Understanding Construction Deviations in Bangalore Flats

Buying an old flat in Bangalore requires careful consideration of legal aspects, particularly concerning the approval process for construction. If a builder has taken approval from the Gram Panchayat for constructing a 2BHK flat but has built a 3BHK instead, deviating by 10-15%, there could be severe consequences. This article delves into the legal and financial implications of such deviations in Bangalore.

Legal Implications of Construction Deviations

The builder in this case may not have the proper permits and approvals for the 3BHK construction, despite planning for 2BHK. Constructing beyond the approved plan without informing the authorities is illegal. The authorities have several ways to address this:

Notice to Rectify: The authorities can issue a notice to the builder to rectify the deviation and bring the flat in line with the approved plan. This action ensures that the structure complies with the original plans. Demolition Notice: In extreme cases, where the deviation is substantial, the authorities may issue a demolition notice or impose penalties. This stringent measure is taken to prevent building structures that do not meet legal and safety standards.

Legal Status of Flats and Property Rights

Deviation from the approved plan can severely impact the legal status of the flats, question the ownership, and create legal challenges regarding property rights. For instance:

No Completion Certificate: Since the construction does not match the approved plan, the owner may struggle to secure the necessary completion certificate from the panchayat, which is required for property registration. Future Sale: Without proper documentation, the owner may face difficulties in legally selling the flat in the future. This may limit the property's liquidity and marketability.

Financial and Practical Implications of Deviations

The financial and practical implications of deviations are significant. Here are some key areas to consider:

Carpets Area

Reduction in Usable Area: If more space is allocated to common areas due to deviations, the actual living area carpet area for residents may be reduced. This could impact the resale value of the flat.

Occupancy Certificate

Building Services: For under-construction properties, deviations from the approved plan may result in the project not receiving an occupancy certificate. Without this certificate, essential services like water and power connections might not be provided.

Risk of Demolition

Public Safety: If deviations are significant and not ratified by the authorities, there is a risk of the building being demolished. This risk is particularly high when deviations exceed permissible limits or violate safety rules. Courts have ordered the demolition of various buildings due to illegal construction, highlighting the seriousness of adhering to approved plans.

Verification and Resolution of Deviations

After completion, a registered architect typically verifies whether the actual construction aligns with the approved plan. This verification is necessary to apply for an Occupancy Certificate. However, this can be challenging because builders often share indicative illustrations rather than the actual approved layout plan. Here are some steps to address deviations:

Consult Local Authorities: Builders should notify the authorities about the deviations and seek their approval for ratification. Legal Assistance: Buyers can hire a local lawyer to understand the full legal implications and risks. The lawyer can also help negotiate with the builder to resolve the issue. Regularization Process: Bringing the construction in line with the approved plan through the proper approval process is likely the best approach to ensure legally tenable ownership of the flat.

Understanding and addressing construction deviations is crucial for owners and builders alike. Proper documentation, legal compliance, and consultation with local authorities can minimize risks and ensure a smooth legal and financial process for the property.