HOW SAFE IT IS TO BUY FLAT WITHOUT CC AND OC IN BANGALORE
Q: Sir/Madam, Please let me know whether it is legal to buy a flat which is as per licence but the building has illegal floors above. It does not have OC. What is status of legal flats in case of Akrama-Sakrama is not approved?
Dear sir, I want to buy resale flat which is 8years older.That is A-katha property. Properties is having 30flats and only 4 floor. I asked for OC they are telling builder not given OC at that time and it is old property 8years back constructed and does not required OC.present new construction it is mandatory to give OC.Please suggest can I go a head to buy without OC certificate.
The Karnataka Chief Minister said that the government plans to take stringent action against those errant builders flouting building bye-laws by not providing home buyers with an Occupancy Certificate. Thousands of home owners are facing a similar plight of not being provided with an OC.
According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.
if akrama-sakrama is not approved and implemented then deviation in construction / excess area constructed amounting to more say 10% ( percentile differs from residential to commercial along with difference penal amount) will have to be demolished by BBMP
Normally, once the construction of a project comes to an end, the builder issues the occupancy certificate. On a legal note, every builder must send an application to the local civic body within 30 days, for an Occupancy Certificate. A buyer is entitled to an Occupancy Certificate on signing the agreement or before moving into the apartment. However, often builders do not acquire the certificates from the local civic bodies and hence are legally compelled to pay property tax. If an apartment is not built on the approved plan, it is quite likely that the builder will be denied of an Occupancy Certificate.
Occupancy certificate (OC) is a legal prerequisite for a buyer, before heading for an apartment. Furthermore, having an OC is the license for a buyer to apply for Khata. However, during property registration, occupancy certificate is of no account, which often leads a buyer to formulate the notion that this authorizing document is wide of the point. In addition to its importance, in the absence of the Occupancy Certificate an apartment owner is often deprived of basic amenities like-water and electricity. Having an OC is a must to apply for home loans, while buying a resale flat. The essence of OC can also be summoned to the fact that for new under-construction flats, banks provide loans only when the Occupancy Certificate is submitted.
i am planning to buy a property. Builder is saying its BBMP Approved A khatha and CC will be given. But when I asked about OC he said there are 20 flats so there is no OC issued. Plz help.
Completion certificate is issued by the local civic body authority stating the property has been built as per sanctioned plan and is completed.
The Builder has to get the Occupancy certificate from the Municipal Corporation. It is a legal permission to sale the flat after which customers can buy and occupy them for living. If they do not have an occupancy certificate then the building is illegal. The builder has to submit a No Objection Certificate and Lift Safety certificate to get the Occupancy certificate.
As far as i know without completion and Occupancy Certificate, no person shall occupy or allow any other person to occupy any building or part of a building for any purpose until such building or part has been granted the occupancy certificate. Every owner/ lessee is required to submit a notice of Completion cum Occupancy Certificate of the building in the prescribed form and such notices shall be submitted in the proforma along with the requisite documents, fee and charges mentioned therein
The Builder receives this Completion Certificate from the Municipal Authorities which ensures that the developer has constructed the building as per approved plan.