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Legal, Tax Questions and Precautions before purchase of flat

Question# 1

I read some old article which states only BDA and BMRDA has right to approve residential apartments with in the city and rural areas os bangalore. BBMP is only to collect taxes. But i see some properties with BBMP approval. BBMP has right to approve properties (location : sarjapur road) ?

Question# 2

Small individual apartments will have approval for G+3 only or G+4 is also allowed? I doubt builders have permission for G+3 but they are adding 1 more floor for their benefits. If that is the case and if i buy a flat 1st or 2nd floor so such apartment, will i have any issues, as that floor is approved?

Question# 3

Some small apartments builders with G+3 (or G+4), in sarjapur road says its approved by BBMP, but OC wont be issued as its a small apartment (G+3). OC is issued only for apartments which are more than G+3 or G+4?

Question# 4

For similar G+3 or G+4 apartments in Electronic city area, builder says its under panchayat approval, so OC/CC wont be provided. As for the information i have panchayat only have right to approve site but not building plan. Does panchayat has right to approve building plan. If so can we possess the flat without OC?

Question# 5

Under BESCOM and BWSSB deposit, builders are quoting in a range of 100 to 150/sqft. Aren’t these charges fixed. If not how it will be calculated? Are these 1 time charges or we need to again pay on monthly basis?

Question# 6

Car parking is being charged separately both open and closed type in 1.5L to 2.5L range. I read some articles which says builder can’t charge for car parking separately as it is already included in the SuperBuiltUp area.

Question# 7

builders also collect maintenance advance for 6 months to 1 yr even though none of the amenities(club house, gym, party hall, pool, park etc) are completed and are expected to be completed only after an year. How come builders collect charges even without providing facilities? does that maintenance include any other charges?

Question# 8

Apart from these are there any other things i should be conscious about in general before consulting a legal advisor with property documents for further verifications?

Question# 9

Car Parking: 2 Lakhs [by High Court and Supreme Court judgement, builders should not sell CAr PArking, Car parking should be Complimentary to flat buyer, search in google you will get case and judement details, any builder not following this judgement is dishonor to court and you can file a case on builder and get your car parking charge of 2 lakhs back to your account] So please wake up all doumb sheeepsss.. and fight for your money….You can unite together in apartment association and file a case with the help of lawer… and get your money back….

Question# 10

Club membership fee: 1 Lakh [Builder have made it manditory to all apartment buyers, opt out of club membership fee, Club membership should be complimentary]

Question# 11

Maintenance Deposit: 2.5 LAkhs [ Reputed builders charge huge money for maintenece deposit upfront, this is illegal, if builder charges maintenece deposit like 2+ lakhs ask them to make ur apartment maintenece fee waived Off for life time]…

Question# 12

Generator Charges: 50K [For each flat builders charge 50K generator Charges, say if you have 200 flats in one apartment, u can practically never imagine builder installing a generator worth 1 Crore]

Question# 13

Water bwssb and electricity Charges: 1.5 Lakhs [ when you dont have cauvery water for your apartment where does BWSSB charge come into picture, ask builder to give breakup and ask him to show receipts paid by builder to BWSSB and Electricity board, it will not even come to 10K per Apartment]

Some Guidelines for Flat Buyer

  • Only go in for reputed builder who has a decent track record
  • check whether building plans are sanctioned or not
  • go for projects pre approved by leading banks
  • if building is already completed check whether builder has OC or not
  • OC would indicate whether building has been completed as per sanctioned plans
  • builders do collect advance maintenance for period of 6 months or year so that they don’t have to run after flat purchasers for maintenance
  • generally club house is constructed first so that purchasers are tempted to buy flat having all amenities
  • builder cannot charge for car parking slots.It forms part of common areas for benefit of all members
  • don’t purchase flats in project which fall under gram panchayat
  • as far as your other queries are concerned only local lawyer can guide you
  • Building plan has to be issued by either BBMP or BMRDA or any other authority and if the Building is constructed in accordance with plan then only builder will get OC other wise BBMP will not issued OC.
  • If the building is not constructed in accordance with plan then it will become violation of sanction plan and license.
  • For each and every apartment the OC will be issued there is no question of small apartment and big apartment.
  • Panchayath has no authority to issue building plan.
  • Car parking has to be valued separately i.e open car parking and closed car parking during the time of registration.
  • it is better you can contact an advocate get legal opinion from him and proceed further.