• Building has "building completion certificate" but NO OC

I planning to purchase a flat in chembur Mumbai. The building has got BCC however it doesn't have Occupancy certificate (OC). My questions are

1. Whether BCC is given after OC or before OC.
2.if I want to get information on the project which municipal office in Mumbai should I approach to get information about the property.
3. In which year did OC law was put in force. Whether OC is not required for buildings built 15 to 16 years back.
4. How to ascertain that the OC copy if provided is genuine. is there any way to validate it.
5. Will psu bank provide loan only on the basis of BCC.
6. Should I go ahead with the property only with BCC and no OC.
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

If builder has BCC you can purchase flat in society

2) you can approach BMC building proposal department to check the building plans sanctioned by BMC

3) file RTI application to ascertain whether plans have been sanctioned by BMC

4) bank will sanction loan on basis of BCC

5) you can go ahead with purchase of flat

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

builder had completed building as per sanctioned plans completion certificate would be issued by the authorities

The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate

Ajay Sethi
Advocate, Mumbai
97646 Answers
7904 Consultations

1. Be OC

2. Approach the office of such local Authority/Body, within whose jurisdiction this building falls. Technically, this would be the Authority which has issued the BCC.

3 To test the authenticity of any document, seek a copy from the issuing authority under the RTI act

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

5 yes

6 depends on the fact whether or not the promoter/builder has raised any unit constructions beyond the sanctioned map.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Did you not ask the vendor about the OC, if so what was his reply?

If the building is more than 15 years old, you cannot get an OC for that at this stage.

The completion certificate shall be sufficient.

Actually all those responsible for constructing illegal buildings often get away scot-free and the end user has to pay the price

“It is reckoned that at least 6,000 buildings across Mumbai are paying double money for municipal water, which means they are not authorised. Many unauthorized structures are routinely regularised on payment of penalties... but there are many more that are not yet regularised for various reasons.

there are thousands of apartments in cities like Bengaluru, Mumbai or Delhi which have been occupied without any Occupancy Certificates. In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations.

Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities.

If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.

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.

T Kalaiselvan
Advocate, Vellore
87846 Answers
2366 Consultations

Just for my knowledge what is the difference between BCC and OC and which comes first

Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities.

If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.

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.

T Kalaiselvan
Advocate, Vellore
87846 Answers
2366 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer