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Procedure to obtain occupancy certificate as builder doesn't provide
19-Mar-2023 (In Consumer Court Law)
Hi Team, I am looking for buying a apartment in Bangalore. The property is ready to move and possession was given 2 years ago. The builder does not have the Occupancy Certificate yet. What are the consequences of buying a flat without OC. What are the chances and procedures of getting OC in case the builder does not provide the same.
As per Section 5.7 of Bangalore building bye law,
“No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected. The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.”
As such it is not advisable to buy flat without occupancy certificate.
Also occupancy certificate OC is issued for an entire building, or a part thereof, and is not given to individual flats.
“No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected. The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.”
As such it is not advisable to buy flat without occupancy certificate.
Also occupancy certificate OC is issued for an entire building, or a part thereof, and is not given to individual flats.
Helpful?
Adv. Swarnarka Chowdhury
Mysore | 400+ Answers
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Sir,
In Bangalore, it is mandatory for every residential complex – which has more than five units, to obtain the Occupancy Certificate.
“A flat owner can occupy an apartment only once the OC is issued, as per law. He should take the physical possession of the said new property only after the builder procures an OC, certifying that the entire project is legally constructed and is now fit to be occupied by residents,”
The certificate is also required when the buyer applies for Khata. A buyer will face problems obtaining Khata without an OC. Please note that Khata is a must in case the owner plans to sell the flat in future. The OC also plays a significant role while applying for home loan or loan to purchase a re-sale flat.
In Bangalore, it is mandatory for every residential complex – which has more than five units, to obtain the Occupancy Certificate.
“A flat owner can occupy an apartment only once the OC is issued, as per law. He should take the physical possession of the said new property only after the builder procures an OC, certifying that the entire project is legally constructed and is now fit to be occupied by residents,”
The certificate is also required when the buyer applies for Khata. A buyer will face problems obtaining Khata without an OC. Please note that Khata is a must in case the owner plans to sell the flat in future. The OC also plays a significant role while applying for home loan or loan to purchase a re-sale flat.
Helpful?
Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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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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