Consequences of buying a flat without an OC

901 votes

1) Without a OC/CC certificate from builder, the building will not be issued 'A' Katha certificate but will only get a FORM-B Property tax register extract from BBMP.
Nationalized banks will not fund such project without OC/CC certificate.
2) Approved plan for the building is only 4 floor, and if your flat is on the 3rd floor then the 5th floor becomes a deviation and a gross illegal structure, the corporation can demolish this illegal structure anytime. It will not affect your purchase of the flat on the 3rd floor.
3) If Public Sector or Nationalized banks have approved the Project and are funding the purchase it is indeed good to proceed and yes definitely rules out the litigations involved in the said project.
4) The govt makes it mandatory for issuance of the OC/CC for all project through the BBMP, however the builders do not comply with the approved plan 100% as such building with such deviations has become a norm these days. It is not a problem to sell or buy flats without OC/CC for such projects.
5) Purchase of such flats without OC/CC should not be looked at as an obstacle but the problem can be resolved by getting a Katha certificate from the BBMP.
6) He is correct to that extent.
7) It will not be difficult to sell such properties,
8) From a civil engineer, he can assess the deviation.

Advocate Siddhant Sharma LawRato

766 votes

Sir

Sir as my instruction please take a better legal opinion . Because now a days there will be more fraud in all sides.

Once the building was finished, it was the duty of the builder to handover ,all the necessary papers. He cant deny the availability of the document. Even though it is am A KHATHA property, please take legal opinion before you proceed.

Advocate M Lakshmikanth Arya LawRato