Builder needs to obtain OC from
Authorities
2) if flat owners have taken possession maintenance charges can be recovered from then
3) builder has to form cooperative housing society or condonium of flat owners
Cam charges to builders after cc received from authority
We are living in a society where no maintenance was charged till now because the builder did not get the CC from the building authority. Now that the CC has been confirmed by the builders, can they now demand the prescribed CAM charges as laid down by the nodal authority?. Also the society we live in has no RWA. After CC RWA has to be formed irrespective or Not?. Please advise.?
Asked 7 years ago in Property Law
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9 Answers
what is an OC? and yes possession has happened in 2016 but no charges were paid till date. The builder was running the show on his expenses.
Asked 7 years ago
OC is occupation certificate
2) it indicates that building has been constructed according to the permissible plans and abiding local laws. The local municipal corporation issues this document after ensuring that compliance of all local laws has been done.
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
Sir you have to pay the maintenance and other charges.
The RAW can be formed in prescribed time till then builder can manage the society and can ask for maintenance charges.
OC is occupancy certificate it shows that the building is complete and good for taking possession. Since there was no completion certificate he didn't charge the maintenance now he can,
In Uttar pradesh there is no OC and only CC of the complete society which the Builders have obtained. Now in our case we already have possession earliers but were not paying or some residents were paying less from the prescribed CAM Charges but now the builders have billed CAM Charges as per prescribed rate agreed by us. Will we have to pay them?
Asked 7 years ago
You are liable to pay maintenance charges as per agreed rate from date of taking possession
You ought not to have taken possession before issue of completion certificate
Yes you have to pay them as per the agreed amount builder can recover same legally otherwise.
In our case the builder had given us our respective units by a special cases permission by the way of LETTER OF PERMISSIVE CUSTODY IN APRIL 2016 and a note mentioned underneath -{ The Maintenance will start from _ day of the date given above (Eg- 7 th April -16) or the actual handover date whichever is earlier} which has been signed and acknowledged by us and the builder. Now The CC has come in OCT-18 so are we liable to pay the maintenance charges as agreed in our Permissive Custody letter from April -16 or Oct-18.???
The Registry are being done Now . The maintenance agreement states the starting of Maintenance from the DATE OF OFFER OF POSSESSION OR DATE OF POSSESSION WHICHEVER IS EARLIER... Please advise...Asked 7 years ago
you are liable to pay maintenance charges as you have taken possession of flat from April 2016
maintenance agreement wordings are clear you are liable to pay maintenance
On the basis of your agreement of possession without OC the builder can claim for the maintenance. As there is agreement signed builder can file for the maintenance amount though can be contested if the actual possession at that time was not taken and on ground of OC.