Buying Sites, Houses In Illegal Layouts Is Risky

Buying Sites, Houses In Illegal Layouts Is Risky
The Times of India

Bangalore: If you are planning to buy a property, ensure it isn’t located in an illegal layout. If the government doesn’t regularise these layouts, then properties could be demolished. To avoid such traps, make sure you have all necessary documents.

Nearly 715 revenue layouts are termed illegal with 1.95 lakh sites, layouts developed in green belt area, on revenue lands, bang on storm water drains. And the threat of demolition of the properties looms large.

The BDA recently issued a new list of 13 illegal layouts. This clearly indicates that property investments in Bangalore are becoming risky.
So far, BDA has identified over 125 illegal layouts, majority of which have come up in the CMC areas, and has cautioned the public against investing in them.

It was the Bangalore Metropolitan Task Force (BMTF) which brought to light the illegal layout scam. It investigated and found that layouts mushrooming at an alarming rate on the outskirts were illegal. It listed out 13 such layouts developed under Yelahanka and K R Puram CMCs spreading over 150 acres.

The CMC areas have been the best bet for the layout developers as the local municipal body is normally inefficient and does not check such unauthorised constructions.

“We keep informing people about illegal layouts, documents that have to be checked before investing in a property. But still, in a hurry to own properties, people end up in a mess. Once the sites are developed and ownership is handed over, the developers vanish from the scene,’’ said BDA officials.
It is the local planning authority which can sanction layout plan in Bangalore — the BDA whose jurisdiction is 1,247 sq km. Beyond this, the planning authority is BMRDA, Bangalore International Airport Area Planning Authority, Nelamangala, Kanakapura Planning Authority, Magadi Planning Authority or Bangalore Mysore Infrastructure Corridor Area Planning Authority.

The CMCs are empowered only to sanction buildings with ground plus three floors. Anything beyond this will have to be sanctioned by the respective planning authorities. The KPCB will have to issue a NoC for any property with a sewage discharge of over 50,000 litres or with over Rs 50 crore investment.
Checklist

Golden rule: See the original approvals with signature of the competent authorities. Validate the title deeds by a lawyer * Alienation plan (land conversion order) * Layout plan approved by BDA/BMRDA/BIAAPA/NPA/KPA/MPA/BMICAPA depending on the jurisdiction. * Relinquishment deed (for open spaces) * Release certificate from the competent authority, where 60% of the site will be released soon after the open spaces are surrendered * Correct dimension report from urban development or planning authority * Encumbrance certificate for 13 years from sub-registrar’s office * Tax paid receipts * Khata * Sale deed * Documents tracing origin of the title * Endorsements from the KIADB, BDA confirming that the layout area has not been proposed for land acquisition for any project as on date (this applies to properties in Bangalore periphery) * Survey sketch, tippany and akarbandh issued by the department of survey and land records