Verifying Building Plan vs Floor Counts in Bangalore

What Legal Checks Are Needed When the Approved Building Plan Shows Fewer Floors Than the Building That Was Actually Constructed in Bangalore?

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore apartment building was constructed with more floors than the BBMP-sanctioned building plan permits – either because the developer added additional floors beyond the sanctioned height during construction without obtaining a revised building plan sanction, because the sanctioned plan was for a lower-height building and the developer exceeded the permitted Floor Area Ratio by constructing additional floors, or because the additional floors were constructed after the OC was obtained for the originally sanctioned floors – the additional floors are an unauthorised construction that BBMP can direct to be demolished, the OC for the additional floors is either non-existent or has been obtained fraudulently and every flat owner on the additional floors holds a flat in a structure with no valid legal basis for its existence as an approved building.

How Do Additional Unauthorised Floors Arise in Bangalore Apartment Buildings?

Additional unauthorised floors in Bangalore apartment buildings arise through three common mechanisms. First, during construction the developer calculates that demand is strong enough to justify additional floors and simply builds beyond the sanctioned height without obtaining a revised plan sanction – the contractor builds the additional floors, the sub-registrar registers sale deeds for the additional floor flats without checking the plan, and the building stands with floors that were never sanctioned. Second, the developer obtains the OC for the originally sanctioned floors and then constructs additional floors as a post-OC addition – which is an entirely new construction on top of a certified building that requires its own building plan sanction and structural assessment.

Third, the developer manipulates the BBMP building plan process – obtaining a sanction for the maximum permitted height, constructing additional floors beyond that height with the intention of compounding the violation later. Compounding is BBMP’s process for regularising unauthorised constructions on payment of a penalty – but compounding has limits, and floors that exceed the permitted FAR significantly or violate the setback rules may be outside the compoundable range. Buyers who purchase on the compounded floors have a regularised flat – buyers on floors that were never compounded hold flats with no legal sanction.

Table 1: Unauthorised Additional Floor Risks for Flat Buyers

How Do I Confirm the Building Plan Matches the Physical Building Before Buying?

Step 1: Obtain the BBMP-sanctioned building plan and count the number of floors shown in the plan’s elevation drawing. Confirm the floor count matches the plan’s description of the building – ground floor plus the specified number of upper floors.

Step 2: Physically count the floors of the building during the site visit. Compare the physical floor count against the sanctioned plan’s floor count. Any difference requires immediate investigation.

Step 3: Confirm the OC covers the specific floor on which the flat being purchased is located. An OC issued for a ground plus five floor building does not cover a flat on the sixth floor if the sixth floor was not in the sanctioned plan.

Step 4: Check whether any compounding application was filed with BBMP for the additional floors and whether BBMP approved the compounding and issued a revised OC covering the compounded floors.

Step 5: Have a property lawyer compare the sanctioned plan floor count, the OC’s covered floors and the physical building’s actual floor count before any purchase commitment – particularly for flats on the upper floors of a building where extra floors are the most common form of unauthorised construction.

Table 2: Building Plan vs Physical Floor Count Reconciliation

Frequently Asked Questions

Q1. How can a developer build more floors than the sanctioned plan allows?

A developer can physically build more floors than the sanctioned plan allows because the construction process is not continuously monitored by BBMP. BBMP’s building inspectors conduct periodic inspections at specific stages – foundation, plinth, superstructure – but do not monitor every floor’s addition in real time. A developer who builds additional floors quickly between inspection visits, or who manages the inspection process without disclosing the additional floors, can complete the unauthorised floors before BBMP identifies the deviation.

Q2. Does the BBMP OC cover all floors of the building regardless of what was sanctioned?

No – the BBMP OC is issued for the building as described in the sanctioned plan. An OC for a ground plus five floor building covers only those six floors. If the building physically has a seventh floor that was not in the sanctioned plan, the OC does not cover the seventh floor – even if the OC was issued after the seventh floor was built. A flat on the seventh floor in this scenario is in a structure with no valid OC.

