Thursday, March 17, 2011

WHAT ABOUT TECHNICAL OPINION ?

Dear friends,
Legal Opinion:
When we buy an immovable property [ housing site, residential apartment or a commercial shop premises], we take "Legal Opinion". This is popularly called as "Due Diligence Report". This is done by Advocates. The scope of such reports is to ascertain the validity of title over the property owned by Vendor. Based on "Legal Opinion", we proceed to finalise the deal. However, have we ever thought of taking "Technical Opinion"?.

Technical Opinion":
What is this "Technical Opinion" ?.
We have heard about "Valuation Report" by Engineers. But, never bothered about taking "Technical Opinion" from Engineers/ Planners on the legality and quality of the structure/building that we buy.
Any building is built based on the license and approved plan issued by local self government like City Corporations or Muncipalities or Panchayathraj institutions. However, majority of the buildings are constructed in utter violation of licence and approved plan. This aspect of the matter can not be effectively dealt with by Advocates as they are experts in law and not Planning or Engineering.
Hence, it is very much necessary that Engineers are also consulted and asked to take up scrutiny of license and approved plan to ascertain whether the building is in accordance with the building regulations, license and approved plan. This opinion is called as "Technical Opinion".

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