• Flat with no OC

Hello,

I have shortlisted a flat of 1005sqft in a builder floor apartment consisting of 10 flats. Building is approx 5 years old and less than 5000sqft. Individual flats are A khata. 

Floor plan has been approved for single 3BHK flat per floor however owner had built 2 flats per floor, 1 2 BHK and other 1 BHK. Home loan is not possible as there are deviations. Also the flat does not have OC. Owner told us OC will be issued for bigger projects and not for such with smaller plot area and lesser flats. 

Owner is in urgent need of money. So he is offering flat at a discounted price and wants the payment in cash. 

Please suggest on how should I proceed. I am afraid to risk my hard earned money and lifetime savings. At the same time do not want to miss out on having a own flat.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

11 Answers

1) If builder has CC and layout sanction than OC should be applicable for this building.Kindly check other papers related completion of building.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You should never pay for such a big amount in cash as that is illegal. Any payment of more than 2 lakh rupees in cash is illegal as per law.

Also, buying a flat without OC is indeed very risky as it can be sealed or even demolished as it can be classified as an unauthorised structure by the municipal authorities.

Don't buy this property. 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

See the construction is without approved plans as complete plans are deviated there is No OC as not as per approvals.

See you can purchase it but it will be risky and no resale value as such.


So I would advise you to search for better property.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Taking possession without Oc is illegal but many people stay.  It's your choice

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Builder can not allot flat without obtaining OC .Law clearly state that no person shall occupy or allow any other person to occupy building or part thereof without obtaining OC .In certain cases part OC also been granted . Without OC it is difficult to take water,Sanitary connection ...Even financial institutions insist for OC..It is builders liability to obtain OC ..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear client 

The property in which sale is a matter of urgency are often found as disputed one. 

So my opinion is do not proceed with the purchase for a little discount otherwise there will be a risk on your hard earned money. 

But if you still have to but the flat then first ask the builder to get the OC as it is a mandatory condition for builder to get OC

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Don’t purchase the flat as bank would not grant you home loan on account of deviation in carrying on construction 

 

never rusk use your life savings and hard earned money 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Sir,

In Bengaluru City investing in real estate means risk. But it is not so risk as you think of. If you occupy then no body remove from the possession. You can continue to be in possession and there will be no imminent danger. Please see the following. Private banks offer loans on such deviated housing plans also.

=========================================================================================

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.

 

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power.

But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. "There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption."

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. "Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,'' he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

 

Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.

Architect G Ramesh says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.

ISSUE NEEDS A RELOOK

This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn't possible to get various agency clearances and connections without OCs.

 

THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976.

  1. Completion certificate and permission to occupy or use.- (1) Every person shall, within one month after the completion of the erection of a building or the execution of any such work, deliver or send or cause to be delivered or sent to the Commissioner at his office notice in writing of such completion, accompanied by a certificate in the form prescribed in the byelaws signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for the inspection of such buildings or of such work and shall apply for permission to occupy the building. 1 [(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more 512 Municipal Corporations 1977: KAR. ACT 14] than one floor, such person shall, within one month after completion of execution of any of the floors of such building, deliver or send or cause to be delivered or sent to the Commissioner at his office, a notice in writing of such completion accompanied by a certificate in the form prescribed in the bye-laws, signed and subscribed in the manner prescribed and shall give to the Commissioner all necessary facilities for inspection of such floor of the building and may apply for permission to occupy such floor of the building.]1 1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. (2) No person shall occupy or permit to be occupied any such building, 1 [or part of the building]1 or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf; or (b) the Commissioner has failed for 2 [thirty]2 days after receipt of the notice of completion to intimate his refusal of the said permission. 1. Inserted by Act 32 of 1986 w.e.f. 17.6.1986. 2. Substituted by Act 32 of 1986 w.e.f. 17.6.1986

A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. A mandatory no-objection certificate issued by the local development and municipal authorities, the completion certificate of any building in Karnataka proves that the building has been approved by the Bangalore Development Authority, as per the stipulations in the Karnataka Town and Planning Act (1961) and the Bangalore Development Authority Act (1976).

Contents of a Completion Certificate

The certificate should contain all the required details, including the identification of the land, the location, if the building has met all the standards of safety and regulation, the distance from the road, distance from surrounding buildings, height and other criteria set by the Municipal authorities, along with the building plan. In short, the completion certificate guarantees that the building has not violated any rule in that locality. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity.

In case of a builder or a developer, it is mandatory that they give a copy of the completion certificate to a person purchasing the house.

How is a completion certificate awarded?

Once the project is completed, the local authority inspects the premise on the basis of the building plan and awards the completion certificate, provided it is satisfied. The builder then applies to the departments yet again along with a copy of the completion certificate to get water, electricity connection and other basic amenities for the project.

Provisional and final completion certificates

A provisional or temporary completion is usually awarded to a builder if they want to hand over an apartment to residents but still have pending work to complete, such as finishing construction of amenities like the club house or painting. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate.

Why is it important to have a final completion certificate?

A final completion certificate is awarded after the construction of a house is complete or if a group housing or apartment society is formed. It is a mandatory legal testimony to the fact that the builder has not violated any building rules and standards such as the floor area ratio limit, structural design, distance from road, quality of construction, distance from surrounding buildings, height of the building, number of floors and other criteria, along with an attested and approved building plan. This certificate is needed for an apartment or building to receive basic facilities such as electricity and water. In fact, the water rate is converted from non-domestic to domestic only after receiving a completion certificate. A buyer should not get possession of a house or building without a completion certificate, which also sets into motion other compulsories such as the payment of property tax and housing loans.

What if a completion certificate is not awarded?

If the developer has not been awarded a certificate of completion, buyers can either approach the local municipal authorities to award the completion certificate or can form a resident’s welfare association to speed up the process. In case new properties operate without completion certificates, residents are threatened to be evicted and the city engineering department will penalise the properties for not paying property tax.

Many people are unaware that a completion certificate is crucial to procure, before finishing payment of a final instalment in terms of purchasing a property. Builders tend to persuade hapless people into buying a property without possessing the appropriate legal documents. Hence, it is important to press for the builder to acquire a completion certificate, before releasing the final payment to the same. A completion certificate is also required to ensure that safety norms such as codes in the case of fires, accidents and other criteria are met.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1.  Buying a constructed property without "OC" is fraught with high risks and illegalities.  However, they can be regularized by following due procedure of law, BUT this is fraught with subsequent large expenditure.  This expenditure would in a way off-set any discount that you might be getting now.

2.  HOWEVER, IF you are buying and then selling it off after some short duration, THEN it would be worth the financial risk  OTHERWISE, best is to stay away from such nuisance opportunities , more so since you would not want to lose your life-savings.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

OC will never issue as construction is in violation approved plan. Builder is lying. Don`t waste money.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The owner cannot obtain OC due to the said deviation 

The authorities may demolish the structures which have been constructed without approved plans.

There are lot of problems in this hence owner is urgently trying to clear them by selling it to someone who is in need of it by offering a reduced rate.

You may decide owing to the huge investment involved in this.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer