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Consequences of taking Possession without occupancy certificate
22-Sep-2023 (In Property Law)
Please let me know the impact of taking possession without occupancy certificate. What should one do if they take possession without occupancy certificate when the builder is not responding
Occupancy Certificate (O.C.) is issued to state that a certain building is worthy for human habitation upon complying with all the building norms, codes and other municipal bye laws. This includes an O.C. from the Fire and Emergency Services. An O.C. is mandatory before occupying any premises and the authorities can evict anyone from a premises having no O.C. When applying for loans or khatha, O.C. shall be required. Sometimes, when selling a certain premises non-possession of O.C. can bring down the value of your property.
Action when Builder is not responding for issuance of O.C.
i) Consumer Court for deficiency of service or
ii) Before the Real Estate Regulatory Authority:
As per the Real Estate (Regulation & Development) Act, the Builder is duty bound to issue the O.C.In case of failure on the part of the Builder, a person can file a complaint before the Real Estate Regulatory Authority and seek for compensation that could extend upto 5% of the entire Real Estate of the premises
Action when Builder is not responding for issuance of O.C.
i) Consumer Court for deficiency of service or
ii) Before the Real Estate Regulatory Authority:
As per the Real Estate (Regulation & Development) Act, the Builder is duty bound to issue the O.C.In case of failure on the part of the Builder, a person can file a complaint before the Real Estate Regulatory Authority and seek for compensation that could extend upto 5% of the entire Real Estate of the premises
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