floor violation they had a facility to regularize it . Where in the builder would have paid the fee for it and would have obtained the deviation regularization approval propularly known as "REG" amongst builders:bab (59):. This become valid . But be ware that such constructions after year 2000 are not valid.
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  • Hi friends,

    I have vacant land in alwarthirunagar, 0.75 ground.
    The land has 30 ft. road at the frontage.

    The building plan need to be approved by panchayat. Am I eligible to apply for premium FSI ? I mean 20 % more than normal FSI 1.5 ?

    I can construct Ordinary residential building G + 2 floors. What area I can construct?

    Completion certificate is required in order to apply for electricity for this ordinary residential buiding ?

    Pl advise.
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  • Sorry for writing here.

    We have registered a flat in Chennai, were they are building 9 flats in 3 floors. We gave the advance and then applied for home loan. The bank found out that CMDA approval is only for 6 flats in 3 floors.
    What do we do now?
    The builder says that there will be no problem if we go ahead and buy as the square feet is as per approval (just that instead of 2 big flats, 3 small flats are built on each floor, because buyers will be willing to invest lesser amount for smaller flats rather than higher amount for 2 big flats). And says he can return the advance money to us (after deducting money for a few changes we made in the flat (changed the kitchen location and converted 3 bedroom into 2 to make it spacious)) and find another buyer. But the money we paid for registration cannot be returned as it is paid to the government. We will most probably be losing around 5 Lakh INR.
    We are afraid to go ahead buying the flat too.

    Without any fault of ours, we are now suffering. What do we do?
    This is urgent.
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  • I am looking to buy a duplex apartment in chennai city limits. The apartment is a duplex - the CMDA plan approval has 8 kitchens approved with 2 on each of 4 foors.

    But, the actual construction was done for 6 apartments - one side of the flat has 4 houses with one on each floor and the other side of the flat has 2 duplexes built (ground & 1st floor together, 2nd and 3rd floor together). Duplexes have an internal staircase connecting both floors.

    And the original flat developer nor the current seller do not have CMDA completion certificate with them. But the construction agreement has duplex mentioned.

    Is this deviation in the actual construction from approved CMDA plan Okay from legal perspective?

    DDuplexes

    Note: The apartment was constructed 13 years back


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