What is Occupancy Certificate?

Q: Is it really necessary to check if the builder is going to provide occupancy certificate for that particular project?

Kailesh, Bangalore

23rd January 2015

Legal in Bangalore

occupancy certificate

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Replies (8)

Hi, I want to know that after the Occupancy Certificate is issued by BBMP, can the builder do any kind of modification.

adil laskar, Bangalore

29th January 2016

Comment

No change or modification or additional construction is permitted after the occupancy certificate has been obtained.

If at all they are doing either of these than the Occupancy Certificates issued to these occupants might be cancelled or revoked or withdrawn.

Rakesh, Bangalore

29th January 2016

Such buildings are mushrooming across Bengaluru in recent times with authorities unable to curb the practice from spiraling. So, what can this be attributed to? According to experts, the realty boom across the city has resulted in many ‘fly-by-night’ builders resorting to such illegal practices so as to make a fast buck. This resulted in a break-down in the system with lack of transparency adding to the woes of the authorities. Moreover, the lack of concrete regulations and buildings norms has resulted in many unscrupulous builders constructing residential projects without proper approvals and environment clearances.

Armaan Saxena, Bangalore

31st January 2015

Comment

Hi Suresh, Thanks for the prompt reply.... Anything which we can be done against such kind of builders.

Harmeet Kaur,

30th January 2015

Comment

However, taking action against such errant builders is easier said than done. This is primarily due to an unhealthy nexus between many civic authorities and developers who operate hand in glove in such illegal practices. Besides, the lack of stringent laws making it mandatory to possess an OC, or rather the lack of enforcement in the existing laws make it an arduous task as far as bringing such wrong-doers to task. Over the years many such builders have gone scot-free leaving owners of such buildings in jeopardy of being forced to vacate its premises inspite of investing their hard-earned money on such buildings. Many builders have fled without issuing OCs or legal water connections to owners, thus leaving them in the lurch to fend for themselves.

Abhinandan Jain, Bangalore

31st January 2015

I have booked an apartment in KR Puram, Bangalore but the builder is not giving Occupancy Certificate for the project. What I should do? Please help..

Harmeet Kaur,

30th January 2015

Comment

Are you living in an apartment in Bengaluru which does not have an Occupancy Certificate (OC)? Then you may be in a quandary due to the recent decision taken by the Karnataka government making it mandatory for builders to provide home buyers with an OC. 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.

Suresh,

30th January 2015

Now-a-days it has become common in Bangalore and I can tell you at least 50% of the apartments does not have OC.

Daksh, Bangalore

18th August 2015

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 mandatory infrastructure or clearances that make the building inhabitable.

Suresh,

18th August 2015

In Bangalore presently, OC is not mandatory for registering the property. But, the khata for the property will not be issued unless the building has the OC. OC is issued under the provisions of by-law 5.6 and 5.7 of the BBMP Building By-Laws 2003

Pranab Malakar,

18th August 2015

The OC essentially tells you that the owner can legally occupy the building. In Bangalore, this is a mandatory document for an apartment complex having more than five units.

Suresh,

20th August 2015

Documents required to obtain Occupancy Certificate are as follows: 1) Commencement Certificate, 2) Completion Certificate, 3) Built plan along with section plan, elevation and site 4) NOC from fire force, Karnataka State Pollution Control Board 5) An approved and signed sheet of the floor area calculation by the architect 6) Pictures of the completed building 7) Tax assessment with tax paid receipt 8)If solar panels and rain water harvesting done, submit photographs 9) Sanctioned plan copy.

If there is no OC, the Palike can also initiate action against the flat owners, as the law says no person can move into a building without the OC.

Abhinandan Jain, Bangalore

25th January 2015

Comment

What are the key requirements for obtaining an Occupancy Certificate?

Daksh, Bangalore

19th August 2015

Following are some of the key requirements for obtaining an OC:

a) Built as per the sanctioned plan – including plinth, setback, height, FAR.
b) Facilities like club house, party hall, etc. need to be in the sanctioned plan.
c) Mere 5 per cent deviation in building is allowed.
d) Fire Department clearance
e) Electrical Inspectorate Certificate, including lifts, waste management area and on-site composting facility,
f) Sewage Treatment Plant of adequate capacity and treatment to standard, certified by the Pollution Control Board
g) Rain water harvesting
h) Airports Authority clearance (if within the range of an airport).
i) An owner cannot make external changes in his unit without the authorization from the local civic body.
j) Sufficient safety measures should be provided for basement car parking.
k) Basement and the ground floor can be utilized only for car parking.
l) Footpath facing the building should be in good condition

Abhinandan Jain, Bangalore

19th August 2015

What are the documents required to obtain Occupancy Certificate? What if OC is not there?

Kailesh, Bangalore

24th January 2015

Comment

A Permission to Occupy a Building, given by the Municipal Authorities, after verification of all supporting Documents, adherence to Building standards, Fire Safety standards for HighRises, Elevator and other Electrical Safety, provision for Water Supply and Disposal, etc. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.

Gurmeet,

24th January 2015

Comment

Occupancy Certificate is mandatory before you can start living in an apartment. It is illegal to occupy a flat if the document does not exist for that building. Unfortunately, many residential apartments are sold without it as many people, especially the first time buyers, are not aware of its requirement.

Armaan Saxena, Bangalore

23rd January 2015

Comment

According to sources, the Occupancy certificate is mandatory for the buildings which is constructed on site measuring 100 square meters with height up to seven meters.

Nagesh, Bangalore

23rd January 2015