As of the laws prevailing today, the top floor penthouse is illegal. If you decide to buy it, it is at your own risk. The builder would have tied up with some small housing finance company to provide you the loan. The HFL is only interested in getting high interest rate from you, if it is sufficiently convinced of your repayment capacity. If at all the penthouse gets demolished, you will still be liable to pay the loan amount.
Builder may say, the top floor will get converted or regularized once BBMP do Akrama Sankrama, and that you will have to pay fine of 2 or 3 lakhs around at that time.
The builder may have constructed a building with G + 4 Floors (Ground floor for Parking), where they have approval to build only for G + 3 floors.
Akrama Sakrama is not something you can rely on, as there is no definite time frame on when it will be implemented. Anyway, like most illegal penthouses in Bangalore, it is quite possible that you can get away without having to face demolition. But in case the new DC decides to go on a cleaning drive in that area, you never know the consequences. So, its a choice you have to make. Remember one more thing, today the builder is there to help you with loan etc so that you can buy the penthouse. But after 5-10 years when the time comes for you to sell the penthouse, only someone with a bag full of cash will be able to buy it, and at a good discount. Evaluate all such scenarios before going ahead.
RTI can be filed to the Public Information Officer of BBMP from here asking for following details for the survey numbers xxxxxxx of plot number xxxxxx of area in detail.
1) Sanctioned plan
2) Occupancy certificate
3) Legality of constructed penthouse
4) Rules under which construction is allowed
5) Name and designation of officer who is responsible for taking action against such construction?
Builder may say, the top floor will get converted or regularized once BBMP do Akrama Sankrama, and that you will have to pay fine of 2 or 3 lakhs around at that time.
The builder may have constructed a building with G + 4 Floors (Ground floor for Parking), where they have approval to build only for G + 3 floors.
Akrama Sakrama is not something you can rely on, as there is no definite time frame on when it will be implemented. Anyway, like most illegal penthouses in Bangalore, it is quite possible that you can get away without having to face demolition. But in case the new DC decides to go on a cleaning drive in that area, you never know the consequences. So, its a choice you have to make. Remember one more thing, today the builder is there to help you with loan etc so that you can buy the penthouse. But after 5-10 years when the time comes for you to sell the penthouse, only someone with a bag full of cash will be able to buy it, and at a good discount. Evaluate all such scenarios before going ahead.
RTI can be filed to the Public Information Officer of BBMP from here asking for following details for the survey numbers xxxxxxx of plot number xxxxxx of area in detail.
1) Sanctioned plan
2) Occupancy certificate
3) Legality of constructed penthouse
4) Rules under which construction is allowed
5) Name and designation of officer who is responsible for taking action against such construction?
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