The local laws and regulations are involved in this case.
Since land laws differs from state to state,someone from your state would be in better position to reply this query.
Regarding occupancy certificate from APA or STRR
Hi, I'm Sunil. I'm planning to buy an apartment from a known builder in south bangalore, anakel taluk. I got the legal document kit that includes many documents including copies of anakel planning authority (APA) layout approval and commencement certificate. Now that the apartment is ready to occupy, i asked my developer for OC. The developer give me three documents, one the notification issued from the gazetted office stating the formation of STRR-PA (satellite town ring road planning authority will have some 130odd villages moved from APA) dated late 2016, and another a letter from STRR stating that STRR does not have the rights to issue Occupancy Certificate under gramanthara yojana act 1961. It looks like APA will not issue Occupancy Certificate either as the said apartment is not under APA anymore. The third document I received is from the local grampanchayat stating that the construction does not have any violation and that they have no objection to issue OC. I'm now wondering if STRR-PA is not issuing OC, then who else will? is it Ok to proceed? how to I verify if STRR-PA is going to issue OC or not in near future. Thanks for the help.
Asked 8 years ago in Property Law
Religion: Hindu
3 Answers
your project has been moved from APA to STRR then STRR should issue you OC
2) since STRR has given written clarification that it has no powers to issue OC then builder should obtain OC from gram panchayat
3) Gram panchayat has clarified that building has been completed as per sanctioned plans
4) file RTI application with STRR as to authority which will issue OC for transferred projects from APA
The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property. It is required for commercial buildings and for residential buildings that have more than five units. OC is issued for an entire building, or a part thereof, and is not given to individual flats.
Completion of the flat for any owner is when the flat is legally occupy-able, that is, it is certified by the statutory authority that the flat and building is built and equipped with the necessary infrastructure in accordance with the laws and regulations, safe for living. Without an occupancy certificate, the flats in the apartment complex cannot be occupied by anyone. If they cannot be occupied, warranty declaration has no meaning. According to BBMP rules, occupancy certificate is issued within 30 days of applying for it, unless there is a problem with the property.
No Occupancy Certificate means that the building has not been given a “Pass Certificate”. This means that it does not have all the mandatory infrastructure/ clearances that make the building inhabitable. It is like you saying you have completed your degree but you do not have a Degree Certificate to show for it.
BBMP/ BDA needs to have regular inspections scheduled for every property, so that problems resulting from encroachments and foundations are caught right at the start.
