Saturday, April 18, 2009

Guidelines on buying a plot

What is a Plot?

A Plot, also called site, is a small piece of land with certain dimensions.

What is a Layout?

A layout is division of a large piece of land into a number of Plots. There shall be Open Site Reservation (OSR) at a minimum of 10 per cent of total area of layout.

Is just Panchayat Approval not enough ?

No. Approval without LPA or DTCP permission is NOT valid. This is true for both Town and Village Panchayat

How do I know if proper approval is given?

The approved Plan of the layout or site is affixed with seal of LPA or DTCP along with a reference number, date and signature by hand. In addition, local body also affixes its seal along with a reference number, date and signature by hand. If both these are present, approval is proper. Make an effort to check on these reference numbers with the respective authorities.

Is a separate Building Approval needed on already approved site?

Yes. Separate Building Approval is needed. Pre-requisite to this is plot approval.

I have purchased one site in a layout from a builder and got him build my house on it. He has given building approval plan only by Panchayat. Is this sufficient? I do not find OSR in the layout.

No. The layout should have been approved by LPA or DTCP first. It is not correct for Panchayat to issue building license without plot/layout approval. Had it gone for approval by LPA, OSR would have been provided. The house itself is now an unauthorised construction.

What is the requirement for approval of a housing plot?

First, it should gain access from a Public Road. Minimum plot size should be 52 feet by 20 feet.

In a layout, what is the status of roads?

In approved layout, all roads are public owned. Promoters are required to surrender road and OSR to local body by gift deed, before getting issued with a licence.

For what purpose can I use a layout site?

Usage of site is decided by approved ‘land use’ given to the entire layout. It can be residential, commercial, mixed, industrial or other as given in the approved layout plan. A Layout with house sites cannot be used for industrial purpose.

What details should be checked for buying a site in a layout?

a) Look for LPA or DTCP approval number and seal, and Local Body Licence number and seal. Do not accept mere ‘Panchayat Approval’ or ‘near DTP approval’, and not even just approval from LPA or DTCP. Final approval by Local Body is a must.

b) Check if usage of site is for residential or other purpose that you are interested in.

c) Check if area of OSR, marked as Play Area, Garden, Park or other, is at least 10 per cent of total layout area

d) Read all conditions attached to the approvals.

e) Get to know the status and purpose of land marked ‘Owners Site’.

f) Confirm, no development charge or other need to be paid while you apply for a building licence. Approach your local body office for verification.

g) Get Encumbrance Certificate and establish owner of your site. If it is not the layout promoter mentioned in the approval papers, ensure your sale deed is made by the current bonafide owner. The sale deed should have an attachment of a copy of approved layout plan clearly indicating dimensions of your site.

h) Clearly understand liability of the seller in case of any irregularities with the property and sale. You may consider including a compensation clause.

i) Get a legal opinion, before commitment.

S. KANAGASUNDARAM
PRESIDENT OF ASSOCIATION OF LICENSED BUILDING SURVEYORS, COIMBATORE.

Courtesy : The Hindu , Thanks to Mr. Kanagasundaram

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