See till the time OC is not received it is not advisable to take possession. Of all the permission were there before the rule then with permission of National green tribunal builder can take permission and can receive OC.
Prestige Lakeside Habitat Buffer Zone
Some of the villas in project Prestige Lakeside Habitat on Varthur Road, Whitefield, Bangalore haven't got OC from BBMP due to the latest buffer zone rule changes by NGT. I have one of those 35 villas out of total 271 villas which hasn't got OC. The project got all the necessary approval before the project started from local authorities. Construction is done and builder is asking to take handover of the villa without OC. Can I take possession and start interior work and plan to move?
Asked 7 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
8 Answers
1)the National Green Tribunal’s direction affixing a 75-metre buffer zone around lakes nala's Canals.
2) Without a valid OC, your villas can be demolished as it can be classified as an unauthorised structure by the authorities.
Hi,
It's better not to take possession without occupation certificate acquired from competent authority because the builder may avoid many of his legal duties.
builder cannot deliver possession unless OC is issued
2) O C is certificate that building has been constructed according to the permissible plans and abiding local laws.
3) even if you shift don’t spend substantial some of money on interiors
Dear Client,
NGT order has prospective effect but confusion still cloudy and not clear. So, better confirm from municipality office or take in written, whether projects with approved sanction plan started before the order and were in progress.
What is the situation, whether OC issuing or not, as per my information, due to no clear instructions in this regard, no OC CC are issuing, so dispute exits.
And acceptance of possession has repercussion if payment already made.
Legally you cannot take possession of the villa without oc. He is doing a illegal act. You can approach rera or Consumer court as per the requirement of the said Matter.
If the builder is asking you to take hand over without providing OC, you are taking a big risk. In the near future if the NGT were to order demolition of the Villas in this project including yours, then you will suffer a big loss. Builder will not intervene nor help you to safe guard your Villa. Ask the builder to get a clearance from NGT post which you take possession, otherwise alternatively demand for a villa with OC or simply cancel the booking and demand refund together with interest.
The project may not OC from the competent authority owing to the ban imposed by its orders by NGT.
Hence it would be better that you wait for some more time to take possession.
