G+2 permission from Gram panchayat, but planning to buy in 5th floor flat. what are the consequences

The building in which you are buying a flat at 5th floor is approved for only G+2 so far. It means that builder is now taking a permission for increasing the height with additional storeys in it from the Directorate of town and country planning (DTCP) or Urban Development Authority (UDA) as the case may be in Bachupally Mandal which actually falls under Greater Hyderabad Municipal Corporation (GHMC).

The Panchayat can give approval only for G+2 levels. Please find from your builder about it and ask him to show the application form for the new construction or additional construction. Please note that there is a specific Building Regularisation Scheme (BRS) in Telangana state under which one has to apply for any additional construction and pay some fee also. In fact in the Govt of Telangana site in internet there are application form and calculators provided to calculate the fee for these additional construction. It is a very important step and if builder is not complying with it then I am afraid you will be taking a risk and once builder hands over this to you then the whole responsibility of paying this fee and penalty will be on your head. In extreme cases the local administration can take a view for demolition of unauthorised structures. It has happened at many places where builders are not complying with the existing rules and simply cheating the gullible public.

What I will suggest is talk to the other owners or perspective owners of these flats and take up the matter with the builder collectively. Pressurise him for taking up the permission and payment of the requisite fee. Today the atmosphere in our country is changing and is in flavour of the consumer. You can also collectively threaten him for complaint in case he does not get the things properly approved. If he is adamant do not take the risk and all of you can go to another builder.

Taking in 5th floor from a building which is having G + 2 permission from Panchayat is not at all a wise move. Whatever lands are under GHMC should have the approval for the construction. If you go for a construction without having proper approval from the Town and Country Planning department, you should not go for the construction. The builder may be planning for taking permission. So talk to the builder and see that all the required permissions are obtained for construction. Grammens bank may be giving loan but there will be a problem with GHMC afterwards. There are instances where 90% of construction completed buildings also are demolished by GHMC as they don't have correct permissions. In such case you have should not take any unwanted risk.
If anybody wants to go for deviations from the approved plans and want to construct more than what is approved, one has to get permission from Building Regularisation Scheme (BRS) in Telangana state under which one has to apply for any additional construction and pay a fee as per the pertaining rules and regulations.

Gram panchayat has only given permission to build two floors. Any number of floors constructed without taking permission will be considered as unauthorized construction. There is always a threat of demolition if a formal order of regulation is not obtained. Seek advice from a lawyer before purchasing a flat.

BRS stands for Building Regularization Scheme. To apply for the BRS scheme, follow these simple steps-
- `Register on the portal by entering email and mobile number,
- Select the municipality,
- Select menu and choose LRS and New Application,
- A form will be displayed. Fill it with required details,
- Print the application form that gets generated,
- Visit the municipal office. Submit the application form with necessary documents,
- After the documents verification takes place, the application number will be allotted through SMS. Any update will also be received,
- When confirmation is received, the remaining amount should be paid. BRS certificate will be issued.

If you are planning to buy a flat on fifth floor in a building where only G+2 floor permitted, firstly you should ask the builder to show the permission for building construction of 5th floor. If he doesn't have, then above G+2 building will be considered as illegal construction. And it comes under violation. I can't understand when you are already aware why you are planning to buy that floor. As without permission there will always be a threat of demolition. Further, builder can apply for addition construction with requisite fee submission under Building Regularization Scheme, which is already in force in State of Telangana,
Besides, I will also suggest to ask him all the documents like Environmental clearance, water supply, electricity supply, sewerage permission, etc. So that you never face any problem in future.

While having a flat with G+2 provision in the Telangana State, you have to go through the rules and regulations of either Urban Development Authority or the Directorate of Country Planning depending upon the place where you want to negotiate the flat.
You need to examine the following papers personally in order avoid future complications.
1) You have to ensure that the proper approval from the concerned authority has been taken for the extension of height under the G+2 provision. Never go by his tall promise that it would be approved soon.
2) At the same time look into the papers relating to Environmental - clearance, Compliance of Proper Sewarage System, Provision of uninterrupted water supply, Ensure the facility of Civil, Electrical and Mechanical - maintenance to be provided by the builder.
3) Ensure that the builder is not defaulter in terms of paying Income - tax.
4) Ensure his rapport in his bussiness dealings so that you may not invite any legal problem later on.
5) Though there is provision of getting the loan sanctioned through the Grammin Bank, but this should not make you relaxed. Enquire from the office of GHMC for its permission. In absence of that the building could be demolished.
6) See if the appropriate payment has been made to under the BRS scheme and any default in making such payment would lead to cancellation of further construction.

Do not buy until you get approval. Because later you can not sell. Buy property which are approved by nationalized banks. It is better not to invest than getting frustrated later. See other options and plan there. Or wait till property get sanctions till 5th floor.