Occupancy certificate requirement

Q: Hello

If a builder is offering possession then should i check if they have occupancy certificate from govt authority or not? Without occupancy certificate is it illegal to stay in that house?

If he doesnt have occupancy certificate then should i take posession?

Rahul Malhotra, Apartment Resident

11th May 2016

Legal in Sector-84, Gurgaon

occupancy certificate

what is occupancy certificate?

what happens if there is no oc?

how to obtain an oc?

why is oc important?

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Replies (3)

Hi guys!!!1
My question is what can buyers do to avoid getting cheated? Is there any remedy to avoid the unseen problem?

Ankita, Ghaziabad

16th May 2016

Comment

Hello Ankita!!!!!
To avoid unseen problem in the future, you should ask for the commencement certificate and occupancy certificate from the builder, Ask for copies of land registration, joint venture, Encumbrance certificate, tax paid receipts, etc., Confirm whether the area is approved by HUDA, Noida Authority, GNUDA etc., Check whether there are any pre-existing owners, check for the approved plan, check for the latest tax paid receipt etc.

Tamal, Delhi-NCR

16th May 2016

Hi Tamal

Can i have your number or can you contact on 9999914241?

Rahul Malhotra, Apartment Resident

16th May 2016

Hi guys,
In absence of Occupancy Certificate, there is also a chance that the electricity and water connection could be cut to the flat. OC is also needed when one plans to get loans to purchase a resale flat.

Anil Singh, Noida

16th May 2016

Comment

Hi Anil!!!
Now, owners of flats and bungalows do not have to depend on the builder for the OC as they individually can apply for it to the municipality. However, if the flat or house has not been built as per the norms laid down by the municipality the owner will have to either tell the builder to fulfill the requirements or do it himself before seeking the certificate.

Kajal, Delhi-NCR

16th May 2016

Hi Rahul,
The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the approval authority (HUDA), The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties. A buyer can move into his/her new apartment only once the occupancy certificate (OC) has been received.

Mirza Ali, Greater Noida

16th May 2016

Comment

It is absolutely right. The builder of the flat issues occupancy certificate once the construction is completed. Legally, every builder/owner should send an application to the commissioner for the OC within 30 days of completion of the building. Sometimes, it is seen that a builder is not getting Occupancy Certificate because he didn't pay pay property tax on time. Secondly, a builder might not have sold all the flats in the complex. In such a situation, the builder is often reluctant to obtain Occupancy Certificate. #rd and the most importantly, if the builder has not constructed the complex based on the approved plan, then there is a chance that the builder might not be able to obtain Occupancy Certificate.

Sachin Singh, Greater Noida

16th May 2016