Part occupancy certificate

Question

Part occupancy certificate

I have flat in a Group Housing Society in Greater Noida, UP. In this regard, i request your view on following:

1.Whether Developer/Builder of the said society is legally allowed to enforce me to take the possession of my apartment, on the basis of “Part Occupancy Certificate”, issued by Greater Noida Authority, to the Developer/Builder of the said society.

2. Is it legally allowed to take the possession of flat, in said society, while some part of the said society is under construction ?

3. Is it legally allowed to take the possession of apartment, in said society, while full completion certificate is yet to be issued by Greater Noida Authority, for the said society?

4. Is there any validity period of part occupancy certificate issued by Greater Noida Authority ?

Request for your immediate help.

Regards,

Hemant Gupta

Asked 8 years ago in Property Law

Religion: Hindu

Answer 1

since part OC has been issued builder can force you to take possession of your flat

2) you can take possession as there is partial OC issued .Where the Chief Executive Officer on the certificate of the technical personnel is satisfied that the temporary occupation of a building or any portion thereof before its completion does not adversely affect public welfare, may permit temporary occupation of such building for a period as he deems fit.

3) It is valid until the entire project is completed and the authorities issue the Final OC for the entire project

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Answer 2

1. Part occupation certificate can be given by authority if it is satisfied with one tower or one floor etc as per rules. While taking possession of a property, an occupancy certificate is issued by the statutory local development authority. This document gives a builder the permission to let buyers occupy the premises and is mandatory for any building with more than five unit. Partial OC is granted to large projects that are being developed in different phases or blocks. ‘’Once a specific phase is completed, the concerned authorities after inspecting the building grants it a Partial OC.

2. It is valid until the entire project is completed and the authorities issue the Final OC for the entire project.

3. As per lkaw No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected. The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.” Simply put, this means that the builder, on completion of the building, needs to apply to the statutory authority for OC.

4. Validity shall be until the entire project is completed and the authorities issue the Final OC for the entire project.

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Part occupancy certificate

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