Chennai Metropolitan Development Authority (CMDA) recently sealed a building in Kottivakam for unauthorized construction. The builder, who had received permission to construct two floors with six residential units, instead constructed eight units. Cases involving unauthorised or illegal construction have become prevalent in the city, making it difficult for home buyers to determine the legality of the property.
In such a scenario, Magicbricks takes a look at several checks, home buyers in Chennai should be aware of before buying a property. To start with, the CMDA itself has provided the following advice for home buyers:
1. Check whether the details of approved plan have been displayed at the CMDA site 2. Check whether the flat has been constructed as per the approved plan 3. Check whether the completion certificate issued by the CMDA has been obtained after the completion of the building
Atulay Nehra, owner, Atulay Nehra Consulting, a legal consultant firm, advises, “Buyers must always ask for the copy of the master plan from the developer along with the copy of the approval he has received from the concerned authority. The development can only be according to the FAR permission received, which cannot be altered. If the developer says that he is in the process of getting an approval, staying away from such a project is best advised.”
“Sometimes, by pinching off space from designated open spaces, children’s play areas, compound perimeters and guest parking areas in an originally approved plan, an unscrupulous developer can make a limited plot yield more saleable space. Consumers should be aware that a certain degree of due diligence and awareness about their rights can protect them against unscrupulous practices by developers. The developer’s sales team will usually present a buyer with a ready-made agreement format, and a buyer must ensure that this captures every relevant detail. If it does not, the buyer is fully entitled to ask for missing details to be included in the agreement, and potential grey areas to be clarified. A copy of the final agreement must be retained under any circumstances, as this will serve as the primary evidence in a legal action filed for agreement violations,” says Anuj Puri, chairman and country head, JLL India.