I have booked a 2BHK flat in Velachery, Chennai, during the the course of reviewing the documents, I found that the builder has deviated from original approved plan i.e. the approval for the 2nd floor where I have booked one of the flats is for 2 units of 1BHK each with a common terrace on the same floor but the builder has extended construction of the 2nd floor into ~50% of the common terrance thereby converting 2 X 1BHK units in 2 X 2BHK units. Is it an acceptable deviation? Please advise. The builder insists this is normal as the "approved plan" is different from the "working plan" and there are no issues. I am not satisfied with the explanation and I am in dillemna to proceed further as I foresee possible legal issues in the future specially while trying to sell the flat again.
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  • These guys keep deviate and violate later the owners only will face the music from regulators. Builder will not come forward to rescue owners.

    Suggestion is to exit the project.
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  • Thanks Ramchi for the reply.

    Any other advices, specially senior members, moderators?

    The apartment location is great and is almost in the heart of the Velachery locality in Chennai just next to the IT Expressway/OMR and it suits our family in all possible ways- in terms of quality of material used, the current design and the builder is a nice guy ready to do all customizations we have asked but this deviation I have discovered in the unit I have booked, to provide more details is - to the actual Chennai Corporation approved 1BHK, he has added one more large bedroom of 14X11 to make my unit 2BHK, thats the only deviation I find is almost a deal breaker as its against regulations. But the other unit on the same floor has mislocated kitchen, living/dining, toilet, additional one bedroom room, puja and toilet, I am not an expert but that accounts to ~ 50-60% additional construction than approved by the corporation.

    Please advise, should I GO or NOT-GO ahead with purchasing this property? to make my unit 2BHK, thats the only deviation I find is almost a deal breaker as its against regulations. But the other unit on the same floor has mislocated kitchen, living/dining, toilet, additional one bedroom room, puja and toilet, I am not an expert but that accounts to ~ 50-60% additional construction than approved by the corporation.

    Please advise, should I GO or NOT-GO ahead with purchasing this property?
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  • If it is deviation within the unit it may not be a big issue. But if it is violation (change in the master plan, floor raise) across the project then it is serious.
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  • Originally Posted by smartee1983
    Thanks Ramchi for the reply.

    Any other advices, specially senior members, moderators?

    The apartment location is great and is almost in the heart of the Velachery locality in Chennai just next to the IT Expressway/OMR and it suits our family in all possible ways- in terms of quality of material used, the current design and the builder is a nice guy ready to do all customizations we have asked but this deviation I have discovered in the unit I have booked, to provide more details is - to the actual Chennai Corporation approved 1BHK, he has added one more large bedroom of 14X11 to make my unit 2BHK, thats the only deviation I find is almost a deal breaker as its against regulations. But the other unit on the same floor has mislocated kitchen, living/dining, toilet, additional one bedroom room, puja and toilet, I am not an expert but that accounts to ~ 50-60% additional construction than approved by the corporation.

    Please advise, should I GO or NOT-GO ahead with purchasing this property?

    You said you booked it..whats the stage of construction?is it already complete? I am assuming its still under construction. What you have stated is done by many builders..not only builders, even individuals and flat owners do it..Generally, the builder will not construct the additional bedroom immediately and will wait for completion certificate/electricity/drainage etc..after that he will extend and add the additional room..If thats the case and you are ok with the risk, I would suggest to cautiously go ahead..Please note you will get less UDS compared to the flat area because the extra bedroom is just extension of living space..its not within FSI allowed..The builder is behaving friendly?the project seems priced less? thats the reason. If CMDA increases FSI in future, you can hope to regualarize the plan till then its a sore point while trying to resell. If this is hard for you to stomach then let it go, there are many other clean properties you can go with at extra cost for your peace of mind.

    You said you booked it..whats the stage of construction?is it already complete? I am assuming its still under construction. What you have stated is done by many builders..not only builders, even individuals and flat owners do it..Generally, the builder will not construct the additional bedroom immediately and will wait for completion certificate/electricity/drainage etc..after that he will extend and add the additional room..If thats the case and you are ok with the risk, I would suggest to cautiously go ahead..Please note you will get less UDS compared to the flat area because the extra bedroom is just extension of living space..its not within FSI allowed..The builder is behaving friendly?the project seems priced less? thats the reason. If CMDA increases FSI in future, you can hope to regualarize the plan till then its a sore point while trying to resell. If this is hard for you to stomach then let it go, there are many other clean properties you can go with at extra cost for your peace of mind.

    You said you booked it..whats the stage of construction?is it already complete? I am assuming its still under construction. What you have stated is done by many builders..not only builders, even individuals and flat owners do it..Generally, the builder will not construct the additional bedroom immediately and will wait for completion certificate/electricity/drainage etc..after that he will extend and add the additional room..If thats the case and you are ok with the risk, I would suggest to cautiously go ahead..Please note you will get less UDS compared to the flat area because the extra bedroom is just extension of living space..its not within FSI allowed..The builder is behaving friendly?the project seems priced less? thats the reason. If CMDA increases FSI in future, you can hope to regualarize the plan till then its a sore point while trying to resell. If this is hard for you to stomach then let it go, there are many other clean properties you can go with at extra cost for your peace of mind.

    You said you booked it..whats the stage of construction?is it already complete? I am assuming its still under construction. What you have stated is done by many builders..not only builders, even individuals and flat owners do it..Generally, the builder will not construct the additional bedroom immediately and will wait for completion certificate/electricity/drainage etc..after that he will extend and add the additional room..If thats the case and you are ok with the risk, I would suggest to cautiously go ahead..Please note you will get less UDS compared to the flat area because the extra bedroom is just extension of living space..its not within FSI allowed..The builder is behaving friendly?the project seems priced less? thats the reason. If CMDA increases FSI in future, you can hope to regualarize the plan till then its a sore point while trying to resell. If this is hard for you to stomach then let it go, there are many other clean properties you can go with at extra cost for your peace of mind.
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  • Thanks for the feedback. The structure is ready and Builder says if I get it registered today he will ready the flat in 3 weeks time. Work like flooring, painting etc is pending.

    After some discussions with my elders there are two options which I will ask the Builder :

    1. Get the Constructed Design approved by the Chennai Corporation OR

    2. I will initiate a loan in SBI or LICHF where the loan approval is more detailed intensive, based on approval from the bank decide the way fwd.

    Makes Sense?
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  • Originally Posted by smartee1983
    Thanks for the feedback. The structure is ready and Builder says if I get it registered today he will ready the flat in 3 weeks time. Work like flooring, painting etc is pending.

    After some discussions with my elders there are two options which I will ask the Builder :

    1. Get the Constructed Design approved by the Chennai Corporation OR

    2. I will initiate a loan in SBI or LICHF where the loan approval is more detailed intensive, based on approval from the bank decide the way fwd.

    Makes Sense?


    Why take the trouble?both your options are dead end..no way corporation is going to approve or SBI/LIC is going to give loan..If the builder agrees to these suggestions..I will be greatly surprised..In my expectation, he will in most certainity stop entertaining you. The best option I can suggest is book now, register land later just register construction agreement, go for private bank loan. First let the builder complete, then purchase after CC, and basic EB, Water connection is all in place.
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  • Have tripartite agreement with exit clause if there are deviations at later point as observed by authorities hold builder accountable in the agreement. Engage a lawyer who has done this successfully.
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  • During initial conversation with builder by any chance did you tell your builder that you are "not going to take bank loan" and the source of funding will be your personal?
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  • Originally Posted by smartee1983
    Thanks Ramchi for the reply.

    he has added one more large bedroom of 14X11 to make my unit 2BHK, thats the only deviation I find is almost a deal breaker as its against regulations. But the other unit on the same floor has mislocated kitchen, living/dining, toilet, additional one bedroom room, puja and toilet, I am not an expert but that accounts to ~ 50-60% additional construction than approved by the corporation.

    Please advise, should I GO or NOT-GO ahead with purchasing this property?

    As per your post you have mentioned the builder has done deviation in few other flats as well. Can you share the land area, no of units and plinth area of each unit.
    Also what is the access road size (20 ft, 30ft?). Is the setback impacted?

    That said, Do you think the deal breaker discounted money can buy you peace of mind from the deviation?. Can it get you the comfort till your resale.

    Re-approval is a tedious process and provided the apartment is FSI complaint. Most builders especially builder floor apartment builders do not take this route. In case regularization act comes in you need to ensure you have kept aside money to pay for that as well. Re-approval can take years as well and by the time builder would have safely moved out.

    If I were you my first action would be to go check for FSI complaint, then go to CMDA egmore office and check if re-approval process has been initiated with the modified plan. If both are done then block the apartment and wait for re-approval stamp to pay in full. If not just move out.

    As per your post you have mentioned the builder has done deviation in few other flats as well. Can you share the land area, no of units and plinth area of each unit.
    Also what is the access road size (20 ft, 30ft?). Is the setback impacted?

    That said, Do you think the deal breaker discounted money can buy you peace of mind from the deviation?. Can it get you the comfort till your resale.

    Re-approval is a tedious process and provided the apartment is FSI complaint. Most builders especially builder floor apartment builders do not take this route. In case regularization act comes in you need to ensure you have kept aside money to pay for that as well. Re-approval can take years as well and by the time builder would have safely moved out.

    If I were you my first action would be to go check for FSI complaint, then go to CMDA egmore office and check if re-approval process has been initiated with the modified plan. If both are done then block the apartment and wait for re-approval stamp to pay in full. If not just move out.

    As per your post you have mentioned the builder has done deviation in few other flats as well. Can you share the land area, no of units and plinth area of each unit.
    Also what is the access road size (20 ft, 30ft?). Is the setback impacted?

    That said, Do you think the deal breaker discounted money can buy you peace of mind from the deviation?. Can it get you the comfort till your resale.

    Re-approval is a tedious process and provided the apartment is FSI complaint. Most builders especially builder floor apartment builders do not take this route. In case regularization act comes in you need to ensure you have kept aside money to pay for that as well. Re-approval can take years as well and by the time builder would have safely moved out.

    If I were you my first action would be to go check for FSI complaint, then go to CMDA egmore office and check if re-approval process has been initiated with the modified plan. If both are done then block the apartment and wait for re-approval stamp to pay in full. If not just move out.

    As per your post you have mentioned the builder has done deviation in few other flats as well. Can you share the land area, no of units and plinth area of each unit.
    Also what is the access road size (20 ft, 30ft?). Is the setback impacted?

    That said, Do you think the deal breaker discounted money can buy you peace of mind from the deviation?. Can it get you the comfort till your resale.

    Re-approval is a tedious process and provided the apartment is FSI complaint. Most builders especially builder floor apartment builders do not take this route. In case regularization act comes in you need to ensure you have kept aside money to pay for that as well. Re-approval can take years as well and by the time builder would have safely moved out.

