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Risks of buying a house with a deviated plan


19-Aug-2023 (In Property Law)
Dear Lawyers, I request your suggestion on buying an under construction builder floor apartment violating approved design plan and violating FSI in chennai. The builder has built an extra bedroom deviating from the approved plan. The FSI of the area is aroung 1.95. The builder says eventhough the current approved FSI is 1.5 in future it will be increased to 2. The apartment is in a good location and the builder has built many apartments in that area. The deviation in approved plan is the only deal breaker. What should I do? Should I let go of this property or accept what the builder says? If so what are the legal consequences? Please help. This is our first home. Thank you.
Answers (2)

Answer #1
817 votes
The offer is very tempting but once you buy the flat the builder vanishes from the scene and the buyer has to face the consequences . If you want to take risk you can buy but remember we are entering a new era where violations are not going to be ratified like the earlier years.
Answer #2
555 votes
It is advisable not to evince interest in any property where plan deviation is there. the promoters may lure you into buying it on false assurances. It is better not to get carried away and fall into such traps unwittingly.

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