• OC/ CC is required for building it built on 2016?

Hi Sir,

I am in Chennai and I paid advance for my new flat. (Flat built in 2016).

I am the first buyer and builder is not ready to issue CC or OC certificates (As per my understanding CC is not required in outside chennai limit. Mine is in Iyyappathangal.) Also OC is not required for the buildings it built before 2017 (before RERA act may 2017). I have read so many articles and I am very confused whether i need to go with or not.. Also when I asked the builder for OC he told me its not mandate for stilt +2 model buildings. its required only above 3 floor building.

Please help me here.
Asked 7 years ago in Property Law
Religion: Muslim

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15 Answers

Oc is required in rera

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Builder is required to obtain completion certificate /occupation certificate from the muncipal corporation 

 

2) if builder has failed to do so file complaint against builder before consumer forum and seek orders to direct builder to obtain OC /CC within stipulated period 

 

3) also seek litigation costs and compensation for mental torture undergone by you 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Please ask builder to show you relevant provision which states that OC is not required beyond your city limits

Also OC is required regardless of the coming into force of Rera

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Sir OC is required write to the builder asking for the occupation certificate/completition certificate it is mandatory If he fails file a consumer complaint seeking compemsation and the certificate.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1) OC and CC is compulsory certifacte that you must have it otherwise your property will not get clear title and you will not able to sell your property to anyone in future one wgo buyer wants to go for home loan.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

Nothing to worry there are so many buildings without OC AND CC also.  It seems the area in which your apartment is constructed needs no such OC/CC.. Please see the following:

PURCHASE APARTMENT WITHOUT O.C

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.

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

1)before going to buy the flat you will take legal opinion it will be very helpful to avoid future litigation, according to me, the Occupation Certificate and Completion Certificate is very essential and mandatory. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. OC is mandatory for ALL buildings, to take occupancy.
2. OC certificate proves that the building is legal and can be used for residence.
3. IF the local authorities are refusing OC, THEN it means that the building is in some way illegal and will be taxed double and water & other amenities by the Municipal /Grampanchayat will also be charged double. Loan /Mortgage also becomes difficult /impossible for such illegal buildings.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

in my opinion it will be very difficult to get a home loan without the OC/CC..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

File RTI application with iyapathal corporation as to whether building has been constructed as per sanctioned plans , whether OC /CC is mandatory 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See in my opinion and knowledge OC is mandatory you can reach out to local plan sanctioning authority and can seek information from there regarding OC are they issuing CC/OC or not.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Even though OC may not be required for G +  2 floors, if you have no problem or if you are satisfied with construction and other amenities you may not worry about it at least at this stage.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

If you are impressed and satisfied about the flat and the amenities therein then you obtain legal opinion and proceed if recommended.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

Generally oc is required for every construction which gives a sanction from the corporation that it is fit for occupation. It is Certificate which states that the said building is constructed following the sanction plans

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

as per law. without CC, no Electricity and water  connection will be given. so CC is must whereever you are in Tamilnadu. CC issued by the competent authority 

But exempted upto Stilt + 2 floor building where Builder himself can give completion certificate and can be sued for any violation later

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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