Possesion certificate and occupancy certificate not being provided

899 votes

Who is xx here? the Bank!
Your question is not clear how can we give Answer here. Normally you ought to get possession/occupancy certificate from the builder as you are in Possession of the property and not the bank. But I would like to have more details for that we need to meet you can contact me through Lawrato.

Advocate Rahul Uday Singh LawRato

597 votes

Dear client,
As per the details given by you it seems that your promoter is lying to you because when the possession of the said flat is given to you hopefully on basis of execution of registered deed of sale then there is no point of holding the occupancy certificate and moreover when you are in possession of the said flat on basis of registered deed of sale that itself is sufficient to establish that you are in possession of the said flat.

Advocate Vikram Ojha LawRato

824 votes

Hi. Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies. OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate. So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.
Who can apply for OC? – The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.

Advocate Krishnendu Ghosh LawRato