Frequently Asked Questions: (Tentative)
The specific details will be published by the Government soon. But, in general the following queries are raised.
1). I own an apartment in the residential complex/apartment complex with 24/48 apartments and can I regularise my apartment?
Answer: It is difficult to regularise a single/individual apartment in an housing complex.
2). What are the documents required to be submitted for the regularisation?
Answer: Title Deed, EC, Survey documents, Sanctioned building plan, Structural stability report ( if the building has more than two floors or 20 feet in height), as it is building plan and the photos of the building.
3). Who has to submit the application?
If the association is formed, then the association has to pass an resolution and submit the application.
4). Who has to pay the penalty or fine for the deviation or violation?
The applicant has to pay the fine or the violation.
5). Our apartment has 5 floors, (G+4) and I purchased the legitimate or sanctioned portion of the apartment and why should I pay for the illegal or unauthorised portion or apartment in the complex?
This is a complex question. In case of an apartment, application has to be submitted as a single unit. This issue has to be settled among the apartment owners only.
6). Why can`t the developer/owner file the application?
Yes. The Developer/Owner can file the application, if the association is not formed.
7). Why should the owners pay the penalty, as we had not committed any deviation or violation or irregularity?
The developers, if they agree to regularise, they can pay the penalty and get it regularised. If the Developer is not agreeable or not available, then, the owner of the property has to get it regularised.
8). Can we initiate legal proceedings against the builder/owner?
9). What are types of deviation or violation?
a). FAR-Floor Area Ratio.
In general, on a 30 feet wide road, for residential purposes, the FAR allowed is between 1.5 to 1.75.
b). Height: 15 meters or 50 feet.
c). Setback: Buildings must have a clear vacant area between the compound and the superstructure like columns and this area is called the setback.
10). Our apartment complex has a panchayat sanctioned building plan and there is no deviation, is it necessary to get the property regularised?
Yes. Panchayats does not have any legal powers delegated to them to approve or sanction building plan other than a single or individual house with ground and first floor. The planning authority or the municipal corporation has the power to sanction or approve the building plan. It is an unauthorised construction, needs to be regularised.
11). Our apartment is built on agricultural land with panchayat approval, how can this be regularised?
If the land or the ground or the property is in agricultural zone or green zone or belt, it cannot be regularised. But, if the property is agricultural property, non converted and lies in residential zone of CDP map of the planning authority, it has be regularised by the change of land use and then the building has to be regularised.
12). We have more than 50% deviation from the sanctioned building plan, how to regularise it?
N O. It cannot be regularised unless and until, the deviation and violation is brought down or removed or demolished or cleared and brought to 50%.
13). There are 100 apartments and many of them have leased it out and are living out of the country and to get amounts from them is difficult, what to do?
The Government can do nothing. The other members of the association or the property owners must find out and request others to contribute.
14). We have penthouses built above 15 meters or 50 feet, how can this be regularised?
No. The penthouses has to be removed to be eligible for regularisation or have to obtain the following NOC from KSPCB, Fire and Emergency Services etc.
15). The builder has violated and sold the properties to us, why should we pay the penalty?
Request the builder to pay the penalty.