The question is not about the builder's reputation or the trustworthiness of the seller.

If there arrives a problem with regard to obtaining OC and also the khata transfer, then you may not be able rectify any such situation.

Neither the builder nor the seller will be able to keep up their promise to procure OC nor khata transfer after the sale is completed.

Hi, it is not suggested to buy that house, however you may enter into an agreement and can pay some token amount. Go for loan and other things when OC is confirmed.

Dear Sir,

You may purchase it, because of following reasons, there will be no risk. Believe me.

According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. Among these, 50 per cent are apartments. Another alarming fact is that only 97 high-rise buildings have obtained OCs between 2009 and 2014. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. This amounts to a direct violation of Section 5.7 of the Bangalore Municipal Building Bye-law of 2003.

Living in a flat without occupancy certificate? You may lose power

BENGALURU: Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties.

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartment builders, by disconnecting power.

But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.

Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.

ISSUE NEEDS A RELOOK

This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.

1. Without OC the possession cannot be delivered. Tomorrow if the OC is not granted and khata is not transferred then the builder and seller will resile their promises.

2. Unless the khata is transferred and OC obtained the property should not be bought.

you should not purchase the flat till OC is issued

2) wait for transfer of khata in name of purchaser

3) only then purchase the flat

4)there no buyers at present . best option is to wait for issue of OC then purchase the flat

Khatta alone cannot confer title. Sale deed and revenue records will establish title. Banks are ready to loan as it is income for them. So, take all the papers and meet a lawyer to understand more about the builder and property. I can refer lawyer in bengaluru.

Hello,

I never advise client to purchase a property whose OC has not been obtained by the builder.

You never know that what illegality has been committed by the builder if he is not having the OC.

You may wait till the time OC is obtained by the builder.

You will be investing your hard earned money and there is no point in investing the same in such place which might cause some problem to you.

Regards

If the bank is ready to fund the purchase, then I would say it is safe to proceed to purchase the property. Post obtaining the Katha only the present owner will be able to register the property in your name. So for the time being you must enter into an agreement of sale with the present owner/seller and once the owner/seller obtains the Katha in his name, you can complete the registration.

You can minimize the risk or completely remove it by following the above course of action

Hi,

This is very common to offer possession before the occupation Certificate and get the property registered in the name of the buyers.

Normally occupancy certificate is delayed due to some technical requirements to complete for OC.

THE PURCHASE OF A FLAT WILL NOT AFFECT IN ANY WAY TO YOUR RIGHTS OF OWNERSHIP OF THE FLAT AND WILL BE ONLY OF YOUR'S.

Hope all the required sanctions of the project constructions are well on place.

now a new act has come i.e RERA, try to contact a local lawyer.

Well, whenever a property is purchased then name is mutated from the office of tehsildar.

and there is no risk in purchasing the said property but i will advise that first wait for all the documents.