Dear Sir,
Shoba and Puruvankara are no different. The law is same for everyone. If they had obtained the layout plan approval for apartments, it is one single block, the plan is not for the sites or layout, it is for the group housing/apartments. The internal roads belong to the builder and later to all(association). Generally they are not more than 5 to 10 acres.
ecopackindia
akula wrote:Hi ecopackindia ,
what about the roads in gated community apartment projects like that of sobha, puravankara, etc.. ? Does the law say that these roads belong to public too ? if not what is difference between these and the gated layouts that sell only sites where you are saying that roads are for public use ?
@godisgood: I got to know about the developer from a close friend, who bought a house from the developer's earlier project. Based on this and looking at the progress of the earlier project, I am convinced to go ahead. But, I'll negotiate on the sale agreement amount anyway.
@rampi: Thanks for your advice. Are you referring to the builder asking for money before getting approval? I was also quite paranoid about this earlier. However, the same thing happened with my friend for the earlier project and he didn't face any issues. Also, as the builder is ready to sign a sale agreement, I am sure he can't run away just like that. Also, my friend told me that there will be explicit clauses regarding what happens if he doesn't get BDA approval.
@ecopackindia: Yes, I am aware that the roads and public space (~50% of the total area) should be developed and given to BDA. I think it's better if BDA takes over that place as they should be providing facilities that citizens get elsewhere in bangalore .I see the bigger advantage in the fact that there will be houses all around and people actually live there, which acts as a security.
[quote="harshablr"]Hi, If the layout does not have BDA approval, what is the guarantee that they will get it?????? / Check if the land is DC converted, if it comes under BDA limit, any notification from BDA, any road or other development planned under CDP, does it comes in yellow zone or green zone etc. I had bought a villa last year near Varthur which was approved by BDA in 2009 it self but unfortunately i selected the unreleased plot and these developer gave me and my family the toughest time of our life, they promised to get it released within 2 weeks and it took 7 months for them to finally get it released ,then they tortured us to pay money even without the release else threatened to cancel the plot, now they are giving me ever tougher time by delying the construction its more than 7 months a small villa is not been done,Please don’t get fooled the way i got, please ensure to get the documents checked by your lawyer before you pay even a penny to any developer.
Thanks
Hari
Hi Hari,
I checked the following with the builder (and am going to check the same with an independent lawyer):
DC conversion - Done
Zone - Yellow
BDA notification - Their earlier phase is some 100 mts away, and was not notified by BDA (so, they got BDA approval)
Can you let me know the name of the developer so we can careful with them.
As far my knowledge goes for getting BDA Approval is not that easy task for any builder, since there are lot of things which BDA looks at giving before approval, like there has to be some minimum number of parks and also some other aspects like road width inside the layout.....and there is no concept of Gated community, this is just a marketing term and used mainly to give a sales pitch!!! By looking at your questions I see there is a lot of risk in getting into such a transaction with any sort of builder or developer!!
Hi pursh_bennur,
Yes, I heard that getting BDA approval is difficult and takes a long time. I had a look at the layout plan. The total area of the plan is 8624.76 sqm of which the plots occupy 4557.88 sqm, which is 52.85% of the total area. In the plan, there are roads 9.55 m wide (31 ft). There is one central road cutting the layout in half and 5 smaller cross roads. In addition, he has put space for 2 parks and public utility which covers about 800 sqm (8600 sqft).
I understand that the roads and parks are for public access and hence it's not a true gated community. Is the risk you feel because the 10 lakh amount is too high? Or is it in signing an agreement before BDA approval itself?
I think the difference is whether the owners gets undivided share of land (as the apartment projects) or only the land (site) registered in his/her name exclusively (as layouts).
Can there be gated communities where the whole land is registered only in the name of the cooperative housing society and each villa owner has only shares in the housing society/undivided share of land. In this case I think the roads/common amenities are owned by the cooperative. In this situation, BBMP/BDA cannot force to open the gates.
harshablr wrote:Hi, If the layout does not have BDA approval, what is the guarantee that they will get it?????? / Check if the land is DC converted, if it comes under BDA limit, any notification from BDA, any road or other development planned under CDP, does it comes in yellow zone or green zone etc. I had bought a villa last year near Varthur which was approved by BDA in 2009 it self but unfortunately i selected the unreleased plot and these developer gave me and my family the toughest time of our life, they promised to get it released within 2 weeks and it took 7 months for them to finally get it released ,then they tortured us to pay money even without the release else threatened to cancel the plot, now they are giving me ever tougher time by delying the construction its more than 7 months a small villa is not been done,Please don’t get fooled the way i got, please ensure to get the documents checked by your lawyer before you pay even a penny to any developer.
Thanks
Hari
Hi Hari,
I checked the following with the builder (and am going to check the same with an independent lawyer):
DC conversion - Done
Zone - Yellow
BDA notification - Their earlier phase is some 100 mts away, and was not notified by BDA (so, they got BDA approval)
Can you let me know the name of the developer so we can careful with them.
Thanks,
Mutsilu
Sir its not right on my part to share any names,the fact is i curse my builder each moment, the intention is not to defame anyone my request is to please check with a lawyer having knowledge in land thas very important. i did check with an lawyer he was not good in land documentation and i am paying for that today.
getting any approval from govt is diffcult and will be diffcult even more not many politicians will have the courage to touch any land related files after the exit of our CM, in such case you sould be more carefull , it might sound crazy but if your builder is so sure of getting BDA approval in 6 months then ask him a give an pdc to you for the same amount, its not very safe but still al least you will have the cheque to fight in case.
Very Clear Q ? When a Layout said Getted Community, is DC converted and BBMP A Katha, fall under BDA, Should we require Approval From BDA even if It's 4 acres land, because layout approval is done only above 10 acres,
Hi Mutsilu,
Signing an sale agreement before BDA Approval is a risk! As I understand you are looking at residential plots...so first check you could do is check whether the DC Conversion for the land is done or not.
In my opinion if you know the builder/developer personally and his past, reputation etc then go ahead otherwise just back your plan for some time, once he gets necessary approvals then purchase even if 200 bucks etc. Once you paid your money then its your headache to get everything done as many builders makes delay as far they announce next project.