Q3. What is BBMP compounding and can it regularise extra floors?

BBMP compounding is a process for regularising unauthorised constructions on payment of a compounding fee. BBMP can compound deviations that are within the permissible limits – specifically, deviations that do not exceed the area’s permitted FAR, do not violate the setback requirements and do not exceed the permitted building height. Extra floors that push the building beyond the permitted FAR cannot be compounded – BBMP is legally obligated to direct demolition of the non-compoundable portions. Whether a specific extra floor can be compounded depends on the building’s FAR consumption.

Q4. Can a buyer on a sanctioned floor be affected by demolition of an extra floor above them?

Yes – demolition of upper floors in a multi-storey building is a structurally complex operation that can affect the building’s structural integrity and the living conditions of all residents below the demolished floors. Additionally, if BBMP’s enforcement action includes a stop-work or vacation notice for the entire building – because the unauthorised floors create a safety concern – all flat owners including those on sanctioned floors are affected. The presence of unauthorised floors above sanctioned floors is a material risk for all buyers in the building.

Q5. How does a home loan bank assess a flat in a building with extra unauthorised floors?

A bank’s technical valuer who identifies a floor count discrepancy between the sanctioned plan and the physical building will flag it as an unauthorised deviation. The bank’s legal team will then assess whether the specific flat being financed is on a sanctioned floor or an unsanctioned floor. Banks typically refuse to lend on flats on unsanctioned floors and may also be cautious about lending on sanctioned floors in a building with significant unauthorised additions above them.

Q6. What if the developer says the extra floors were added before the BBMP changed the FAR rules?

A developer who claims extra floors were built when a higher FAR was permitted must produce the specific BBMP notification that permitted the higher FAR at the time of construction – and must show that the building plan was sanctioned under that notification. A building plan sanctioned under the current FAR rules cannot be retrospectively recalculated under a prior FAR regime. The claim must be verified against the actual sanction order and the FAR rules in force at the time of the sanction.

Q7. Is it common for Bangalore apartment buildings to have extra unauthorised floors?

Unauthorised additional floors are a known compliance issue in Bangalore – particularly in projects developed between 2005 and 2018 when the city’s rapid growth created demand pressure and enforcement was less systematic. Buildings in the inner ring road zone, established residential localities and the older IT corridors are the most common areas where this type of deviation is found. BBMP’s building plan compliance drive in recent years has identified and issued notices to many such buildings – making the floor count check an essential step for all Bangalore apartment purchases.

Q8. What if the sale deed for a flat on an extra floor was registered by the sub-registrar?

The sub-registrar’s registration of a sale deed does not validate the flat’s legal basis – the sub-registrar registers documents without checking whether the property described in the document is a sanctioned structure. A registered sale deed for a flat on an unauthorised floor is a registered document with an invalid property description – the flat does not legally exist as an approved structure. Registration confirms the document’s execution – it does not confirm the property’s legal status.

Q9. Can the developer be held liable to buyers on extra floors if BBMP orders demolition?

Yes – a buyer who purchased a flat on an extra floor that is subsequently demolished has a misrepresentation and breach of contract claim against the developer. The developer represented that the flat was a legal residential unit and sold it at a price that reflected that representation. If the flat is demolished, the developer must refund the purchase price with interest and compensate the buyer for consequential losses. This claim is enforceable through RERA if the project was RERA-registered, or through a civil suit for other projects.

Q10. How does Legal Brigade check the floor count compliance during property verification?

Legal Brigade’s building plan compliance check includes a comparison of the sanctioned plan’s floor count against the physical building’s actual floor count during the site visit, a review of the OC to confirm it covers all physically existing floors, a check for any BBMP deviation or compounding notice for the building and an assessment of whether the specific flat being purchased is on a sanctioned floor. Where a floor count discrepancy is identified, Legal Brigade advises on the risk level and the options available before any purchase commitment.

Buying a flat in a Bangalore building that appears taller than similar buildings in the area? The sanctioned plan floor count check confirms whether your floor has a valid BBMP sanction and OC coverage.

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Frequently Asked Questions