• Half building being constructed first

In 2011 I had booked a flat in Empress heights Marol andheri east. 
We were told building will be ready by 2012 December. 
There are 2 wings and in our wing they have completed 7 slabs out of 8floors .they said they will hand over flat this December of our wing. 
The other wing will be done by December 2019.
Can v move in this December without OC. 
We have allotment letter But not registered yet
Asked 4 years ago in Property Law
Religion: Christian

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20 Answers

No, please first get it registered as if any dispute in future with regard to the completion of it or any touching work then you may be asked to as to why you put in when it was not fully ready.

I advice you to have a word with them in regard to the same. If they say yes then try to ask them to have something in return as they are saying to take all responsibility of any kind of touching work.

Good Luck...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. If the project has not received OC then it has to be compulsorily registered with RERA

2. Occupying a building without OC is illegal

3. Tell your builder that you will not pay the instalment if possession is not handed over with OC

4. Sometimes dishonest builders give the possession in the name of fit outs or for furniture. Also known as fit out or furniture possession. The builder then does not obtain OC so that he can continue to exploit the FSI of the land.

5. I suggest you file an online complaint against builder with RERA and demand possession with OC. Also demand interest and compensation for late possession.

6. The allotment letter will govern the terms and conditions for handover of possession.

7. Once you take possession the builder may take years to obtain OC or may not even obtain a OC. He is only interested in selling the flats and taking the money. So it's better you accept possession under directions from RERA.

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Builder cannot deliver possession until OC is issued

2) call upon builder to execute registered sale deed in your favour

3) don’t take possession on mere allotment letter

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

Since you have not received the OC then it is not advisable not to move in. Since legally you are not allowed to enter the flat.

Till the time you do not have a registered Sale Agreement with the builder, you are not the owner of the flat.

If you have not received the OC, then you can do the following:

1. You should collect the papers evidences relevant to your case including the BCC, allotment letter etc.;

2. You should collect evidences of advance payment made by you, including the allotment letter, make sure it is signed by both the parties, the banking transaction showing that you paid the advance amount for the booking;

3. You should write a personal letter to the the builder asking him to not back out from the transaction and hand

over the possession on a fixed date, otherwise you could take legal steps;

4. If they still don’t respond, then issue a legal notice through a lawyer to them stating that you have been wrongfully been cheated by the builder;

5. Since the OC has not yet come, you can also file a complaint before the RERA authority if the project is RERA

registered. You can claim compensation as well;

6. Then last stage you can also file a case in court whether a suit or consumer forum or an FIR in police station

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1) First get registered of tbe flat that is most important as you have paid huge amount si get property on your name. And later on in December you can take possession of the flat on the basis of allotment letter. If internal work completed and its the flats is made available for living purpose than you can live in it. Other external work may be pending that's why OC is not taken by municipal authority.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Under the BMC & MRTP Acts, it would be illegal & an punishable offence, to occupy any Flat without getting the Occupancy Certificate from BMC. Further to be legally safe, Agreement is compulsory, in your financial interests.

2. IF the builder does not get the OC before giving possession, THEN make written complaint to RERA or to the Consumer Forum.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

You can move without OC with some untold risk. The rules respect of OC is as follows:

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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 apartmnt 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.

THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.

310. Completion certificate and permission to occupy or use.- (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the byelaws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building. 1 [(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more 512 Municipal Corporations 1977: KAR. ACT 14] than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.]1 1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. (2) No person shall occupy or permit to be occupied any such building, 1 [or part of the building]1 or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf; or (b) the Commissioner has failed for 2 [thirty]2 days after receipt of the notice of completion to intimate his refusal of the said permission. 1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. 2. Substituted by Act 32 of 1986 w.e.f. 17.6.1986

A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. A mandatory no-objection certificate issued by the local development and municipal authorities, the completion certificate of any building in Karnataka proves that the building has been approved by the Bangalore Development Authority, as per the stipulations in the Karnataka Town and Planning Act (1961) and the Bangalore Development Authority Act (1976).

Contents of a Completion Certificate

The certificate should contain all the required details, including the identification of the land, the location, if the building has met all the standards of safety and regulation, the distance from the road, distance from surrounding buildings, height and other criteria set by the Municipal authorities, along with the building plan. In short, the completion certificate guarantees that the building has not violated any rule in that locality. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity.

In case of a builder or a developer, it is mandatory that they give a copy of the completion certificate to a person purchasing the house.

How is a completion certificate awarded?

Once the project is completed, the local authority inspects the premise on the basis of the building plan and awards the completion certificate, provided it is satisfied. The builder then applies to the departments yet again along with a copy of the completion certificate to get water, electricity connection and other basic amenities for the project.

Provisional and final completion certificates

A provisional or temporary completion is usually awarded to a builder if they want to hand over an apartment to residents but still have pending work to complete, such as finishing construction of amenities like the club house or painting. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate.

Why is it important to have a final completion certificate?

