You can go ahead with the registration Of the property ... If Any disputes arise in future regarding the OC you can approach the consumer forum
OC under rural jurisdiction
I have taken property in Devanahalli Bangalore from reputed developer. This property is under BIAAPA ( bangalore airport area planning authority) and falls under rural jurisdiction. All these times, from booking till the last payment builder maintained that OC will be given. Now that the unit is completed and the builder has sent the notice to register the property. They are claiming that OC is not required as it falls under rural jurisdiction and to go ahead with registration. Question - Is OC not required for the flats under BIAAPA ? Many thanks Regards Prashant
Asked 8 years ago in Property Law
Religion: Hindu
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6 Answers
1) file RTI application with BIAAPA as to whether OC is necessary in respect of layout plans approved by it
2) if not OC whether builder is willing to obtain building completion certificate?
3) register flat in your flat since you have already paid full consideration to builder
4) if reply reveals OC is necessary then file complaint against builder before consumer forum and seek orders to direct builder to obtain OC
An Occupancy Certificate is obtained after the completion of a project construction by a builder. It is given only after the authorities carry out an inspection on the property. The certificate evidences that the project constructed by the builder has met all the given norms. An Occupancy Certificate will be needed at the time of property buying, seeking a home loan, before taking the property possession and for Khata transfer. It basically confirms that the project is ready to be occupied.
Supreme Court has given a judgment in a case between Faqir Chand Gulati and Uppal Agencies Pvt. Ltd. which clearly holds the builder responsible for the provision of completion and occupancy certificate. A certificate of occupancy is evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by, the local authority. It complements a building permita document that must be filed by the applicant with the local authority before construction to indicate that the proposed construction will adhere to zoning laws.
1. BIAAPA has prescribed bye laws for construction of buildings in its area which you can peruse yourself in the net.
2. Once there is a bye law for construction of building in its area, it is mandatory for BIAAPA to ensure that approval for construction of building in its area given and is taken and the building is constructed as per the sanctioned plan.
3. So, it is imperative that the builder shall have to avail O.C. after construction is over and before the flats are occupied by the buyers and the title deeds of the flats so constructed are registered.
1. Without OC the flat cannot be occupied by the buyers, but the flat can certainly be registered, so go for the registration of the sale deed.
2. Seek details through RTI from BIAPPA as to whether OC is required for the property in question. If the reply states that it is mandatory then move to consumer forum against the builder seeking directions to him to obtain the OC and also claim compensation for delay and mental agony.
It is not mandatory
