Deviation from the Approved Layout Plan- Its effects and Regularisation
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In our earlier blog “Sanctions and Approvals Required for different types of Properties“, we discussed various sanctions, approvals and NOC’s required for different types of properties. A large number of houses were affected during the latest demolition drive in Bangalore. Buildings have been constructed that are not in line with the building regulations. This, of course, not only causes hardship to the owners and others but also leads to tremendous financial losses.

In this blog, we will list down the conditions laid down for obtaining sanctions; the permissible limits for deviations and the regularisation process in the event of deviations.

Let’s look at some of these important conditions  for obtaining sanction:

  1. If a building is constructed for residential use then it cannot be used for any other purpose such as commercial;
  2. Basement of the building has to be reserved strictly for parking;
  3. Special permission has to be obtained from the forest department for cutting trees;
  4. National Building Code and the Building Bye Laws has to be strictly adhered to;
  5. One should strictly abide by the specifications and layout of the building plan;
  6. Commencement Certificate to be obtained on completion of foundation and before erection of walls;
  7. Construction needs to be completed within the time frame specified in the license;
  8. The building should not be occupied without obtaining an Occupancy Certificate;
  9. Rain Water Harvesting Structures needs to be provided and maintained for storage of water and recharge of ground water always;
  10. Solar water heaters are to be provided;
  11. Garbage segregation into organic and inorganic waste; and recycling processing unit to be installed at the site for its re-use/disposal;
  12. For high rise buildings, one should obtain a clearance certificate from Fire Force Department;
  13. One should submit NOC from State Pollution Control Board, Water Supply and Sewage Board, Electricity Supply Board, and State Environment Impact Assessment Board before obtaining a Commencement Certificate.

 

Now, let’s look at the Permissible Limits for Deviation of the Sanctioned Plan:

There is a permissible limit only if there is a deviation in construction from the sanctioned building plan is within the limits of five percent (5%) of:

  1. The setback around the building
  2. Plot coverage
  3. Floor area ratio
  4. Height of the building

Such deviations or violation is permitted upon payment of regularisation fees, only on the condition that it does not affect the structural stability of the building as prescribed in the building bye laws .

 

What are the Consequences of deviations beyond the permissible limits ? 

  1. Difficult to obtain Occupancy and Completion Certificate –  If the deviation is more than five percent (5%) from the approved building plan, then the Occupancy Certificate will not be issued.
  2. Difficulty in getting a bank loan- If there are major deviations in the project, banks will not grant loans for such buildings and the property owner will face problems at the time of selling the property. Also, difficulty in getting a loan will attract less buyers, which may in turn result in a less profitable deal
  3. The threat of demolition of the building If the deviation is more than the permissible limit, and has not being regularised by the Development Authority, then the property owner will be under the threat of it being demolished, as per the applicable provisions of building bye laws.
  4. Liable to penalty – The property owner/builder is liable to the penalties under applicable laws, if there is any deviation in the construction.
  5. The possibility of getting “B Extract” instead of “A Khatha” – In Bangalore, for obtaining a Khatha Certificate, it is crucial that the building complies with the local statutory norms. If there is any deviation which is not regularised, then there is a possibility of getting only a “B Extract” instead of “A Khatha” which may in turn effect the owner’s ability to get a marketable title on the property. Click here, to know the difference between an “A Khatha” and a “B Extract”.

 

Can deviation be regularized?

Few states in India like Karnataka, have this provision. Karnataka government empowers the commissioner to regularize the buildings constructed prior to the cut-off date.

Regularization is not applicable for deviations where the building plan is not obtained for construction. Further, in case the deviations have already been rejected in the sanctioned plan then the deviations would not be regularized.

 

If you are planning to buy a property sometime soon, RealDocs has created a mobile app that aims to help you determine what documents are required for a particular property based on the type of property, and most importantly, the applicable laws of your state.  Feel free to download the RealDocs app from the Google Play Store, by clicking here.

RealDocs Team

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