Steps to be followed before buying New Apartment | Apartment Buyers Beware

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Steps to be followed before buying New Apartment:

Most of the first time apartment buyers are under the impression that Apartment has to be from reputed builders , in Good locality and free from all litigation’s.

Don’t blindly go by Legal opinion of Bankers and assume the risk is taken care and as a buyer I needn’t verify the same. Banker will just verify the legal status of the land and a brief scrutiny of building. As a perspective buyer one must follow the steps given below:

1.Take whole set of documents of the property with Approved plan of BBMP or any other competent authority.

2.Visit Area Revenue office to verify the documents and any case pending against builder for plan violation (If there is any violation in plan BBMP will not issue Occupancy certificate without which getting A khata legally is not possible) , even one can apply for needed documents using RTI act as well but response will be bit slow. Always contact Engineering section of BBMP for any matter relating to OC or notice of litigation pending.

3.Get one Good Advocate who has good knowledge in real estate matter and ask for legal verification of documents. Don’t hesitate to spend money on legal opinion when you are buying lakhs of worth apartment or property.

4.Don’t assume that Nationalized Bank has funded my property and has done legal verification and I am making safe investment. As a prospective buyer exercise due caution to see if the building is as per Plan or what is the percentage of deviation. If the deviation percentage is more you will be given Khata B only.(B khata is that, you will not get building license, trade license or loan from banks or any other financial transactions.)

5.Apartment buyers looks for undivided share as mentioned in your sale agreement. Simple calculation will be like this if you count the total undivided share of all flat owners it has to be equal to total plot area. If not ask builder for clarification.

6.Don’t buy Apartment with Pent house. Most of the Apartment pent house will not have plan sanctions and will be considered as illegal which will affect your Khata obtaining process. You will not get Khata A.

7.Insist on buyer to add a clause relating to obtaining Occupancy certificate and A khata in your sale agreement . It will be a legal binding on the part of the builder to abide by building plan and as an Apartment buyer you need not have to struggle in obtaining Khata.

What is Occupancy certificate ?

Every person shall before the expiry of five years from the date of issue of license shall complete the construction or reconstruction of a building for which the license was obtained and within one month after the completion of the erection of a building shall send intimation to the Commissioner in writing of such completion accompanied by a  certificate in Schedule VIII certified by a Registered Architect / Engineer / Supervisor and shall apply for permission to occupy the building. The Authority shall decide after due physical inspection of the building (including whether the owner had obtained commencement certificate as per section 300 of the Karnataka Municipal Corporations Act, 1976 and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high rise buildings at the time of submitting application) and intimate the applicant within thirty days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected. In case, the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan.

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