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.

Niketan Verma, Bangalore

30th January 2013

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Replies (8)

Is it Advisable to buy property without OC / CC ?

Prashanth,

28th August 2016

Comment

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, Bangalore

Official account of - FORTUNE PROPERTY SOLUTIOND

25th December 2014

Comment

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, Bangalore

Official account of - FORTUNE PROPERTY SOLUTIOND

25th December 2014

Comment

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, Bangalore

4th February 2013

Comment

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, Bangalore

4th February 2013

Comment

That's not true. Banks are under no liability to provide OC

Sumesh K,

18th May 2016

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, Bangalore

4th February 2013

Comment

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

Pratap, Bangalore

31st January 2013

Comment

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

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

Balaji, Bangalore

31st January 2013

Comment