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Home > Forum > Bangalore > Real estate News > Builder is not providing occupancy certificate

Builder is not providing occupancy certificate

Q: I purchased a flat few months back and have applied for a khata at BBMP. Since i was not sure if my property is A khata or B khata, so i approached my builder but he told me that we because of the deviations in the plans the apartment is not getting an occupancy certificate. Please advise.

bbmp
a khata
flats in bangalore
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Replies (8)
1
Is it Advisable to buy property without OC / CC ?
Prashanth


2
It is not possible for the builder to build as per the sanction plans if the land area in which he is constructing the Apartments is small. If any body looking for apartment with CC & OC, you should look for in bigger societies, where builder will be in a position to provide OC. The setback norm is the main reason fr the builder to deviate. Minimum setback to any building is 5 mts (16.25 Ft.) all four sides, it is highly impossible for the builder to maintain this norm.

It is not possible for the builder to build as per the sanction plans if the land area in which he is constructing the Apartments. If any body looking for apartment with CC & OC, you should look for in bigger societies, where builder will be in a position to provide OC. The setback norm is the main reason fr the builder to deviate. Minimum setback to any building is 5 mts (16.25 Ft.) all four sides, it is highly impossible for the builder to maintain this norm.

Abdul Rahman
Bangalore
Fortune Property Solutions


3
It is not possible for the builder to build as per the sanction plans if the land area in which he is constructing the Apartments. If any body looking for apartment with CC & OC, you should look for in bigger societies, where builder will be in a position to provide OC. The setback norm is the main reason fr the builder to deviate. Minimum setback to any building is 5 mts (16.25 Ft.) all four sides, it is highly impossible for the builder to maintain this norm.

Abdul Rahman
Bangalore
Fortune Property Solutions


4
There are numerous problems if a building does not have an Occupation Certificate like without the Occupancy Certificate, it is difficult to get the water and sanitary connection, banks insist on Occupancy Certificate to sanction loans, etc
Nagesh


5
You can request your bank to get you the occupancy certificate from the builder, as its is the duty and responsibility of the Bank to get you the same, since they have sanctioned the loan, saying that the title of the flat is legal and proper.
Anusha


That's not true. Banks are under no liability to provide OC
Sumesh K,  
18th May 2016


6
Give the builder a written request for the same then issue a legal notice to the builder for deficiency of services and file a complaint in the consumer court.
Sagar Prasad


7
Be it is residential or commercial issue of occupancy certificate on completion of construction is mandatory requirement under the bye laws .
Pratap


i am a corporate lawyer, and completely agree with above viewpoint. If you ask me, what is the status of a property without Occupancy certificate ?

Answer is simple. its like any other illegal property built on a lakebed or an illegal site and liable to be demolished by BBMP anytime.

your title on the building is not perfect at al, though your UDS on the land is still good.

Remedy: once your flat is old, you can demolish it, legally build the property with all the approvals in place.
Sumesh K,  
18th May 2016


8
Did you ask the builder about why there deviation from the sanctioned plan?
Balaji


9

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