    If I were you my first action would be to go check for FSI complaint, then go to CMDA egmore office and check if re-approval process has been initiated with the modified plan. If both are done then block the apartment and wait for re-approval stamp to pay in full. If not just move out.
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  • smartee1983
    .
    What is your approved flat area
    What is your saleable flat area
    How much of sqft has the builder deviated
    Does the deviation come is setback
    .
    .
    According to the CMDA Regulation apart of the approved plan the plan can be deviated till 10% ( thats is if you buy a 800 sqft of flat it can be deviated to 40 - 80 sqft) this will give you no problem
    .
    But see to that there should not be floor deviation, and the height of the building 1.5 times the road width or 2 times in the case of full stilt, and all other rules & regulations should be strictly followed, i cannot mention everything here.
    .
    Next what is your UDS and Plint area, you have mentioned the builder has deviated in the private terrace.
    This defects your UDS Value, Flat area, Builder agreement, registeration and stampduty. Since a Private Terrace is only considered 50% for calculation of the above.
    .
    Next who said for a deviated flat Banks want give loan, it depends upon how much it is deviated, banks even approve loan if the building is 40% deviated, but they never approve for floor deviation.
    .
    98% of the houses in chennai are deviated including big builders like Akashy,DABC, SWARNABOOMI etc., they will give you occupiant certificate but no one will give you complection certificate, but big builders builders do even this by giving bribe
    .
    Next if CMDA takes action
    it is impossible to take action all over chennai (98% deviated houses), crores of people will stand beside you if they do so
    .
    .
    Just go ahead you will not face any problem, if the documentation are transparant
    .
    Sorry for the delay
    .
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  • Originally Posted by smartee1983
    I have booked a 2BHK flat in Velachery, Chennai, during the the course of reviewing the documents, I found that the builder has deviated from original approved plan i.e. the approval for the 2nd floor where I have booked one of the flats is for 2 units of 1BHK each with a common terrace on the same floor but the builder has extended construction of the 2nd floor into ~50% of the common terrance thereby converting 2 X 1BHK units in 2 X 2BHK units. Is it an acceptable deviation? Please advise. The builder insists this is normal as the "approved plan" is different from the "working plan" and there are no issues. I am not satisfied with the explanation and I am in dillemna to proceed further as I foresee possible legal issues in the future specially while trying to sell the flat again.


    Approach SBI for Home Loan, if they reject it, stay away from this project.
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  • akhu
    .
    i told banks even approve loan for 40% of deviated flat, and i can show loan approved even for a floor deviation, it is all in the builders hand.
    .
    Mostly in the case those builders who say our project is approved by these Banks and it is a Per Approved Loan. It it means to say that something illegal has happened back. The Bank manager is not a fool to give free approved loan.
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  • Originally Posted by bala_animation
    akhu
    .
    i told banks even approve loan for 40% of deviated flat, and i can show loan approved even for a floor deviation, it is all in the builders hand.
    .
    Mostly in the case those builders who say our project is approved by these Banks and it is a Per Approved Loan. It it means to say that something illegal has happened back. The Bank manager is not a fool to give free approved loan.


    Hi Bala,

    Thanks for your reply, i know a property which does not have an approval for the top floor/pent house and a XXXXX bank is ready to give home loan for this. That's the reason i always prefer to go for SBI. My formula is simple, if SBI approves loan for a property go for it otherwise stay away from it.

    Thanks
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  • I think icici follows them strictly, and they reject the loan if the plan is deviated apart from the tolerance level even if the loan is above 1.5 crore.
    .
    As per my knowledge Lic HF, KVB, OBC, Shriram Finance is the worst in legal section. They approve in any kind of suitation, it is my real experience. If your flats has any legal problem go to the they will approve loan for you. But you have to xxxxx them
    .
    What big builders do is if you go for a loan to a bank the customer does not need to struggle, the builder will brixx the bank and say them to approve the loan even if there is some legal issues, just you have to prove that you are elgible for that loan. Big builders who offer pre approved loan does not mean that the document are legal and pakka just it is an eye wash. There may be an legal problem even in those kind of loan. I have personally experience legal problems arising after 5 years after the loan has been approved the owner cannot do anything at that time the bank will never give the orginal. Even you cannot file a case in the court until the loan is completed,You have to wait till the loan is completed then collect the orginal and then file a case in the court. By this time think what will happen to the builder how will you catch him.
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  • Extra built up means your UDS share will be reduced and down the road resale issues.
    Avoid this. Slow market, many deals out there. Go for 100% legal buildings.
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