• Land on A Khata, No OC certificate with the Builder

Hello,

Can someone advise me if i can buy a flat where the land was B khata initially, then the owner paid the betterment charges and got it converted to A khata. Later he signed and agreement with a builder and built 12 flats out of which the land owner owns 6 flats and the builder owns 6 flats. There a supplementary document which says that the owner and builder owns 6 flats each. 
The flat which i am planning to buy is builder's. The builder says, OC is not issued for just 12 flats. OC is only issued to a building which has minimum of 25 flats. He also says since land is A khata, the flat will also be A khata. After registration, i have to apply for the flat Khata in BBMP within 6 months and BBMP will issue KHATA to the flat in 15 days.

Please advise if i can buy the flat.
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) According to the building bye-laws of BBMP, every builder should complete the construction or reconstruction of a building for which the licence was obtained. The construction should complete before the expiry of five years from the date of issue of licence.

2) Within one month after the completion of the construction the builder should intimate the Commissioner in writing about the completion. It should be accompanied by a certificate in certified by a registered architect / engineer / supervisor. Along with this, the application for permission to occupy the building should be submitted.

3) “The authority shall intimate the applicant within thirty days of receipt of the intimation whether the application for Occupancy Certificate (OC) is accepted or rejected. In case, the application is accepted, the Occupancy Certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan,” says the byelaw.

4) In addition, OC should be given after the physical inspection of the building by an official who has to verify if the building has been constructed as per the sanctioned plan and has met the requirement of building byelaws. This includes inspections by the Fire Service Department wherever necessary.

5) don't purchase the flat if builder does not have OC

6) if you so desire you can file RTI with BBMP as whether Oc is issued for building having 12 flats

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

you can file RTI online with BBMP

2) wait for building to be completed . dont be in hurry to purchase the flat

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

It is wrong to assume that your flat will automatically get A Katha because the land is A Katha. A Katha is given to a property/flat only if the construction has been completed in accordance with the sanctioned building plan and not otherwise.

If the builder has not obtained CC-Commencement Certificate after completion of foundation work then he will not be able to obtain OC-Occupancy Certificate on completion from BBMP.

Get the title documents duly verified from a property advocate close to your area and thereafter proceed to buy the flat.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

The Occupancy Certificate in Bangalore is issued by a statutory authority e.g. BBMP or BDA in Bangalore allowing permission to “occupy” any property. It is required for commercial buildings and for residential buildings that have more than five units. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972.

For ready to move in properties and for properties where the outer structure is complete, a qualified civil engineer can access if there are any deviations as mentioned above from the approved plan. It is also advisable that you have your sale agreement reviewed by an experienced property lawyer who can assist you in adding clauses in the sale agreement to hold the developer accountable for delivering the apartment with OC.

If you sense any hesitation from the developer to comply with these clauses, it is safe to walk away from such projects.

Even in cases where the developer declares that the project is non-compliant and OC will not be provided, it is critical for the buyer to know the extent of deviations committed in the project. You should not end up buying an apartment on a floor that has not been approved! After all, it is your hard-earned money and you ought to take an informed decision! In such cases, legal verification of property documents is a must.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

When i go through the documents, i see that the builder has got into an agreement with the land owner in Oct 2014. I do not see any agreed date of completion. I remember the builder saying that once the construction is completed(installation of lifts are pending, compound yet to be constructed and small works pending), i will have to apply for Khata of the flat. I think the builder has not applied for OC and there is no inspection done yet by BBMP. Also can you please tell me if i can file RTI with BBMP online.

A few years ago in a bid to attract buyers, several developers have procured fake OCs in Bangalore in collusion with the Bruhat Bangalore Mahanagara Palike (BBMP) officials and the news was carried in The Hindu. Such fake OCs have not been entered into the BBMP registry and have no legal standing. So, do watch out and don’t trust the OCs given by the developers blindly! BBMP has made available online all the latest OC that have been issued.

over 50% of the properties in Bangalore have deviations greater than 30% making them ineligible for availing OC and many of these projects are pre-approved by nationalized banks.

Deviating setback rules and building extra floors are most common violations developers commit.

the approvals for the number of floors/number of units from Karnataka State Pollution Control Board (KSPCB) not matching the approvals from BBMP. These can stall the project from getting OC.

You have to make sure the above points which may become a problem for ever in future.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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