• Part Occupancy Certificate

We as a society have appointed a developer to redevelop our society building. we have executed development agreement with the developer before handing the building. This was 6 - 7 years ago. Now the state is, the building structure is constructed upto 6 floors and the developer is anticipating to construct 7 more floors but waiting to get the NoC from MHADA (the society was originally built and transferred as ownership to the society and its members). However due to delays in policy - the developer is not able to get this additional FSI NOC from MHADA. Now he proposes to handover the flats in complete condition by providing us Part Occupancy Certificate. In this context:
1. If the developer gets the due Part OC, then is it legal to occupy and take the possession of the flats?
2. Will I face any problems in future to sale my flat (with all title clear documents)?
3. Do we need to set a timeline to the developer to convert the part OC to full OC?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) If occupation certificate is issued by BMC in respect of your fla you are at liberty to occupy your flat 

2) you won't face problems in sale of your flat 

3) the development agreement signed with builder would contain a clause as to period within which construction has to be completed an occupation certificate obtained 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
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1. The relevant authority may in exceptional cases allow partial occupancy for different floors of a building.

Bye-law 6 provides that (i) wherever any construction is in violation/deviation of the plan, the Commissioner may regularise such violations/deviations after recording reasons for the same, if he considers that the violations/deviations are within five per cent of (1) the setback to be provided around the building (2) plot coverage, (3) floor area ratio, and (4) height of the building and that the demolition under Chapter XV of the Act is not feasible without affecting structural stability, provided however that the:


2.  Part occupancy certificate (OC) has different legal connotations in respect of different properties. If part OC is about a plot of land meant for societies, then it could be converted into full OC in future depending on the provisions of the concerned department. If the same is between society and an individual, then it is dependent on the provisions of the society mandate. 

3. Ask the builder to execute a MOU to obtain the full OC within a specified time.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
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1. Did you execute a redevelopment agreement with the developer without availing sanction from MHADA?

2.Was he fre to add floors by taking sanction from MHADA?

3. However, the developer can pass on what he has got in connection with the OC. So, you can take possession of the from him,

4. The OC for the construction of your fhat has been issued by MHADA. So, there will no problem anticipatd for selling the flat in future,

5. You can insist for waiting for a particular period to get the sanction of additional florrs and if the same is not granted, the builder should abandon his plan to add floors and take complete OC.
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
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