• Society formation without Occupancy Certificate of building

Hi,
Last year we got the Soft Possession of the property and the entire building is occupied. The functionality of the society requires fund that needs to be collected for which society formation is necessary for us. We would like to know the Pros & Cons of forming the society without obtaining Occupancy Certificate (as its builder's process). 
Plz suggest what is the right way to deal with. The deposit of maintenance given to builder is 18 months and many of us are abt to complete 12 months staying at the said premises.
Asked 3 months ago in Property Law from Thane, Maharashtra
Religion: Hindu

Dear Client,

State cooperatives department has allowed registration of hosing societies which may have not received OC and CC. 

And for issuance of OC, owners can separately proceed agasint the builder.

Yogendra Singh Rajawat
Advocate, Jaipur
8884 Answers
8 Consultations

4.7 on 5.0

1) you should not have taken possession of flat unless OC was issued by TMC 

 

2) it is responsibility of builder to form society and obtainOC 

 

3) issue legal notice to builder to obtain OC and form society 

 

4) if he fails to do so file complaint against builder before RERA seek orders to direct builder to obtain OC ,form society 

 

5) in alternative file complaint against builder before consumer forum and seek orders to direct builder to obtain OC , form society 

Ajay Sethi
Advocate, Mumbai
59705 Answers
3613 Consultations

5.0 on 5.0

all flat purchasers can form a society without OC

Society so formed can then takeover management of building

OC will be needed when the land and building are required to be conveyed to society 

the builder will have to handover the deposit towards maintenance which he collected from the buyers, to the society

Yusuf Rampurawala
Advocate, Mumbai
3667 Answers
16 Consultations

5.0 on 5.0

1) You can form society if maximum flats are sold.

Ganesh Kadam
Advocate, Pune
6253 Answers
46 Consultations

4.9 on 5.0

1. See first of all it is duty of the builder under RERA and other laws to get OC and then form a society and hand over the working of same to members along with the maintenance amount they have collected.

2. So give a legal notice to builder for OC and society,

3. if he fails to get OC file a consumer complaint further you all can come together and form society.

4. See you need a conveyance from the builder for common area in name of society along OC so you need ot proceed against him.

  

Shubham Jhajharia
Advocate, Ahmedabad
14127 Answers
57 Consultations

5.0 on 5.0

1. Under the local Civic Body laws, it is illegal to occupy a building which does not have Occupancy Certificate, duly issued by the local civic authorities. IF the Builder does not get OC, THEN file matter before local Consumer Court.

2. The Builder /Developer has to form a Society WITHIN four months of giving possession, ELSE the occupying members can form society with /without builders cooperation. OC is actually not required for registration of the Society.

3. Take proper AUDITED accounts of the 18 months from builder, BEFORE actually signing the Hand Over documents, records and accounts.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
1641 Answers
9 Consultations

5.0 on 5.0

Society formation can be done once you gets more than 7 members.

G Suresh
Advocate, Chennai
351 Answers
1 Consultation

4.9 on 5.0

Normally it is the responsibility of the Builder to get the society registered and later later the society can be transfered to the owners of the campus.

If society is not registered till now you can approach to the registrar of societies in this regard and complete the registration process by submitting the subscribed bye laws of the society which could be model by law by at least three owner residents along with the required fees for registration.

After getting the registration you have to open your bank account and the subscribers of the bye law will be the initial representatives of the society and they will have to conduct the election of the resident welfare Association to run the society and collect the common area maintenance charges.

Vimlesh Prasad Mishra
Advocate, Lucknow
4708 Answers
11 Consultations

4.9 on 5.0

Once a society is formed and got registered, then it may also try to obtaion the OC directly  if the builder is not cooperating.

In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations.

As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.

The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.

 

T Kalaiselvan
Advocate, Vellore
49835 Answers
590 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that the society need to be made as soon as possible.
  2. For the same, the society should get registered with a name part of the RWA.
  3. There you would be needing 7 meme era minimum in it for its registration.
  4. Once it has been registered then  all can start paying the maintenance in the account on the name of the society in bank.

Sanjay Baniwal
Advocate, South Delhi
3780 Answers
7 Consultations

5.0 on 5.0

This is my response to you:

1. The builder should form the society once more than 60% have occupied the premises;

2. The builder may have given a timeline to obtain OC and he should abide by it;

3. If he does not then you cannot occupy the premises as the municipal authorities can send you a notice;

4. You can form an ad-hoc society for the time being;

5. Consult a local lawyer, discuss the full facts and then take steps.

Gowaal Padavi
Advocate, Mumbai
1599 Answers
2 Consultations

5.0 on 5.0

Yes you can form the society without oc and cc now. Only a certificate from the civic authority is required that the sanctioned plan is approved by the civic body

Prashant Nayak
Advocate, Mumbai
7054 Answers
7 Consultations

4.8 on 5.0

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