Free FAR should be in sync with the laws
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.