Legal Advice

Katha and building plan approval from municipal corporation

Question: I want to know whether I need plan approval from the municipal corporation. In May 2020 I purchased one property in Adarsh Nagar Arishinakunte Nelamangala. Municipal corporation took over from grama panchayath this year. We purchased an under construction house, plan approval was in the name of the seller, at that time the seller advised us to register only the site and later when you get e khata and you will take approval on your name itself.

Advise

Your under construction site was previously approved by the gram panchayat, but due to the area being merged into the Municipal Corporation and an extension of the corporation’s territory, a fresh approval is now necessary. Therefore, in addition to the gram panchayat’s approval, you must also obtain plan approval from the municipal corporation.

Fortunately, the municipal corporation will only levy compounding charges, which are very nominal. You do not need to pay a fresh fee for the approval of the site plan. However, additional fees may apply for site approval in conformity with the master plan, which will be collected under the compounding charges.

If you have purchased an under construction house and the site plan was already approved in the seller’s name, there should be no dispute or issue regarding plan approval. The municipal corporation will simply substitute your name upon receiving an application for mutation of your name. This is mandatory after the transfer of ownership.

Approval of the site plan in your name is simply a proceeding after the transfer of ownership. The municipal corporation will not conduct any inquiry into the conformity of the site plan with the prevailing master plan, so obtaining approval should be straightforward.

To apply for plan approval from the municipal corporation, you can use the online Land and Building Plan Approval System (LBPAS) available in the state of Karnataka. Even though you already have approval from the gram panchayat, you still need to apply for approval from the municipal corporation through this system.

Shivendra Pratap Singh

Advocate

High Court Lucknow

Property

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