Legality in buying property without occupancy certificate in Bangalore

900 votes

Buying a property (in an apartment having more than one floor) without OC and CC is like buying a vehicle without having license to drive.
(Karnataka Municipal Corporation Act) Section 310 speaks about. Completion certificate and permission to occupy or use- (1)Every person shall, within one month after the completion of the erection of
a building or the execution of any such work, deliver or send or cause to be
delivered or sent to the Commissioner at his office notice in writing of such
completion, accompanied by a certificate in the form prescribed in the byelaws
signed and subscribed in the manner prescribed and shall give to the
Commissioner all necessary facilities for the inspection of such buildings or
of such work and shall apply for permission to occupy the building.

[(1A) Notwithstanding anything contained in sub-section (1), where
permission is granted to any person for erection of a building having more
than one floor, such person shall, within one month after completion of
execution of any of the floors of such building, deliver or send or cause to be
delivered or sent to the Commissioner at his office, a notice in writing of
such completion accompanied by a certificate in the form prescribed in the
bye-laws, signed and subscribed in the manner prescribed and shall give to
the Commissioner all necessary facilities for inspection of such floor of the
building and may apply for permission to occupy such floor of the building.]
(2) No person shall occupy or permit to be occupied any such building,
[or part of the building] or use or permit to be used the building or part
thereof affected by any work, until-
(a) permission has been received from the Commissioner in this
behalf; or
(b) the Commissioner has failed for
[thirty] days after receipt of the
notice of completion to intimate his refusal of the said permission.

Advocate Narendra MN LawRato

737 votes

Consult RERA office and complain about the same if you have already purchased. If you are in process of purchasing then insist the builder to get the relevant certificate of occupancy etc : If they comply then you can purchase the same

Advocate Sahela Begum Barbhuiya LawRato

580 votes

Dear
Legally to occupy a flat the project should have OC from the Competent Authority. otherwise it is illegal.
Though most of the apartments don't have OC or CC.
IF the project is registered with RERA it should have OC or else they will be promising you to provide OC. Under RERA it is Compulsory that they shall provide OC.

Advocate Sharada H V LawRato