it appears construction on 4th floor is illegal
2) unuthorised construction can be demolished by authorities
3) owner can apply whn karma sakrama comes into effect for regularisation of unauthorised construction done
Penthouse floor
Hi, I've come across an apartment which is a duplex and built on the 3rd & 4th floor of the building. As per the approved plan, it shows 3rd floor as residential units and the 4th as Terrace floor. Since the apartment spans across 3rd and the aforementioned 4th floor (shown as Terrace in the plan) , is the 4th floor illegal? The property is already 10 yrs old and has B khata (even though plan has been approved by BDA. What are the legal issues which can come up in future? Can it be converted from B to A khata whenever Akrama Sakrama comes to force? The property is converted on DV converted land
Asked 3 years ago in Property Law
Religion: Other
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
7 Answers
1. The 4th Floor is illegal and the sanctioned plan shows only 3rd floor as the maximum and 4th floor is shown as terrace in the sanctioned plan.
2. This deviation may be regularised by the authorities by collecting penalty if Akrama-Sakrama scheme is implemented.
3. If it's regularised through Akrama-Sakrama, then the status of Khatha may be changed from "B" Khatha to "A" Khatha.
4. Before proceeding further, get the property papers evaluated by any Lawyer and then only go ahead.
Any construction made in violation of an approved building plan is definitely illegal, unless it has been regularised under an amnesty scheme.
It will not have any legal issues but B khata is for irregularities in the same. It will not be converted in A khata in 99 percent cases.
Hi, as per plan the fourth floor is terrace floor and the builder has constructed the Building there and it has become violation of Sanctioned plan. So when there is a violation of the Sanctioned Plan you can't get ta A Katha.
[2] In Akrama Sakrama there may be a chance of regularization but if the percentage of deviation is more then less chance of regularization.
Dear client,
yes, the 4th floor is not valid as it explicitly mentions the terrace area. It can result in either demolishing the building or levying a penalty for unauthorized construction.
Thank you
Since the approved plans show tht the 4th floor is a terrace then the building constructed i the 4th floor is illegal.
In that case you are not able to get A khata for this.
You may wait for the implementation of Akrama sakrama scheme to regularise the construction on the 4th floor.
