In recent weeks, areas like Vasai, Nallasopara, and Dombivli have witnessed a sharp rise in the demolition of unauthorized buildings, with over 100 structures facing action. The VVMC (Vasai Virar Municipal Corporation) has already demolished 41 unauthorized buildings in Vasai and Nallasopara, while in Dombivli, 65 buildings are slated to be razed, leaving more than 6,000 residents uncertain about their future. The common thread? Fake construction documents and forged RERA certificates.
To help prospective buyers avoid falling victim to such illegal properties, The Times of Mumbai reached out to Vinod Mishra, Chairman of Gajanan Group, a seasoned builder, for expert insights on navigating the legal complexities of home buying.
The False Sense of Security: A Loan Doesn’t Guarantee Legality
A major misconception prevalent among homebuyers is that if a property is approved for a loan, it must be legal. However, as real estate experts point out, securing a loan does not equate to the legitimacy of the property. A bank might approve a loan based on financial assessments, but this does not mean the property has passed legal scrutiny.
“It’s important to remember that you’re not just buying a house; you’re investing a significant portion of your life’s savings, sometimes for 20 years or more,” said Vinod Mishra. “Buying a property isn’t a small decision—it’s a long-term commitment. If you’re getting a deal that seems too good to be true, especially if the price is way below market rates, that’s your first red flag.”
Red Flags to Watch For
According to Vinod Mishra, thorough due diligence is crucial before buying property. Here are the key steps:
1. RERA Approval: Always check the RERA (Real Estate Regulatory Authority) website to verify whether the project has been approved, its validity and duration.
2. Municipal Approvals: Visit the local municipal office and cross-check the approvals. These documents are public records and can be accessed freely
3. Price Below Market Rate: If a deal sounds too good to be true, it probably is. Properties sold at prices significantly lower than the market rate should raise immediate concern.
4. Occupancy Certificate (OC): Without an OC, the property isn’t legally recognized and risks demolition.
What to Do If You’ve Already Purchased an Unauthorized Property
For those who have already bought a property that turns out to be illegal, there are two legal options:
1. Criminal Case: If you were misled by a property seller, you can file a criminal case. The sale of illegal properties is a crime, and those involved, including the developers and landowners, can face legal consequences.
2. RERA and Civil Cases: If the property is illegal, but the land is legal, RERA can intervene to offer protection. RERA holds both developers and landowners responsible for illegal constructions. You can also seek legal remedies through civil courts.
The Role of Authorities in Illegal Constructions
One key concern raised by Vinod Mishra was the involvement of various municipal, revenue, and electricity departments in allowing illegal buildings to operate.
“Those involved in providing these services to unauthorized buildings are equally responsible for the crime. The authorities must be held accountable for their role in enabling these illegal activities,” Mishra emphasized.
While the authorities are working to address the issue, the responsibility ultimately lies with the buyer to ensure they’re making a safe and legal investment in their future.