A final completion certificate is awarded after the construction of a house is complete or if a group housing or apartment society is formed. It is a mandatory legal testimony to the fact that the builder has not violated any building rules and standards such as the floor area ratio limit, structural design, distance from road, quality of construction, distance from surrounding buildings, height of the building, number of floors and other criteria, along with an attested and approved building plan. This certificate is needed for an apartment or building to receive basic facilities such as electricity and water. In fact, the water rate is converted from non-domestic to domestic only after receiving a completion certificate. A buyer should not get possession of a house or building without a completion certificate, which also sets into motion other compulsories such as the payment of property tax and housing loans.

What if a completion certificate is not awarded?

If the developer has not been awarded a certificate of completion, buyers can either approach the local municipal authorities to award the completion certificate or can form a resident’s welfare association to speed up the process. In case new properties operate without completion certificates, residents are threatened to be evicted and the city engineering department will penalise the properties for not paying property tax.

Many people are unaware that a completion certificate is crucial to procure, before finishing payment of a final instalment in terms of purchasing a property. Builders tend to persuade hapless people into buying a property without possessing the appropriate legal documents. Hence, it is important to press for the builder to acquire a completion certificate, before releasing the final payment to the same. A completion certificate is also required to ensure that safety norms such as codes in the case of fires, accidents and other criteria are met.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. Without obtaining OC from the appropriate authority which confirms that the construction of the flat has been completed as per the sanctioned plan, it is not advisable to take its possession.

2. If it has been mentioned in the brochure that the flat will be handed over to you in the month of December,2012, then there must have been some penalty clause written therein for any delay in handing over possession and executing registration of the said flat.

3. You can file a consumer case before the local District Consumer Dispute Redressal Forum against the builder alleging deficiency in service and unfair business practice praying for a direction upon the builder to register the sale deed with in next 6 months and pay amount equal to the rent applicable on the said flat from its promised date of handing over possession of i.e. from 2012 with interest, damage and cost.

4. If you have multiple numbers of such aggrieved persons then all of you can file the consumer case together which will be economical and also effective.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Dear Client,

Kindly note that without Occupancy Certificate (OC) no one is allowed to occupy the premises.

Further, post booking you should have insisted the Developer to execute Agreement to Sale. Has the Developer given anything in writing confirming the completion date? As the project is under construction check the Maharera website to find out the exact date of completion which developer has updated.

If any thing contradictory, you can ask developer for clarification and also issue legal notice for claiming damages.

Regards,

Expert Jurist LLP

Jyotishwar Bhosale
Advocate, Navi Mumbai
15 Answers
1 Consultation

5.0 on 5.0

Do move in/take possession of your flat without OC.

You are advised to register a complaint before RERA(Real Estate Regulatory Authority)

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

since OC is not received you will have to pay gst

stamp duty and registration fee are applicable

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

For execution of sale deed stamp duty and registration charges are payable by you

2) you have to pay GST if you purchased under construction flat

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Without OC,u can take possession. OC is clearance from local authority that building is constructed abiding building by laws and violation.

So, before OC registry can be done which will bear 6 % stamp duty, but no full payment, otherwise you will left in loom as once the builder will get full payment, y will he take interest to get OC.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

At the time of registration you have to pay the stamp duty registration plus gst 18%

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

No with out OC your occupation is illegal , better get it registered first then take the possession of the property.

Builder shall first register property in your name and then provide OC then you can take possession.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The registration and stamp duty shall be payable on registration further since flat is under construction so you as on 1st july 2017 so you have to pay gst.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Yes before registration of the property you must pay stamp duty.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

In general, it is not advisable to occupy the property without OC and also without registering the property on your name by a rgistered sale deed.

Dont undertake any risk even after having invested a huge amount.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

before registration do i have to pay stamp duty+ registration + gst of 18%

If you are buying an under-construction property, it is considered as availing a service from the builder; hence, you are supposed to pay GST on it. According to the GST law, construction of a building, complex or a part of it, intended for sale to a buyer, attracts GST on the sale price.

An under-construction property attracts GST at the rate of 18%. But it is not charged on the entire value of the property; it is charged only on two-third of the value. One-third value of the property is considered as the cost of land. According to CBEC, “effective rate of GST payable on purchase of under-construction residential or commercial properties from builder involving transfer of interest in land or individual share of land to the buyer is 12% with full input tax credit (ITC).”

The stamp duty and the registration charges are to be paid for registering the sale deed.

The GST has to be paid as applicable.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. If the last payment has been made by you before 1st July' 2018, then GST is not applicable on your said property but there will be service tax to be charged on all your said payments.

2. However, you shall have to pay for the registration which you can pay directly by making payment to the Registrar. However, the builder will charge some amount (may be 1% of the value of the property) towards legal fees for drafting, executing and registering the sale deed by its Advocate. You can pay the stamp duty and registration fees to the builder also for the said registration for his buying/paying for the stamp duty and the registration fee.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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