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RERA, buying flat without OC- Ready to move in


07-May-2023 (In Property Law)
Hi, I am planning to buy a flat which is ready to move-in(completed in 2015), this is the landlord share buying through a broker. builder has applied OC but has not got OC due to some unknown reasons. now with RERA coming into play, can landlord/broker sell flats? would it be safe to buy?
Answers (2)

Answer #1
617 votes
AS you informed that you have proceed to buy a share in the land lord share. Please request the land lord to provide the OC. Because there is no agreement between you and the builder. The owner is selling his portion of share.

So you are directly dealing with the land lord . Don't worry proceed .

You asked,"would it be safe to buy?"

for the we need to look into the documents. Unless it we cant suggest you here.

You can contact us or contact any nearby advocate to very the documents for other legal enquirers.
Answer #2
673 votes
small builders in bangalore do not provide OC. But legally this must be obtained. However BBMP which issues this OC has been regularizing such buildings which have deviated after obtaining commencement certificate, even before the Hon'ble High Court has allowed the passing of Akrama Sakrama Scheme.
Call it a nexus with the builders, but both parties are illegally supporting each other.
Therefore the one question you must be asking yourself and then with the builder is who is going to pay the penalty to obtain the OC at a later stage. If builder agrees to bear this cost, no issues, but if this is passed on to you the owners of the flat, what would be the implications on the cost of the flat.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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