Ask builder to get plans modded died from BBMP
if no structural alterations are carried out builder can amalgamate the 2 flats
you will have to pay separate maintenance fir 2 flats
Amalgamation of two flats into one in Bangalore
Hi, I am purchasing an under construction property, we are looking at a 4bhk and the builder has said they are amalgamating two 2bhks to build a 4bhk in two of the 9 buildings. The original plan sanctioned does not have the layout for these newly proposed 4bhk but the builder is saying that this modification does not impact the structure, building plans, total carpet area or the common area. It's essentially breaking the common wall and creating a bigger flat. That said, we will have to go through two registrations, two khatas, two maintenance etc. All of the above has been documented by the builder in the sale agreement, however they have also suggested that after construction they may seek approval from BBMP on the as is plan. My question is, is there an issue in signing up to a property like this? Can BBMP create an issue later?
Asked 3 years ago in Property Law
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9 Answers
This is only an internal modification Corporation will not have any issues. For the purposes maintenance and other legal implications it will be treated as two flats. At the time of sell you need to get the buyer for two flats.
No they will not make any problem unelse it's not hurting to layout buliding structure etc if you're taking permission before registration than its better. Bcoz in future it will be treated as one flat.
1. As long as the load bearing walls and/or pillars are not touched, the civic body will not interfere during the renovation of a flat.
2. Only the Toilet and Kitchen areas can't be shifted as it may cause leakages in neighbouring flats.
3. Obtain permission from the Resident Welfare Association.
4. The changes have to be shown by the Architect in the sketch.
5. The BBMP has to approve the revised plan incorporating the amalgamation of flat.
- Merging of Two Flats is not allowed under the BBMP Laws, hence you should take approval before amalgamating the two flats into one.
- Hence , at the time of construction the builder should take permission for the same from the competent authority i.e. from the Municipal corporation.
- Further, the builder should also enter into an agreement after showing as one unit , so that you can pay the maintenance for one unit.
- Further, if the municipal record, and agreement will show as one unit, then society cannot charge maintenance for two units.
Most states in the country prohibit the merging of two adjacent flats, to make a bigger apartment. Some that allow such modifications, ask the owner to obtain necessary permits, for such a change.
If you have obtained the khatha following the procedures laid down and got it amalgamated and also NOC from BDA obtained, then it may be considered as complete.
The permission from BBMP for modification of two flats to one has to be obtained by the builder before he completes the process and executing the sale deed.
If for all the purposes it is still considered as two flats then you are liable to pay maintenance for two units.
The changes have to be shown by the Architect in the sketch.
The BBMP has to approve the revised plan incorporating the amalgamation of flat.
A the time of construction the builder should take permission for the same from the competent authority.
Without proper permission from the authority concerned, the amalgamation may not be considered as legally valid
I dont see any problem
Only that at the time when you sell you will also have to enter into 2 sale deeds with your proposed buyer
If the sanctioned plans reflect only 2 bhks and no 4bhk then ensure that the builder takes care of the Municipal corporation before applying for OC
Because before OC is issued the Municipal officer comes for an inspection and only if the construction is as per the plans and other terms of construction contained in the various permissions granted to the builder, would the corporation issue an OC
So that should be the builder's headache
The carpet area of the 2 units which are being amalgamated would essentially remain the same if the common dividing wall is removed
Dear client, Most states in the country prohibit the merging of two adjacent flats, to make a bigger apartment. Some that allow such modifications, ask the owner to obtain necessary permits, for such a change. In Bangalore No approval required from the BBMP and BDA , only permission from the society .
Yes, there is every likelihood of BBMP raising objections in future on the grounds of deviation from the approved plan. Better to insist that the builder obtain the modified building plan approved by BBMP.
