Verifying Approved Building Plans in Bangalore Property

By Legal Brigade, Property Law Specialist, Legal Brigade | Bar Council of Karnataka

Quick Answer: Verifying the approved building plan before buying property in Bangalore confirms the building was constructed legally, matches sanctioned specifications, and protects you from demolition risk, loan rejection, and ownership disputes.

What Is a Sanctioned Building Plan and Why Does It Matter?

The sanctioned building plan is the official approval issued by the Bruhat Bengaluru Mahanagara Palike (BBMP), Bangalore Development Authority (BDA), or the relevant local planning authority that permits the construction of a specific structure on a specific site, within defined dimensions, floor area ratios, setbacks, and usage specifications. Every building lawfully constructed in Bangalore should have one. The sanctioned plan is not merely a formality; it is the legal foundation upon which the entire structure stands.

The actual building must match what was sanctioned in every material respect. If it does not, the deviations are classified as unauthorised construction, and this carries significant legal and practical consequences for anyone who purchases such a property. A buyer who acquires a flat or house in a building that does not match its sanctioned plan inherits the risk of enforcement action, including notices, penalties, and in serious cases, demolition orders. The sanctioned building plan is therefore one of the most important documents to verify before committing to any property purchase in Bangalore.

What Can Go Wrong If the Building Does Not Match the Sanctioned Plan?

Unauthorised Extra Floors Not in the Approved Plan

One of the most common and serious deviations in Bangalore is the construction of additional floors beyond what the sanctioned plan permits. A builder may have obtained approval for a ground plus two structure but built up to ground plus four. The extra floors are entirely unauthorised. Buyers of these upper-floor units face the highest risk because BBMP enforcement action typically targets the unauthorised portions first, and home loans for these units are often refused.

Flat Area Larger Than What Was Sanctioned (Encroaching on Setback or Common Area)

Some builders construct flats with areas larger than what was approved, often by encroaching on mandatory setback spaces, common areas, or passages that were supposed to remain open. While the buyer may appreciate the extra space, this encroachment is unauthorised and can lead to enforcement notices, difficulties in obtaining the Occupancy Certificate, and disputes with other residents over common area usage.

Commercial Use Constructed Where Only Residential Was Approved

A building sanctioned for residential use cannot lawfully be used for commercial purposes without specific approval for change of use. Some developers construct commercial spaces on the ground floor of a residentially approved building. Buyers of such commercial units, or even residential buyers in the same building, face zoning violations that affect the entire property’s legal status and may result in closure orders or denial of utility connections.

Additional Structures (Parking, Extensions) Built Without Sanction

Builders sometimes add structures such as covered parking, rooftop rooms, rear extensions, or servant quarters that were never part of the sanctioned plan. These additions, while seemingly minor, are unauthorised and can be ordered demolished. They also affect the building’s load calculations, fire safety clearances, and overall compliance.

The Building Was Constructed Without a Plan At All (No Sanction Exists)

In some older areas and informal developments, buildings were constructed entirely without obtaining any sanctioned plan. This is the most serious situation. Such a structure has no legal basis for its existence, cannot be regularised in most cases, and exposes the buyer to the highest possible risk of demolition and legal action.

What Are the Legal Consequences of Buying an Unauthorised Structure in Bangalore?

The BBMP and other planning authorities have broad powers under the Karnataka Town and Country Planning Act and the BBMP Act to issue demolition notices, demand regularisation fees, or impose penalties on unauthorised structures. When a buyer purchases a property in a building with known deviations, these enforcement risks transfer to the new owner. A demolition notice served after purchase affects the buyer, not the original builder or the previous owner who sold the property.

Home loan institutions are also increasingly cautious about financing properties in buildings with unauthorised construction. Banks typically require the sanctioned plan, Commencement Certificate, and Occupancy Certificate as part of their due diligence. If any of these documents reveal unauthorised deviations, the loan application is likely to be refused or restricted. This means the buyer may not only face legal risk but also find it impossible to secure financing for the purchase.

How to Verify the Approved Building Plan in Bangalore

Step 1: Request the original sanctioned building plan from the builder or seller. The seller or builder should be able to produce the original or a certified copy of the sanctioned plan. If they cannot, this is a serious red flag that requires immediate investigation.

Step 2: Confirm the plan was approved by the correct authority. Verify that the plan bears the stamp and approval of the correct authority having jurisdiction over the property, whether BBMP, BDA, BMRDA, or the relevant gram panchayat or planning authority. Approval from the wrong authority is not valid.

Step 3: Compare the plan against the actual structure. Carefully compare the number of floors, unit sizes, setbacks, common areas, parking spaces, and overall layout shown in the sanctioned plan against what has actually been built. Any material difference is a deviation.

Step 4: Confirm the Commencement Certificate was issued before construction began. The Commencement Certificate is issued after the sanctioned plan is approved and confirms that construction may legally begin. A building constructed before the CC was issued is unauthorised from the outset.

Step 5: Confirm the Occupancy Certificate was issued after completion. The Occupancy Certificate confirms that the completed building matches the sanctioned plan and is fit for occupation. No building should be sold or occupied without a valid OC.

