Does the building have occupancy . Certificate
2) kindly clarify
Can i buy a 13 yrs old apartment (3rd floor) very close the drain (rajakaluve -2 Mtr ) in Bangalore
Dear lawyers, Thanks in advance, I'm planning to buy a 2BHK flat in Aishwarya Crystal layout ,Bangalore the apartment which is very near (less than 1 mtr Distance) from the Drain ( SWD- rajakaluve- Width 2 Mtr ). The apartment is 14 years old and constructed in 4 floors. I'm not sure what is the current rule passed out, some say. I'm really confused, please help me out for flat purchase I'm planning to go for 50% loan from bank. Please provide me concrete information for the same and is it good discission for future? Thank you all. With best regards,
Asked 2 years ago in Property Law
Religion: Christian
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6 Answers
Any clogging of the stormwater drains leads to severe problems in the city's drainage system. Construction activity within the 25-metre range of Rajakaluve is strictly prohibited. Check thoroughly that the property of your interest is nowhere within this range.
BBMP has informed that the safe or minimum distance (buffer zone) from storm water drain or rajakaluve is being adhered to with respect to the Primary, Secondary and Tertiary drains as per the Revised Master Plan – 2015 which is 50 m, 25m and 15m respectively from the centre-line of the drain.
You can obtain a proper legal opinion before buying the property
Hi, If the property is too close to Rajakaulve then don't buy it. Suppose if you willing to purchase for the same as per my experience, No Nationalised bank or reputed private bank will not offer loan to you. It is better you can avoid the same.
1. As per your narration, the apartment building is just 1 mtr from the Rajakaluve , that means to say that the apartment building is constructed on buffer zone.
2. Anyday if there's flooding from the Rajakaluve (SWD), the authorities may take legal action against the builder/owner, resulting in losing your hard earned money.
Dear client,
It is important to use caution when purchasing real estate in Bangalore close to a stormwater drain (SWD). The National Green Tribunal Act restricts development to a set distance away from stormwater drains in order to protect the environment. Make sure the property complies with the requirements of the Karnataka Municipal Corporations Act, which stipulates that setbacks from drains must be observed. The building may have complied with standards at the time because it was 14 years old, but you should confirm its current state. Furthermore, it could be difficult to obtain a loan for a property of this type because banks frequently won't finance houses that are close to bodies of water. Consider the potential impact on resale value and future developments in the neighborhood. A well-informed decision must weigh the advantages and disadvantages of the long term against the affordability of the option now.
Hope this helps you.
It’s better you file an RTI in the corporation and find the legality before its purchase
