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Occupancy certificate.

Q: What happens when you start staying in a flat for which the builder has not yet got the Occupancy certificate ?

Reply

Replies (7)
1
@abhijit,
In order to control the increasing case of illegal construction in various metros, the local governments have proposed and implemented regulations regarding an OC. In Hyderabad, the Greater Hyderabad Municipal Corporation (GHMC) has proposed to connect OC with property registration. In Mumbai, according to the Bombay High Court, it is illegal to move into an apartment without an OC.
Manjunath Gupta


2
My last question to you............How can a builder know whether their Occupancy Certificate has been accepted or rejected? If the development is unable to fulfill the building norms, what will happen? Is there any penalty for deviation?
Abhijit Pawar


Good question........Abhijit,
At first, the building is inspected by the authority for compliance of local laws. The authority then intimates the builder within 30 days of receiving the completion intimation whether the OC has been accepted or rejected.

In case there are minor deviations from the approved plan, the civic body may impose a penalty and regularise the building, and issue an OC. The penalty is usually charged according to the proportions of deviation.
Jack ,  Ahmedabad
18th August 2015


So, what is wrong about occupying a building without an OC? What is state govt. is doing then in order to control the increasing concern of illegal construction in various metros?
19th August 2015


Well Abhijit,
Very simple answer, no occupancy certificate means that the building has not been given a "Pass Certificate" by the concerned authority. As such, it does not have all the necessary infrastructure or clearances that make the building inhabitable. You might heard the news of Campa Cola Society where no necessary clearance was taken and building was demolished.
pradyumanapte,  Mumbai
19th August 2015


3
Hi Devika and Sankalp,
I am working in a real estate company but don't want to disclose the company name here. I just wanted to know the key requirements for a builder to obtain Occupancy Certificate?
Abhijit Pawar


Ur most welcome Abhijit.......
Key requirements for obtaining an OC: 1) A builder has to built as per the sanctioned plan including plinth, setback, height, FAR.
2) Facilities like club house, party hall, etc. need to be in the sanctioned plan.
3) Only, 5% difference in building is allowed,
4) They will have to get the approval from Fire Department,
5) Electrical Inspectorate Certificate, including lifts, waste management area and on-site composting facility is also required at the same,
6) Rain water harvesting ,
7) Airports Authority clearance (if within the range of an airport),
8) Sewage Treatment Plant should be certified by the Pollution Control Board,
9) A builder cannot make external changes in his unit without the authorization from the local civic body,
10) Footpath facing the building should be in good condition,
11) Sufficient safety measures should be provided for basement car parking,
Sankalp,  Mumbai
18th August 2015


Thanks for detail information Sankalp.......
When is the Occupancy Certificate issued? What are the key documents a builder has to submit for obtaining the OC? Is there any time period fixed for it?
18th August 2015


Well Abhijit,
Usually, the builder provides the OC once the building is ready for occupying. A developer must send an application along with other documents such as building plan, commencement certificate, completion certificate and photographs of the completed building, for obtaining the OC to the local civic body within 30 days of completing the construction.
Sankalp,  Mumbai
18th August 2015


4
Right Jerome!!!!
OC is an essential legal document that has to be obtained by the builder once the construction is complete. This ensures that the building has been constructed in a completely legal way adhering to the approved plan.
Devika


It's true and i mostly seen that buyers ignore it. Because, it doesn't require during property registration. As a result, buyers sometimes believe that this document is pointless. However, without a proper OC, an apartment owner may sometimes be relieve of essential amenities such as electricity and water. You may also face a threat of eviction if you don't possess an OC.
Sankalp,  Mumbai
18th August 2015


I hope that people will take it seriously and ask for the Occupancy Certificate during possession. Having an OC work for another important purpose. This is a mandatory document which needed if you are applying for a home loan, while buying either a new flat or a flat on resale.
Devika,  Mumbai
18th August 2015


5
There may be certain legal issues. For ex- it may be revealed that the land or some portion of the land in which the project is built does not belong to the owner/builder. Then the actual land owner may file a case against this builder and you may lose the land on which your apartment is there. It is builder's duty to get you OC from the concerned dept and give it to flat owners. Only after this buyers should take possession.
Sankalp


6
After the building is completed you are required to file an application for Occupation certificate. The prescribed authority will inspect the building and after ascertaining that the building is as per the sanctioned plan, will issue a certificate. This certificate is called the Occupancy Certificate.
chaitanya.bhatnagar


Thanks Mr Suraj mehta for the reply. Can you specify what kind of problems can come for the resident ,or the buider ?
Pramod Jain, Apartment Resident 
21st May 2012


7
Occupancy Certificate is mandatory. If you are staying in a flat of which the builder has not yet got the Occupancy certificate it may lead to future problem.
mehta.suraj21


Right Suraj,
Apartment buying demand getting a number of important and necessary documents. Occupancy Certificate is one such document, which is in place to safeguard the interests of an apartment buyer. This document is obtained by the builder from the office of the local civic authority such as BBMP or BDA in case of Bangalore and BMMC, TMC,CIDCO are in Mumbai, Thane and Navi Mumbai respectively. The OC essentially tells you that the owner can legally occupy the building.
18th August 2015


8

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