LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

I am plan­ning to con­struct a farm­house on a farm that I own in Delhi. I want to build a base­ment that will sub­sti­tute as my per­sonal of­fice space. What is the pol­icy re­gard­ing floor area ra­tio of base­ments?

—Akash Gaur Ac­cord­ing to the Master Plan for Delhi 2021, the per­mit­ted floor area ra­tio or FAR for dwelling units con­structed on a farm house (with min­i­mum plot area of 0.4 hectares) is 20 (with­out ad­di­tional charges). With ad­di­tional charges it is be­tween 20 and 30. A base­ment con­structed for nor­mal habi­ta­tion will be counted to­wards FAR. How­ever, a base­ment used for recre­ational pur­pose, home of­fice, stor­age, park­ing, ser­vices and util­i­ties in­stal­la­tion will not be counted in FAR. Thus, if you want to use the base­ment of your house as your of­fice it will not be counted in FAR.

I had booked an apart­ment in a flat be­ing de­vel­oped by a builder. I have also signed the buy­ers’ agree­ment. Due to some fi­nan­cial ex­i­gen­cies, I am un­able to pay the in­stall­ment amounts and want to exit the trans­ac­tion. How­ever, my brother is will­ing to pur­chase the apart­ment. How can I trans­fer the apart­ment to my brother’s name?

—R Singh In or­der to do so, you should com­mu­ni­cate your in­ten­tion to the developer through a writ­ten ap­pli­ca­tion. Most de­vel­op­ers per­mit trans­fer of al­lot­ment by charg­ing a pro­cess­ing fee for trans­fer of the book­ing/ al­lot­ment in favour of a third party. How­ever, there are some de­vel­op­ers who per­mit the first in­stance of trans­fer with­out levy­ing any trans­fer charges. Gen­er­ally, the trans­fer fee charges are cal­cu­lated on per square foot/ per square me­tre ba­sis, which is gen­er­ally men­tioned in the buy­ers’ agree­ment.

I am buy­ing the third floor of a house in Delhi and am presently in the mid­dle of ne­go­ti­a­tions. What are the things that I should keep in mind to en­sure that the con­struc­tion is le­gal?

—San­jeet Rao You should check the ti­tle doc­u­ments with re­spect to the land on which the house is con­structed to con­firm the ownership of land. Also, you should check the build­ing plans sanc­tioned by con­cerned au­thor­i­ties prior to the con­struc­tion. Fur­ther, the seller should pro­vide you with com­ple­tion/oc­cu­pa­tion cer­tifi­cate. Th­ese will help you as­cer­tain if the con­struc­tion is as per all laws, reg­u­la­tions, and norms pre­scribed by the au­thor­i­ties.

The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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