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I purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

- by Narayana Prakash, Sanjaynagar, Bangalore

You have not informed who has approved building plan, whether local authorities like BMP, CMC or BDA.  BMP and CMC may approve the plans of building with ground + 3 floors and anything beyond has to be approved by BDA.

As the approved plan is only for ground + three floors, the developer cannot add any further floors, which becomes unauthorised. Any deviation in approved plans and specifications of the building after disclosing the approved plan to the purchasers and execution of sale agreement requires the prior consent of all purchasers as per Karnataka Ownership Flat (Regulation of the promotion of construction, sale management and transfer) Act 1972,  All the owners/purchaser may collectively represent to the plan sanctioning authority about the deviations and also to the fire force for not providing firefighting equipment.  If there is any deviation from the plan it is not possible to get the occupancy certificate, which is required only for high-rise buildings.  There are many apartment complexes which have not obtained occupancy certificates.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I purchased a first floor flat from a promoter. From the second floor water is leading into my bathroom. Shall I ask the promoter to rectify the defect or the second floor owner? What is the remedy? Can I file a case against the promoter?

Q:- I have immovable properties in Mumbai, Bangalore which are let-out, now I require them for my business. Please inform me, in general, the grounds for eviction of my tenants?

Q:- This query is about undivided land in apartments building. What care should be taken above the undivided land while purchasing a flat? Should we register this also while purchasing the flat? Can we construct an independent house after the flats are demolished?

Q:- I am staying in a rented apartment. As per the terms of the rental agreement, I issued 3 month's notice to the landlord. The land¬lord says he cannot refund the security deposit till he finds a new tenant. He is suggesting me to vacate the apartment. If I vacate the apartment I may not get the deposit back. If I do not vacate he will go on adjusting the rent against the deposit, which I do not want. Please suggest a way out to solve the problem.

Q:- I have entered into an agreement to sell to buy a flat.  Now the builder insists that I pay service tax, sales tax, electricity and BWSSB charges, stamp duty, registration charges corpus fund for association which will be nearly 25% more than agreed flat rate.  Whether I am liable to pay all the charges or not kindly clarify.