Community › Forums › Legal Advice India › Looking to buy an unsanctioned apartment
- This topic has 11 replies, 7 voices, and was last updated 1 year, 1 month ago by
Swiftjagdish9808.
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PProstar3051
PARTICIPANT
May 2, 2025 at 1:26 pmHi,Iβm looking to buy a ready-to-move apartment on the 6th floor of a G+7 building (1.5 years old construction). However, the issue is that the building is only approved up to G+2. No banks are willing to offer a loan on this, except for a couple β and that too only through agents.
This is clearly a red flag, and thereβs a real risk of a demolition notice in the future. That said, Iβm aware that in Kolkata and Howrah, this kind of construction is quite common β where the top few floors are unapproved, but still somehow get passed by the local corporation.
Also, this particular flat is one of only three still available; the rest have already been sold and are occupied (3 flats per floor).
So, my question is: if the majority of people are buying and living in such flats, is it really a risk? Or am I just being overly cautious?
Has anyone actually come across a real case where unapproved top-floor flats were demolished, sealed, or occupants were legally asked to vacate?
I already understand the legalities β Iβm more interested in how strictly and commonly this rule is enforced in practice.
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SSwiftjagdish9808
PARTICIPANT
May 2, 2025 at 1:34 pmWhy do you want to risk your money? When the government comes in and razes the floors later what will you do?-
PProstar3051
OP
May 2, 2025 at 1:41 pmThat is a possibility I already know of.But do you know of any real life case of this happening?
Almost ever standalone apartment exceeding 4-5 floors have has their top floor apartments unapproved, yet people have stayed and are staying peacefully in them.
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CCoolthinker3507
PARTICIPANT
May 2, 2025 at 1:53 pmApart from that possibility, it would be very difficult to sell the flat if you later needed to. Most people depend on loans and wont be able to buy it. -
SSwiftjagdish9808
PARTICIPANT
May 2, 2025 at 2:08 pmFirst check if the regularisation has been done. If it has been regularised then banks shouldn’t have any problem in giving loan. If the builder is saying he will get it regularised after you buy it, then it is a ticking time bomb.-
PProstar3051
OP
May 2, 2025 at 4:21 pmhow to check that? What kind of papers to ask from owner for this?-
SSwiftjagdish9808
PARTICIPANT
May 2, 2025 at 4:47 pmThe CC of the building should have that ideally. Get in touch with a lawyer. They will be the best person to guide you in this.
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DDesibear1296
PARTICIPANT
May 2, 2025 at 1:51 pmSupreme court recently passed a judgement against unauthorised constructions that they would be razed without any second thought. Iβd advise you to invest money wisely and at a place which you are sure is not unauthorised -
UUrbanshashank2362
PARTICIPANT
May 2, 2025 at 1:57 pmLol..its illegal and you still want to take risk. 99% time no one will bother that 1% chance of getting into problem will ruin you.!-
PProstar3051
OP
May 2, 2025 at 4:20 pmI know but the thing it is availabe very cheap.Also, as I mentioned, only less half of all occupied flats are sanctioned, everyone else is staying happily without any action yet.
I just want to see any one comment that mentions any instance involving demolition or vacating any occupied flat
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UUrbanwolf2400
PARTICIPANT
May 2, 2025 at 8:25 pmUnrelated, but a couple high rises were razed in kochi, kerala due to violating regulations.Kolkata real estate is kinda cheap, if you are looking into apartments. I bought a 3 BHK with covered parking for an all inclusive of 40Lakhs.
My advice to you is , don’t take risks. Widen your horizon and you may get better apartments.
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MMehulfox191
PARTICIPANT
May 2, 2025 at 9:37 pmIf you work a private job, I would say donβt buy it. Logic is these type of flats are purchased by government employees working for local corporations and they rent them out. Or by builders friends, or people having a lot of time for litigation. If you work a private job, you wonβt have time for litigation when it comes to that.
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