Free FAR should be in sync with the laws

HT Estates - - HTESTATES -

What are the rights of home­buy­ers if a de­vel­oper de­cides to con­struct 26 floors where only 19 floors were to come up un­der the orig­i­nal lay­out plan in an­tic­i­pa­tion of the ad­di­tional 5% FAR he is to re­ceive once the project is com­pleted?

The is­sue of ad­di­tional FAR or green FAR has been clearly dealt with vide a judge­ment dated Novem­ber 14, 2013, says SK Pal, a Supreme Court ad­vo­cate.

Sec­tion 5 of the UP Apart­ment ( Pro­mo­tion of Con­struc­tion, Own­er­ship and Main­te­nance) Act, 2010 clearly lays down that a per­son by virtue of an al­lot­ment gets an un­di­vided right over the en­tire plot of land. Since FAR is cal­cu­lated in re­la­tion to the plot of land, the court had ruled that the FAR is di­rectly re­lated to the patch of land and hence the buyer’s con­sent for any changes made is im­per­a­tive. A builder there­fore, can­not get ad­di­tional or free green FAR.

“Noida Au­thor­ity, there­fore, needs to re­visit this 5% green in­cen­tive in the light of this judge­ment. This in­cen­tive clearly and di­rectly in­fringes into the rights of the allottees over the land (as the buy­ers’ share de­creases for which he needs to be com­pen­sated for) and sec­ond the struc­tural sta­bil­ity of the build­ing (in case an ad­di­tional floor is added to ac­com­mo­date the ex­tra 5% FAR) is com­pro­mised. The Noida Au­thor­ity byelaws also clearly pro­hibit any kind of ad­di­tional con­struc­tion to an ex­ist­ing build­ing. This in­cen­tive is in di­rect con­fronta­tion with the UP Apart­ment Act and Noida byelaws,” he adds.

The Act also lays down that the builder can­not change the plans of the project with­out the writ­ten con­sent of the allottees. The 5% ad­di­tional FAR is an eye­wash, a ben­e­fit in the garb of green and is in di­rect con­flict with pub­lic pol­icy, he says.

The au­thor­i­ties in­stead of of­fer­ing a 5% ex­tra FAR should give fi­nan­cial dis­counts on taxes in­stead, if the build­ing com­plies with the green norms.

The big­gest chal­lenge with re­gard to the ad­di­tional FAR is the way it is be­ing mon­i­tored, says Mili Ma­jum­dar, di­rec­tor, Sus­tain­able Habi­tat Di­vi­sion, TERI.

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