OCCUPANCY CERTIFICATE

Q: Hi All, Hope u guys are aware of the latest news about the Worli ( Campa Cola Society) demolishen. 170 flat owners have been asked to leave just because they did not have the occupancy certificate.. Although the flat owners had paid their yearly taxes and had the flat registered 20yrs ago, the govt has declared it to be illegal.. This only reminds me that few blocks in PWC are still not given with the OC.
Note: This is not to create any worry, just a concern that we all need to squarely plan and resolve.

lakshmi, Apartment Resident

29th April 2013

Legal in Mumbai

occupancy certificate

oc problem

occupation certificate status check

penalty for deviation in constrution

occupancy certificate bmmc

deviation in building norms

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Replies (14)

Ur always welcome Dhananjay!!!!!
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.

Ramesk Polekar, Mumbai

19th August 2015

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Hey Dhananjay,
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, Hyderabad

19th August 2015

Hey all??????
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?

biman roy, Kolkata

18th August 2015

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Good question........Biman,
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 regularize the building, and issue an OC. The penalty is usually charged according to the proportions of deviation.

Ramesk Polekar, Mumbai

18th August 2015

Hi Ramesk.......once again i came with a set of question which are coming into my mind. 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?

dhananjay.g, Bangalore

19th August 2015

Thanks for detail information Bharath.......
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?

dhananjay.g, Bangalore

18th August 2015

Comment

Ok.......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.

Bharath Konda, Hyderabad

18th August 2015

I hope that people will take this matter seriously and ask for the Occupancy Certificate before taking the 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.

anand modak, Pune

18th August 2015

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Hi Anand,
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?

dhananjay.g, Bangalore

18th August 2015

@Dhananjay..........
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,

Bharath Konda, Hyderabad

18th August 2015

Hi folks.....
Apartment buying demand 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.

Ramesk Polekar, Mumbai

18th August 2015

Comment

Very True Ramesk.....
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.

anand modak, Pune

18th August 2015

Yes.......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.

Ramesk Polekar, Mumbai

18th August 2015

Before any other case pops up like Campa Cola, the BMC must quickly restructure its building approval system, update and upload the status of every project on their website and ensure home buyers have access information they want to know or any building plan in the city.

Vinay Dixit, Mumbai

14th November 2013

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I read some where that the Supreme Court announced a stay order til May 31st 2014, for the wrecking of all the illegal flats in Campa Cola Society.

Sandeep Mhatre, Mumbai

14th November 2013

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It seems the residents of Campa Cola society refused to move out of the compound when the civic squad and police arrived for the demolition of the illegal floors as the Supreme Court had set 11th November as the deadline to vacate the the flats.

Kishore Pathak, Mumbai

13th November 2013

Comment

Will the demolition weaken the legal floors?

Padma G, Mumbai

13th November 2013

According to sources, structural engineers said that after the demolition of the illegal floors the remaining structure will not be fit for habitation. Read the rest of the article here: http://timesofindia.indiatimes.com/city/mumbai/Demolition-will-weaken-legal-floors-residents-fear/articleshow/25661141.cms

Rakshit, Mumbai

13th November 2013

Recently the affected residents of Worli's Campa Cola society, approached the chief minister Prithviraj Chavan's. The residents have written a letter to the CM stating that the demolition would affect 73 students, 89 senior citizens and 243 women. Those people neither have money to to buy or rent a house nor they have alternative accommodation. You can read the latest news about Campa Cola Society here http://timesofindia.indiatimes.com/city/mumbai/Residents-of-Worli-society-hope-for-miracle-from-Prithviraj-Chavan/articleshow/24172018.cms

Rakshit, Mumbai

15th October 2013

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Latest information about Campa Cola society is that the BMC plans to start demolition of the 92 flats on November 12. You can read the rest of the news here http://timesofindia.indiatimes.com/city/mumbai/Campa-Cola-tenders-to-be-tabled-on-Wednesday/articleshow/24512119.cms?cfmid=14000000

Rakshit, Mumbai

22nd October 2013

The major gap is that the buyers do not understand the importance of the occupancy certificate and they do not bother if the building they are living in or are buying has the occupancy certificate or not.

Padma G, Mumbai

21st August 2013

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Between 1981 and 1989, seven high rises were constructed on the Campa Cola compound. As the builders had committed FSI violation of 1,774 sqm in total development of 19,600 sqm. As per the Supreme Court orders, the BMC was to raze the illegal floors in the seven buildings following. In February, the SC had ruled that all floors above the fifth in the seven buildings will have to be demolished, and residents cannot ask for these floors to be regularized. In May, the 140 families again moved the SC, which then granted them six months reprieve to vacate flats.

Bikram, Mumbai

21st August 2013

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Recently there was a news about Campa Cola Society that the civic body is all set to raze 35 illegal floors across seven buildings in Campa Cola society and the estimated cost of the demolition-Rs 1.90 crore-will be recovered from the society.

Shrikant Kejriwal, Mumbai

21st August 2013

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Thanks for the response...concerning part is that PWC officials give varied answers when we ask about it.

lakshmi, Apartment Resident

30th April 2013

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This certificate is mandatory for any builder before he allows people to take possession of the property. This certificate was made compulsory by the BBMP to ensure proper construction in the city.The occupancy certificate is obtained at the end of the construction. Once the builder applies for the certificate an inspection is done to check if the construction has happened according to the sanctioned plan.

Amarnath, Bangalore

30th April 2013

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