• Commercial building without OC,CC

A commercial building completed in 2010 and leased in 2010 . It is now vacant and owners are seeking details of OC ,CC of the building but builder is not giving any response and due to non availability of OC etc the building is not being re leased .
Q1. is there any law in RERA that requires builder to provide OC to owners .
Q2. can the owners take any action and demand OC in a given time frame . ?? 
Q3. can the owners demand monetary compensation for the delay by the builder.
Asked 8 years ago in Property Law
Religion: Other

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3 Answers

1.The non availability of OC or CC is hindrance to give the proeprty on lease.

2. The OC or CC regulatory compliance of the local authority which does not make the building otherwise unlawful or having illegal constructions unless the local authority has declared it so specifically.

3.i am not sure why the proeprty in this case could not be given on lease due to non availability fo OC/CC.

4.For delay in handing over possession compensation can be surely be claimed from the builder by the owners through consumer forum.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

For all those ongoing projects for which the completion certificate has not been issued as on the date of commencement of this Act in the state, the promoter has to apply for registering such incomplete projects within a period of 3 months from the date of commencement of the Act.

2)And, while registering a project, the promoter needs to give a revised date of completion which should be commensurate with the amount of development completed

3)"All substantive provisions of the Act would apply to existing projects where CC has not been obtained. Buyers of such projects are vested with the complete rights available under the Act. The buyers can obtain full information about the project and the promoter on the website of the authority post the registration",

4)you can seek monetary compensation for failure of builder to obtain OC

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

RERA is not applicable to those projects that have the Occupancy Certificate as on the date of notification. The objective of RERA is to protect customers especially through the period of the construction of the project. Once a project has the Occupancy certificate the risk to the consumer reduces drastically. Therefore projects which are at the end stage and are able to obtain the Occupancy certificate best advised to do so."

All those projects which have not received the OC prior to the commencement of the Act will come under the purview of the Act.

The owners can demand OC from the builder.

The owners can even drag the builder to the consumer forum if the builder is not obliging to their demand.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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