This is regarding a flat purchased in a complex in Tollygunge, Kolkata. The complex originally had 4 towers (came up in 2011), and now a 5th tower has come up. The flat in question is in the new 5th tower. Possession was supposed to be given in September 2016 (+ 6 months grace period). The flat has been handed over to us for fit-outs and interior work, but the official handover has not happened as the builder does not have the completion certificate yet (the 4 old towers have CC). However a few families have already started staying, and we have been unofficially told to move in as well by the builder. Electricity, sewage, water connections are all in place. Questions - 1. Is it advisable to move in at this stage? What can be the dangers of such an action? 2. If there is further significant delay in handover, will the chances of getting my money back from the builder suffer if I have already moved in without the CC? 3. In Kolkata, are Occupancy Certificate and Completion Certificate the same thing? In the absence of CC, is there any other certification which can allow us to start living in the building?
1. Offer letter for fit out possession is a new practice started by the developers. This window is given to the buyers so that they may get done the interiors etc. in their flats. Officially, possession cannot be granted before the issue of CC. So, it is advisable that you do not move in because at the construction must be still going on at the project site and it can be hazardous.
2. Yes, it definitely will.
3. please contact a local lawyer as he will be able to shed more information on this.
1) don't move unless OC is issued by municipal corporation
2) OC would indicate that building has been completed as per sanctioned plans
3) municipal corporation would demolish if building completed contrary to sanctioned plans
4) it would weaken your case for claiming compensation for delay in delivery of possession
5) Completion certificate is issued to builder / developer on successful completion of project as per approved sanctioned plan.
Occupancy certificate (O.C.) is granted after issuance of completion certificate.
1. Move in to your flat i.e. take possession of it since it will stop the vendor from selling the said flat to any other person ( multiple sale of the same flat is the most common practice followed by unscrupulous developers).You do not have any apparent danger in occupying the flat constructed by the vendor and sold to you.
2. Thereafter file a complaint case before the local District Consumer Dispute Redressal Forum against the vendor alleging deficiency in service and unfair business practice claiming immediate arrangement of CC and official handing over of the said flat and registration thereof and in case of failure to do so, refund of the amount with interest, damage and cost.
3. Both are virtually same and your vendor is required to obtain CC from the Municipal Corporation before officially handing over the flat to you and registering it in your name.
To construct a building a developer needs commence certificate (CC) and Intimation of Disapproval (IOD). Once the building is complete, the builder has to obtain an Occupation Certificate, which certifies that the building has complied with the approved plans.
1. Is it advisable to move in at this stage? What can be the dangers of such an action?
It is not advisable to move in to the flats which is yet to procure OC/CC from the concerned authorities.
It is mandatory for every residential complex which has more than five units, to obtain the Occupancy Certificate before the physical possession of the property.
Even though registration of the property can happen without the OC, it is a mandatory document for khata transfer which is basically the transfer of ownership from the builder to individual owner of the apartment in the record of the relevant authority.
Obtaining/ applying for water, electricity and sanitary connection would be difficult without an OC in place
All builders who have not got the OC for their property need to register it with RERA. Thousands of projects all over India have not got OC since last 15 to 20 years. All these buildings will have to be registered under the authority as under construction projects and builders will have to bring in OC. Failing which, no broker will promote and no buyer will purchase such properties.
In case of already occupied buildings, occupants will have to trace the builders to get them OC or file consumer complaint against the builders or initiate the process of getting OC of their own which requires huge capital and penalties.
2. If there is further significant delay in handover, will the chances of getting my money back from the builder suffer if I have already moved in without the CC?
If you want to leave the property or cancel the booking then it is your decision, the builder has to refund the amount
3. In Kolkata, are Occupancy Certificate and Completion Certificate the same thing? In the absence of CC, is there any other certification which can allow us to start living in the building?
OC is mandatory everywhere across the country.
The recent RERA have come down heavily on it.
Once the Commencement Certificate is obtained, the project is recorded as under construction. Later if the builder doesn’t obtain the OC for whatsoever reason, the project will be still considered as under construction project in the eye of law.
