VICTIMISATION OF INNOCENT BUYERS OF FLATS

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Many buyers of flats face problems due to mistakes committed by the builder. Recently, a friend wanted to buy a flat  in North Bangalore in an apartment nearing completion.He produced a brochure given by the builder.The brochure contained elevation of the apartment building with basement, ground and four floors. It is mentioned in the brochure that BBMP sanctioned the plan.But, when enquiries were made with BBMP, it was found that BBMP sanctioned basement, ground and two floors only. 

It was also found out that the site is facing a road only 15 wide and additional floors requested by the builder is not being considered by BBMP. Several persons might have advanced considerable amounts to buy the flats.The builders may continue to build  additional floors as enforcement by BBMP  is not good or in collusion  with BBMP officials of that area.If any complaint is made about  unauthorized construction of floors, builder will obtain  stay orders  from the Court   and forget about the action by the BBMP. Such things are common in Bangalore especially if the builder is not a reputed firm.The builder may feel to get the  violation of  additional floor /floors regularized under “Akrama- Sakrama  Scheme “, when introduced.

The BBMP Revenue Department may collect property tax for that illegal built up area saying that property tax payment is not a commitment to regularize the unauthorized additional  area. 

Buyers of such flats will have to face problems in the future. BBMP may claim betterment /development charges from buildings which were  in  panchayat limits   before they are  included in the BBMP area.By then, the builder will not be available after selling all the flats in that apartment project. Even if available,  he may not be willing to pay the betterment charges/development charges claimed by BBMP, which is a substantial amount.The owners may have to form an Association of Owners and collect contribution from the flat owners to pay betterment/development  charges to the BBMP. 

  

Many of the owners may not be willing to pay contribution for betterment/development  charges saying that  they have paid  market  value to the builder and may  suggest that the builder may be forced legally to pay betterment charges to BBMP. The builders  escape such expenditure later by including a condition in the sale deed  that for all future payments to the agencies, builder is not responsible and should be borne by the buyer/buyers.The problem will continue and sewerage connections will not be provided. They may manage water supply from the bore well. But, BBMP services like; garbage removal, road maintenance, street lighting,  etc will not be available.

There is one more problem to the buyers of flats in that apartment  in respect  of  ‘Undivided Share of the Property’. In the beginning of the project, the undivided share is distributed to the sanctioned flats.The buyers of flats in the unauthorized floors later may not get undivided share for their  flats, or the builder may cheat  by calculating undivided share later on including the illegal flats. This problem will have to be faced many years after the construction of the building when it is decided to demolish the existing building to build a new modern building,  or when the building collapses during earth tremors  or  earth quakes. When a new building is to be  constructed in such a situation, the area to be given to each of the flat owners in the new building based on the undivided  share indicated by the builder will lead to disputes among the owners. Builder will not be available at that time or will not be willing to involve in this problem even if he continues to be in the building activity.

  

Advice to the flat buyers  is to verify the building  plan  sanctioned by BBMP or Appropriate Town Planning Authority  and other  points  mentioned above to see that they do not have problems about the building in the future.  

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