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Deviation from approved plan not acceptable

My builder has got an approved plan for 3 floor (each floor 990 sqft plinth area) construction in which one 2 bhk house is approved for each floor, but he is planning to construct 2 1bhk houses in the same area of each I and II floors without any space deviation and one bhk on ground floor and rest for car park. Will it be considered as deviation and against approval? Any problems in registration?

Ashok.

Our panellist, Mr. R.L.Narayanan replies: When the approvals are obtained on the basis of facts provided to the authority and a plan, any other mode of construction other than as approved, would be a deviation or violation as the case may be. In the case that you have referred, there may be a major violation although the total built up area has been retained in each floor. You may take a considered decision on this, after ascertaining various aspects relating to approvals

Proper move

I planned to purchase a vacant land which cost about Rs 300 per sq.ft (Market Value). I applied for a loan in one of the banks and they also agreed to give the loan. The guide line value of the land comes to about Rs 120/sqft.Can I register for the market value itself, so that I can avail loan amount to maximum, as I cannot afford to pay the seller if I go for guideline value.

Sathish

Mr. Narayanan replies: You can register the property for the entire value. Practically, there could be certain resistance for this kind of registration owing to various factors including the fact that this may result in increase of the guideline value itself. However, the option of registration at the same value as the transaction cost is not only possible, but is also the proper thing to do.

Car parking

I own a ground floor flat in Kolathur, We have total common area of approx 14363 sqft, in which the builder had not allotted or showed any parking area for a two-wheeler or four wheeler. No sale deed has a word or sentence mentioned about the parking area.

We are totally 34 flats. Only 6 flats are on the ground floor. The ground level is very high, Some of them are parking their cars near the windows which is blocking the natural air passing through the windows. We had complained to the association to remove the window side parking.

Sujatha B .

Mr. Narayanan replies: The general practice, in case of various apartment complexes is that car park is allotted in a convenient manner by the builder. Often, this is done in parts of common area by making markings on the ground. If this method provides for a specified parking slot that results in a certain amount of orderliness and does not cause hindrance to a majority of the occupants , then this often becomes acceptable under workable method of allotment.

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