floor sanctioned issue floor sanctioned issue

5 months ago

Hi, I am planning to book one property (flat)..however as per rera and approval layout plan only 5 floors sanctioned as of now for one of the wing. However builder is taking booking for 14th floors and he mentioned we have paid the TDR and remaining floors will be sanctioned in 1-2 month then he will be doing agreement for the booking he have already taken.

so in this case is it good to book the flat and wait for further floors sanctioned and if yes any documents to take from builders. Also how flat sanction process work ? do they sanction few floors now and then after paying TDR they sanction more floors. Please advise on this

Anik

Responded 4 months ago

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A.Dear Client,
Transferable Development Rights (TDR) is a zoning technique aimed at preserving plots of land with permanent conservation value, which does not contribute to the approval of additional floors in a building under construction. If the construction includes illegal floors or deviations exceeding 15% of the total sanctioned plan area, it may be denied an Occupancy Certificate, potentially rendering it illegal. Building bye-laws are subject to the regulations of each state and can vary between Municipal Corporations. Relying solely on verbal assurances from the Builder/Developer is not advisable when considering the purchase of a flat or house. It is essential to ensure the possession of an approved map or building plan from the competent authority, along with a thorough check of the property's overall encumbrance status. The approval of the map or building plan is crucial for legal and safe construction. Absence of an approved map/building plan may lead to legal complications, penalties, and challenges in obtaining a home loan or selling the property.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
Transferable Development Rights, often abbreviated as TDR refers to the zoning technique used to protect plots of land that have a conservation value on a permanent basis that does not play any role in sanctioning of enhanced floor of the building under construction. If the 4th or other illegal floors/deviations are more than 15% of the total sanctioned plan area, the building does not get an Occupancy Certificate and hence might be considered illegal. Building bye laws are a State-specific Subject and they vary from Municipal Corporation to Corporation. Based on the stand-alone verbal assurance of the Builder/Developer, it is not advisable to buy a flat/house without an approved map/building plan of the competent authority in hand apart from the verification of the overall status of an encumbrance of the property. The approval of the map or building plan is important as it ensures that the construction is legal and safe. Without an approved map/building plan ready in hand, you may face legal issues and penalties. You may also face difficulty in getting a home loan or selling the property without an approved map/building plan.
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Vidhi Samaadhaan Vidhi Samaadhaan

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