The builder isn't telling you the truth. The OC and cc have to be issued and in case the builder defaults on his promises you can approach the rera tribunal.
Regards
Completion Certificate and Occupancy Certificate for a flat under Panchayat area in West Bengal
I am seeking to get the Completion Certificate and Occupancy Certificate for the flat under a Panchayat area in Howrah district in West Bengal. The builder has said that for Gram Panchayat area Completion and Occupancy Certificates are not issued. Please advice a proper way to deal with this before I could pay for the possession of my flat. Just for information, this is a SBI home loan approved property & I have got my house loan from SBI for the same.
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
In West Bengal CC/ OC is not issued by gram panchayats,
Sir the gram panchyat only issue a letter on letterhead for possession it doesnot issue a OC or CC.
OC - rare possibility but CC. buildign plan must be approved by gram panchayat, so CC is issuable.
The project is illegal if it does not have approval and OC. Government can raze the building any time.
Generally, if the builder is not going for approval the project and OC looks to be very suspicious. The land might be encroached from a government land (lake, storm water drain, etc) or other issues. Why the builder is not going for approval? What is stopping the builder from getting an approval? It is strongly suggested to stay away from unapproved projects. Also, never believe when the builder says we are in the process of getting approval. Until you get the approval, stay away from such projects.
Yes, there is no need for occupancy certificate for a property constructed in a Panchayat area.
However a duly sanctioned building plan is required to make a puuca structure on a land.
Had there been a issue then SBI would have sanctioned the loan.
Approval from muncipality or local authority is a must. Nobody should construct an apartment or a house with out considering safety issues, approach roads to the project, etc.. Concern Dept are the only authority to approve your building plan (not Gram Panchayat). The project is illegal if it does not have approval and OC. Government can raze the building any time if they wish.
Your builder is wrong in panchayat area OC are issued by the Panchayat through the builder , the builder will obtain the OC from the Panchayat after informing them that the building is complete and ready for the sale to the buyer, then the buyer will be in legal possession.The intimation given by the builder to the Panchayat will be the sufficient after the panchayat collect him the due tax for the area.
Dear Sir,
- It is builder responsibility to obtain the respective certificate from the respective Govt agencies.
- If Builder is not able to provide the same, you can approach the RERA tribunal U/s 31 stating his lackness.
- Incase he is small time builder, you can approach the District Consumer Court with all the evidence in-hand.
- You may contest the case in Consumer forum by self also as Tribunal allows self representation too
- The compensation can also be claimed for same
Regards
Vivek Arya
1) Builder has to get completion certificate and occupancy certificate from collector office.
1. The Gram Panchayat has no legal jurisdiction to issue "Completion and Occupancy Certificates". However after completion of the Building, JUST SIMPLY file application to the Gram Panchayat to issue you yearly "House Tax receipts".
2. Gram Panchayat issues Form-8, for the House and this is final for any & all legal purposes.
Issuance of Occupation certificate and completion certificate from local authorities is mandatory both under HIRA and RERA. It the responsibility of promoter to obtain such certificate and make it available to the allottees individually or to the association.
Now a days the village panchayat boards are not the competent authorities to sanction approval for the building and similarly they do not issue completion certificate or occupation certificate.
It is the competent authority which issues occupation certificate as per the prevailing rules on this.
The builder may give plenty of reasons for not obtaining the occupation certificate, you may confirm the same from local sources and then decide further course of legal action on it.
The bank will not be interested whether you get occupation certificate or not.
- Firslty, as per the information given by you in the present query, makes it clear that you the plan was sanctioned under the gram panchayat policy.
- Secondly, so, as per the law, when youngavyou got some approval from the present department and thereafter if the department/ authority changes then you do not have the need for getting the approval again.
- Thirdly, if you had not taken the completion certificate then now still you may make an application before the present authority stating the reasons for delay.
- Fourthly, they may reject it, but at least you would have something to show if anyone puts any objection in future.
- Fourthly and most importantly, since the Gram panchayat does not give the Completion certificates and the layouts were sanctioned by the gram panchayat the CC is not required the old registered title documents of the property and the sactioned plans from panchayat and share certificate is enough.
that is right, no OC or CC is issued for any area which is not falling under the development authority
