It is a hundred percent deviation from the approved plan.

The risk is that the GHMC may issue a demolition notice and do it anytime.

Therefore you may better obtain a legal opinion from a local lawyer and proceed only when recommended

Don’t purchase the flat as it is unauthorised construction 

flat can be demolished by the authorities 

Purchasing a flat on the 4th floor of a building that has GHMC approval only up to the 3rd floor carries significant risks. The Greater Hyderabad Municipal Corporation (GHMC) has the authority to take action against unauthorized constructions, which can include demolition or penalties. Relying on potential future regularization schemes, such as the Building Regularisation Scheme (BRS), is uncertain and may not materialize. Additionally, obtaining home loans for such properties can be challenging, as financial institutions typically require proper approvals. Investing in a property without the necessary approvals can lead to legal complications and financial losses. It is advisable to purchase properties that have all requisite approvals to ensure a secure investment.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it.

Thank you.

Shubham Goyal.

Realtors and flat promoters entice buyers with such marketing gimmicks. Please do not fall a prey to such tactics. Do not evince any interest unless GHMC approval is there.

- According to the GHMC Act of 1955, all buildings within its authority must seek consent from the GHMC

- Further , any construction without the GHMC permission can create a trouble to the extent of demolition. 

- Hence, you are not suggested to purchase that flat , even if the LIC is ready to sanction loan to you. 

Dear Client,

It is not advisable to purchase a flat if it does not have approval from GHMC for the concerned floor. It is a huge legal and financial risk. However, builder's assurance about future opening of BRS is speculative and may depend on government policy. They may not open or approve your flat in the future. Unauthorized constructions can invite penalties, demolition notices, or delay in availing basic utilities like water, electricity, and registration of property. Even in case of an available home loan, no financial institute can guarantee any legal compliances, and issues might rise during resale or transfer later on. Thus, before investing or finding a piece of property, proper GHMC-approved documentation should be insisted on and clear approvals to prevent long-term hassles. Though such practices are very common in Tolichowki, it is dangerous and cannot be overlooked.

Hope you find this answer beneficial for resolving the dispute. 

It can create hassles later and you need to get t regulalariised if any scheme of corporation is in existence 

Don't buy flats without proper permissions. That's not advised at any time. Builder is partly correct in saying that the government may regularize but it's Government's discretion, not a matter of right. Courts are serious about illegal constructions. Better buy any alternate property instead of such a risk investment.

Avoid purchase of flats in building which does not have OC 

OC implies building has been constructed as per sanctioned plans 

An Occupancy Certificate (OC) is a crucial document to have when buying a flat because it ensures the building is safe, legal, and suitable for habitation: 

The OC guarantees that the building was built to meet safety standards and guidelines, including fire safety precautions.

The OC confirms that the building was constructed in compliance with building regulations and bylaws.

An OC can increase the resale value of the property.

A lender may ask for an OC when you apply for a home loan for the property

A building without an OC is considered illegal, and the local authorities can evict residents or even demolish the property

 The OC is a mandatory document issued by the local municipal authority or relevant governing body,

OC is a must. Do not be misguided by the promoters' assurances. Do not evince interest unless the OC is obtained by the promoters.

Best of luck 

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Further, as per RERA,, A builder cannot give possession to buyers without OC.

You're welcome, and I'm glad to hear the information was helpful!

Regarding the Occupancy Certificate (OC), it is indeed an important document. Here’s why it's crucial and what you should consider when the OC is not yet issued:

Why is the Occupancy Certificate Important?

1. Legal Compliance: The OC certifies that the building has been constructed and completed according to the approved plans and complies with all the regulations set by the local municipal authority. It ensures that the building is suitable for occupancy, which is essential for the safety and legality of living in it.

2. Essential Services: Having an OC often ties into the provision of essential services like water, electricity, and sanitation. Local authorities may restrict the official connection of these services until the OC is issued.

3. Loan Approval: Most banks and financial institutions require an OC for loan approval. If you plan to apply for a mortgage or sell the property in the future, having an OC can be crucial.

4. Resale Value: Properties with an OC generally have a better resale value and are more attractive to buyers, ensuring fewer complications in the selling process.

Should You Avoid Properties Without an OC?

• Risk Assessment: Buying a property without an OC does carry risks, primarily if the builder fails to obtain it in the future. There may be underlying issues or deviations from approved plans that could delay or prevent the issuance of the OC.

• Builder's Promise: If the builder promises to obtain the OC within a few months, it’s essential to assess the reliability and track record of the builder. However, promises can be delayed or unfulfilled due to various factors outside the builder's control.

Protective Measures If Considering Purchase:

• Conditional Agreement: If you are strongly considering the property, you might negotiate a conditional agreement where the final purchase is contingent upon the issuance of the OC. This can protect your investment and ensure you don’t end up owning a property without essential legal approvals.

• Legal Review: Have a property lawyer review all documents and the terms of purchase. The lawyer can help ensure that your rights are protected, particularly regarding the contingency for the OC.

• Escrow Arrangement: Consider an escrow arrangement where your payment is held in an escrow account until the OC is delivered.

In summary, while purchasing a property without an OC is generally advised against due to the associated risks, if you find a property that meets all other criteria and you have confidence in the builder’s ability to secure the OC, ensure that your investment is protected through legally binding safeguards.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.