Step 6: Check whether any post-sanction plan modifications were approved separately. If the builder made changes after the initial sanction, there should be separate modification approvals. Unapproved post-sanction changes are deviations.

What Is the Difference Between the Sanctioned Plan, Commencement Certificate and Occupancy Certificate?

What Is a Deviation from the Sanctioned Plan?

A deviation occurs when the actual construction differs from what was approved in the sanctioned plan. This can include more floors than sanctioned, smaller setbacks than required, different room configurations, additional structures not in the plan, or changes in the approved usage. Deviations are categorised as minor or major. Minor deviations, such as slight variations in dimensions that do not affect structural safety or public interest, may sometimes be regularised through payment of compounding fees. Major structural deviations, such as additional floors, significant encroachments, or change of use without approval, are often non-compoundable and expose the structure to demolition action.

How Common Are Unapproved Structures in Bangalore?

Unapproved structures and deviations from sanctioned plans are extremely common in Bangalore, particularly in older residential areas and in developments from the pre-RERA era. During the rapid urbanisation of the 1990s and 2000s, many builders obtained approval for modest structures and built significantly beyond what was permitted. The enforcement capacity of planning authorities has historically lagged behind the pace of construction, meaning many unauthorised buildings were completed and even occupied before any enforcement action was taken. Buyers who relied on physical inspection of a completed building without checking the sanctioned plan have found themselves owning units in partially or entirely unauthorised structures, with consequences that surface only when they attempt to sell, mortgage, or renovate the property.

Building Plan Verification for Apartments vs Independent Houses

What If No Sanctioned Plan Exists or the Seller Cannot Produce It?

The absence of a sanctioned plan is a serious red flag. It may mean the structure was built entirely without approval, which places it in the highest risk category. In such cases, the buyer should not proceed without thorough investigation. Options include checking BBMP records directly to see if any plan was ever filed for the property, obtaining a certified copy from the planning authority if one exists, or engaging a property lawyer to conduct a formal inquiry. If no sanctioned plan exists and cannot be located through any official channel, the structure is presumptively unauthorised. Purchasing such a property exposes the buyer to demolition risk, loan refusal, and future resale difficulties. Legal Brigade strongly advises against proceeding with any purchase where the sanctioned plan cannot be produced and verified.

Frequently Asked Questions

What is a sanctioned building plan and why does it matter for buyers?

A sanctioned building plan is the official approval from the planning authority (BBMP, BDA, etc.) that specifies what can be built on a site, including number of floors, setbacks, and usage. It matters because any construction that deviates from this plan is unauthorised and exposes the buyer to legal risk, demolition notices, and loan rejection.

How do I verify if a building in Bangalore has an approved building plan?

Request the sanctioned plan from the seller or builder, confirm it was approved by the correct authority, compare it against the actual structure, and verify that the Commencement Certificate and Occupancy Certificate were also obtained. A property lawyer can conduct this verification comprehensively.

What happens if a building has unauthorised floors or deviations?

BBMP can issue demolition notices for unauthorised portions, demand regularisation fees for minor deviations, or impose penalties. Buyers inherit these risks. Home loans are typically refused for units in unauthorised floors.

What is the difference between a sanctioned plan and an Occupancy Certificate?

The sanctioned plan is approved before construction begins and specifies what may be built. The Occupancy Certificate is issued after construction is complete and confirms the building matches the sanctioned plan and is fit for occupation. Both are essential.

Can unauthorised construction in Bangalore be regularised?

Minor deviations may sometimes be regularised by paying compounding fees to the planning authority. Major structural deviations, such as additional floors or significant encroachments, are often non-compoundable and may be subject to demolition orders.

How do I get a copy of the sanctioned plan for a property in Bangalore?

The seller or builder should provide the original or certified copy. If unavailable, a certified copy can sometimes be obtained from BBMP or BDA records by applying through the relevant office or online portal, depending on the authority and record availability.

What is a Commencement Certificate and when is it issued?

A Commencement Certificate is issued after the sanctioned plan is approved and before construction begins. It confirms that the planning authority has reviewed the plan and construction may legally commence. Building without a CC is unauthorised.

Can I get a home loan for a flat with an unauthorised floor?

Most banks and housing finance companies refuse loans for units in unauthorised floors because the property lacks valid approvals and carries demolition risk. Some lenders may offer loans at higher rates or with additional conditions, but this is uncommon.

Is it safe to buy a flat if the top floor was not in the original approved plan?

No. A flat on an unauthorised floor carries the highest risk of demolition, loan refusal, and future resale problems. The buyer should either negotiate a significant price reduction to account for the risk or, preferably, avoid the purchase entirely.

What should I do if the seller says the deviation is minor and can be regularised?

Do not rely on the seller’s assurance. Have a property lawyer independently assess whether the deviation is genuinely minor and regularisable, and verify this with the planning authority. Many sellers mischaracterise major deviations as minor to close the sale.

Not sure if the building you’re buying matches its approved plan? This check catches what physical inspection cannot.

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Frequently Asked Questions