I noted a interesting observation yesterday. The official site of suncity apartments http://www.sun-city.in has a page dedicated to the builder CLPD http://www.sun-city.in/our-builder
This is quite interesting, because earlier the suncity association had filed cases against CLPD. This is probably a precursor to a settlement in future.
Contact me on suncitygloria@outlook.com
Advice for prospective buyers
- DO NOT BUY.
- I know people are selling cheap, but there is a reason for that. This was built by a cheap builder very cheaply.
- The project does not have a proper commencement certificate.
- The project will never have a Occupancy certificate.
- The owner selling you the flat does not have A khata.
- The builder never paid up to date property tax.
- Builder is trying to make Phase 2 of the project. If it materializes, your life will become hell.
- You never know if the amenities will be completed, and handed over to residents.
- Gloria might never appreciate because of inherent problems caused by the builder.
Advice for current owners
- Form a resident association as soon as possible. Builder will not do it for you. Do it right now.
- Builder has not paid for cauvery water. Ask for receipts of payment.
- Builder has not got the correct BESCOM load sanctioned to save money. Ask for receipts of payment.
- Builder will never pay the penalty amount. If you form a association, you can try through association.
- Builder has not paid full Service tax. Ask for receipts of payment.
- The fire panels being installed in Gloria are seven years old. They were removed from Suncity before builder left. They are only for show and to procure the NOC from fire department.
- Oppose commercialization of the complex. This can be achieved only through association.
Advice for tenants
- Don’t worry. The rentals are less compared to market. Perfect place to rent.
- There will be shops, vendors in the complex. So your daily needs will be easily met. This is huge plus as place is little secluded.
- You don’t have to pay maintenance, as CLPD has pre collected the maintenance for few years.
- You need to be worried about renting on the railway track side. The noise and rattling by trains is huge. Especially because of the manual rail crossing just in front of gloria.
- You need to be worried about the renting the flat on the Sarjapur main road side. The bridge construction and subsequent traffic noises will be disturbing.
- There won’t be any amenities for few years, but CLPD might open GYM or something.
- There will be construction going on for few years. Might be a inconvenience if you are not a deep sleeper.
Link reference
Please go through the following links to get a quick update about different issues.
LINK TO LATEST STATUS OF GLORIA
- How builder never provides Occupancy certificate.
- Issue of Railway line near Gloria
- Undivided share of Land in Gloria
- Deposits are not paid for Gloria
- Cost of Land issues
- Delay in project
- Possible Phase 2. Location of Phase 2
- Occupancy Certificate issues with CLPD
- Reality of price appreciation in Gloria
- Khata and Occupancy certificate issues expected in Gloria
- Explanation of Occupancy certificate and why gloria will have a issue.
- Cauvery water payment not done for Gloria
- Questions and Answers regarding Gloria
- List of Already broken promises.
In case of buildings in the jurisdiction of Bangalore Mahanagara Palike, be it residential or commercial, issue of Occupancy Certificate by the BBMP on completion of construction is a mandatory requirement under the City of Bangalore Municipal Corporation Building Bye-law 2003.
Bye-law 5.6 of the bye-law provides that every person shall, before the expiry of five years from the date of issue of licence, complete the construction or reconstruction of a building.
Within one month after the completion of the erection of a building, the person shall send an intimation to the Commissioner in writing of such completion accompanied by a certificate in Schedule VIII certified by a Registered Architect/Engineer/Supervisor and shall apply for permission to occupy the building.
The authority shall inspect the building, including whether the owner had obtained commencement certificate as per Section 300 of the Karnataka Municipal Corporations Act, 1976, and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high-rise buildings at the time of submitting application.
Then it shall intimate the applicant within 30 days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected.
In case the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX of the Bye-laws provided the building is in accordance with the sanctioned plan. The bye-law further provides that physical inspection means the authority shall find out whether the building has been constructed as per the plan and includes inspections by the Fire Service Department, wherever necessary.
Bye-law 5.7 provides that no person shall occupy or allow any other person to occupy any new building or part of it for any purpose whatsoever until an occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate, if in his opinion in every respect the building has been completed according to the sanctioned plans and is fit for the use for which it is erected.
Any prospective purchaser of a unit in any high-rise buildings should insist on the builder furnishing an Occupancy Certificate to him before purchase. This is because in case the Occupancy Certificate has been issued by the BBMP, it can be safely presumed that the building constructed is in order and deviations, if any, have been regularized in legal and lawful manner
Let’s rewind on important points again:
- Occupancy certificate is a mandatory document before you can start living in a apartment. It is illegal to occupy a flat if the Occupancy certificate does not exist for that builder.
- It takes only 30 days to get approval for a Occupancy certificate.
- Occupancy certificate will not be issued if there are deviations in plan or fire security is not followed. It is also not issued if the setbacks etc were violated.
- Occupancy certificate is not issued if there is a change of land use. For example, if there is a commercial enterprise running in a residential apartment.
- Lack of Occupancy certificate can lead to government taking away land for infrastructure projects, expansion etc.
CLPD, the builders of Suncity Gloria and their occupancy certificates.
- The suncity project on ORR by CLPD doesn’t have a complete occupancy certificate after 8 years.
- Euphoria, Zephyr and Genesis are three other projects of CLPD. None of these have Occupancy certificates. In fact the builder has never applied for them ever. If you remember the point I mentioned above, it takes only 30 days for approval. These buildings are over 4 years old.
- Suncity Gloria does not have commencement certificate. So the Occupancy certificates now cannot be issued.
- Suncity Gloria has more than 20% plan deviation. So Suncity Gloria will never be eligible for Occupancy certificate.
- Lack of Occupancy certificate is also one of the reasons resale rates are low in suncity properties. Because you never know, when government will become strict and throw its residents out.
Why CLPD doesn’t apply for Occupancy certificate
- They change land use, and make commercial enterprises on premises.
- They don’t provide fire safety standards to meet requirements.
- They deviate from BDA plan by more than 20%. These buildings need to pay crores to get regularized. Such buildings cannot have Occupancy certificate.
What is BDA Approval and what other approvals are required
The builder has to approach Bangalore Development Authority (BDA) for approval of layout plan and building plan. The Bangalore Development Authority (BDA) is designated as the Planning Authority under the Karnataka Town and Country Planning Act, 1961. Electricity supply in the city is managed by Bangalore Electricity Supply Company Ltd (BESCOM). The builder has to get NOC from pollution board for his project to get new water connection from Bangalore Water Sanitary and Sewage board (BWSSB).
What is Commencement certificate
After laying the foundation for the super-structure, the builder will have to first erect the columns either in the basement or in the ground floor as the case may be and then apply to the Bruhat Bangalore Mahanagara Palike (BBMP) for issue of a commencement certificate. The BBMP, after carrying out an inspection of the site and the construction work carried on till that date, will issue a “commencement certificate.” It authorizes the owner or the builder to commence construction in all respects as per the plan sanctioned. For the issue of the commencement certificate, it is enough if the foundation is complete and the peripheral columns have been erected. It is not necessary that the columns in the middle of the super-structure be erected. A nominal charge of Rs.5 per square metre of plinth area, depending on the project size, is levied for the issue of the certificate. Occupancy certificates are not issued if the commencement certificate is not taken.
Status of these documents in Suncity Gloria
BDA approval – The approval is only partial for Suncity Gloria. CLPD has not got full BDA approval for any of his earlier projects.
Pollution Control board clearance – Not applied still. Suncity gloria will never have this. CLPD has not got this clearance of any of their earlier projects.
NHAI NOC – Not applied. This will become a problem when the government decides to build a overbridge over the railway line. CLPD has not got this clearance of any of their earlier projects.
Commencement certificate – Suncity Gloria does not have this. This should have been applied two years back for suncity gloria. CLPD has not got this certificate of any of their earlier projects.
As I have covered earlier, the CLPD (builders of Suncity gloria) have been unsuccessful to ever get a Occupancy certificate for any of their projects. Pretty sure, your home will be without a occupancy certificate.
Link to a another blogger who covers the importance of occupancy certificate.