Looking to buy an unsanctioned apartment

Community Forums Legal Advice India Looking to buy an unsanctioned apartment

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    • #3796 Reply
      Prostar3051
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        Prostar3051
        PARTICIPANT
        May 2, 2025 at 1:26 pm
        Hi,

        I’m 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 there’s a real risk of a demolition notice in the future. That said, I’m 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€” I’m more interested in how strictly and commonly this rule is enforced in practice.

      • #3801 Reply
        Swiftjagdish9808
        Participant
          S
          Swiftjagdish9808
          PARTICIPANT
          May 2, 2025 at 1:34 pm
          Why do you want to risk your money? When the government comes in and razes the floors later what will you do?

          • #3803 Reply
            Prostar3051
            Participant
              P
              Prostar3051
              OP
              May 2, 2025 at 1:41 pm
              That 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.

              • #3805 Reply
                Coolthinker3507
                Participant
                  C
                  Coolthinker3507
                  PARTICIPANT
                  May 2, 2025 at 1:53 pm
                  Apart 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.

                • #3804 Reply
                  Swiftjagdish9808
                  Participant
                    S
                    Swiftjagdish9808
                    PARTICIPANT
                    May 2, 2025 at 2:08 pm
                    First 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.

                    • #3806 Reply
                      Prostar3051
                      Participant
                        P
                        Prostar3051
                        OP
                        May 2, 2025 at 4:21 pm
                        how to check that? What kind of papers to ask from owner for this?

                        • #3807 Reply
                          Swiftjagdish9808
                          Participant
                            S
                            Swiftjagdish9808
                            PARTICIPANT
                            May 2, 2025 at 4:47 pm
                            The 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.

                  • #3800 Reply
                    Desibear1296
                    Participant
                      D
                      Desibear1296
                      PARTICIPANT
                      May 2, 2025 at 1:51 pm
                      Supreme court recently passed a judgement against unauthorised constructions that they would be razed without any second thought. I’d advise you to invest money wisely and at a place which you are sure is not unauthorised

                    • #3799 Reply
                      Urbanshashank2362
                      Participant
                        U
                        Urbanshashank2362
                        PARTICIPANT
                        May 2, 2025 at 1:57 pm
                        Lol..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.!

                        • #3802 Reply
                          Prostar3051
                          Participant
                            P
                            Prostar3051
                            OP
                            May 2, 2025 at 4:20 pm
                            I 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

                        • #3798 Reply
                          Urbanwolf2400
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                            Urbanwolf2400
                            PARTICIPANT
                            May 2, 2025 at 8:25 pm
                            Unrelated, 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.

                          • #3797 Reply
                            Mehulfox191
                            Participant
                              M
                              Mehulfox191
                              PARTICIPANT
                              May 2, 2025 at 9:37 pm
                              If you work a private job, I would say don’t 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 won’t have time for litigation when it comes to that.

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