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Any violation or deviation leads to no other choice than demolition. As per the Development Control Rules (DCR), the permissible total built up area in any project is a proportion of the total land area and this proportion depends on the road width, frontage, locality etc. Any project exceeding this permitted built–up area will be a Deviation and liable for Demolition. In some cases it is the quality of construction itself. Even newly constructed buildings which do not adhere to Standard Building Codes / Construction Practices sometimes tumble down like a deck of cards posing grave danger to the inhabitants. So think wisely and spend some time before you buy a new home to ensure that your dream home is built as per norms. After all, you cannot loose your hard earned money.
A building permit is a permit required in most jurisdictions for new constructions, or adding on to pre–existing structures, and in some cases for major renovations. Generally the new construction must be inspected during construction and after completion to ensure compliance with national, regional and local building codes. Failure to obtain a permit can result in significant fines and penalties and even demolition of unauthorized construction, if it cannot be made to meet the provisions of the code. For Properties within Chennai limits, The Corporation of Chennai is the competent authority to accord the approval, whereas the Local Municipality or the Panchayat are the competent authority for property outside city limits. The building permits are accorded once the planning permit is received from the competent authority.
We strongly recommend that the Purchaser should pursue the original title deed of the property along with the related parent documents to verify the legal right of the Builder to sell the property. Do also verify the power of attorney executed in the favour of the Builder to develop and sell the property. Copies of these documents should be insisted upon for your record purpose as in future if you propose to transact or deal with your apartment, proper documentation shall play a vital role.
Any building needs to be constructed as per approved plans without any deviations and violations. Obtaining the Completion certificate ensures that the developer has constructed the building as per approved plan. Buildings should be certified as having been constructed in compliance of planning permit, building permit and other applicable laws. Electricity, water connection and occupancy should be conditional on such a certificate.
Documents that need to be scrutinized prior to purchase of home includes title of property, encumbrance certificate, revenue records including patta, chitta, adangal, area statements detailing the carpet area, built up area, common areas and amenities areas. That apart, planning and building permits, soil and water test reports, structural stability certificate, draft of the agreement for sale and construction agreement, completion certificate post the completion of construction etc, are the important documents a buyers needs to scrutinize before buying a home.
The draft copy of the Builder's Agreement is the one of the most key pieces of document that any home buyer needs to study. You need to check if the agreement is one–sided in favour of the builder. Usually the fine print on the ownership of the clubhouse, internal roads, terraces and open spaces and formation of the society is always a bit nebulous. It might help to take professional advice as home buying is a lifetime decision. No point in making a mistake and regretting it all your life.
An encumbrance, as it pertains to real estate means, anything that burdens title to the property. An encumbrance can be a mortgage & loan, lien or a restriction that limits the title. An encumbrance can involve money, but not always. When buying an apartment, land or house, it is important to confirm that the property does not have any legal dues. A prospective home buyer must ensure that the property he intends to buy has clear and marketable title. The encumbrance certificate certifies that the property is not mortgaged and has no legal dues. The encumbrance certificate for property is available from sub–registrar office where the deed has been registered. One can apply for encumbrance certificate online at www.tnreginet.net.
Floor Space Index (FSI) is the ratio of the total floor area of the building to the size of land of that location or the limit imposed on such a ratio. Thus an FSI of 1.5 would indicate that the total floor area of the building is 1.5 times the gross area of the plot on which it is constructed. Any deviations in the FSI that leads to the violation of the required set back distances or the height of the building, which is against the statutory norms, can result in the demolition of the structure.
Non Resident Indian (NRI) is a citizen of India residing outside India. A NRI may acquire any immovable property in India other than agricultural / plantation / farm house. He is also permitted to transfer any immovable property in India to a person resident in India. The purchase shall be made out of funds received in India by way of inward remittance from any place outside India or funds held in any Non Resident (NRE/NRO) account maintained in accordance with FEMA and regulations of Reserve Bank of India. NRI can avail housing loans from Housing Finance Institution in India for purchase of residential accommodation. Such a Loan shall be repaid by way of inward remittance through normal banking channel, by debit to NRE /NRO account or out of rental income from such property. Subject to the provisions of FEMA Act, NRI shall repatriate outside India, the sale proceeds of residential property held in India.
Rain water is harvested to conserve and augment the storage of ground water, to reduce water table depletion to improve quality of ground water, and to arrest sea water intrusion in coastal areas. For recharging ground water, rain water may be harvested by two ways: Rain water that falls on the terrace of the building and in open spaces around the building. Roof top rain water can be diverted to the existing open / bore well. Along with this, rain water available in the open spaces around the building may be recharged into the ground through the following simple effective methods: Percolation pits (Small houses), Recharge Trench (Big houses /apartments), Recharge wells (Large buildings / Industries).
Today's market dynamics have changed from Caveat Emptor (Buyer Beware) to Caveat Vendor (Seller Beware). Any product we buy, from Car to Refrigerator, we ensure to check out what kind of after Sales Service the companies offer to ensure the longevity of the product. Then why not check the same when we are doing a lifetime investment? Like all products an apartment too undergoes wear and tear over a period of time. Timely and efficient support from the Builder always helps to maintain your apartment in good shape. Hence while buying a home check out the credentials of your Builder not just for the Quality of Construction but also for the After Sales Support from existing customers.