Homebuyers should always do a background check on the property they are buying to ensure it is not built upon an encroached or unauthorised piece of land or a previous lakebed/water body. Background checks can also help the homebuyer in ascertaining that the property will not face any legal trouble in future (know more about property background checks here).

If you have recently moved to Hyderabad and planning to buy a flat in the city, there are several background checks that you need to do. In an email response to queries sent by FE Money, Altaf Fathima, Partner at DSK Legal in Hyderabad, suggested some important points prospective buyers should always have on their checklist before making any payment.

Following are the edited excerpts of the suggestions shared by Fathima:

First, you should check whether the property is situated on private/government land as they entail different sets of regulations. Buyers should also obtain requisite title clarity by reviewing the documents shared by the builder/developer.

Second, you should review the land use certificate shared by the developer. It is important to ensure that the seller/builder is legally compliant with all the relevant environmental licenses and approvals to construct the property.

Also Read: How to know the flat you are buying is not on encroached land, lake or riverbed

Third, the Hyderabad Metropolitan Development Authority (HMDA) has listed a few restrictions on building activity within the vicinity of water bodies. The resident must ensure that the property is not situated within the following limits:

  • 50 metres from the boundary of the river within the Municipal Corporation/ Municipality/Nagara Panchayat/HMDA/UDA limits. The boundary of the river shall be as fixed and certified by the Irrigation Department and Revenue Department as per the G. O. Ms. No. 7, MA&UD (M1) Dept., dated 05.01.2016.
  • 30 metres from the FTL boundary of Lakes/Tanks/Kuntas of area 10 Ha and above and 12 feet walking/cycling track within the 30-metre buffer strip may be provided as per the G. O. Ms. No. 7, MA&UD (M1) Dept., dated 05.01.2016.
  • 9 metres from the FTL boundary of Lakes/Tanks/Kuntas of area less than 10Ha / shikam lands.
  • 9 metres from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width more than 10 metre.
  • 2 metres from the defined boundary of Canal, Vagu, Nala, Storm Water Drain of width up to 10 metres.

Fourth, HMDA has also listed out areas and maps for a resident/buyer to ensure that their property does not fall within areas that prohibit the construction of a property. Therefore, every buyer/builder must ensure that their property does not fall within the limits of such FTL boundaries.

Fifth, the Telangana State Government under the Hyderabad Metropolitan Development Authority has also instituted a Lake Protection Committee to protect its lakes from encroachment and pollution vide GOMs.No.157 MA&UD, dated April 6th, 2010. The Committee functions to list out identified lakes/water bodies in the HMDA area, and protects Full-Tank Level (FTL) areas from encroachment. It is important for every resident to go through the Government Order (G.O.) to identify the lakes/waterbodies surrounding their area of interest and purchase/construct property accordingly.

Also Read: Flat maintenance charges in Hyderabad: What owners’ associations should do to avoid legal trouble

Sixth, in spite of identifying several buffer zones, constructions have taken place on lakebeds and waterbodies in the city. To avoid any further damage, the High Court of Telangana in July 2023 directed the Lake Protection Committee to notify all FTL buffer zones in Hyderabad. Therefore, it is recommended that every buyer check all the buffers and maps likely to be displayed on the HMDA website.

Lastly, if any resident is aggrieved by the encroachment of a lakebed/water body, s/he may approach the local municipality with their grievance or file a complaint before the National Green Tribunal (NGT).