Hi,

Generally OC and CC is applicable to all sites/buildings made as per approved design as per concerned authorities. It seems that builder has not done that under those conditions, you may initiate other proceedings as well against the builder.

1. builder is lying to you

2. OC and CC are obviously required, regardless of RERA being applicable or not

3. no person can occupy any premises in a building for which local body has not issued OC 

CC and OC has to be provided. If there is a breach of contract file a complaint in RERA and consumer forum .

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras 

1.  IF the Agreement is duly Stamp Duty paid and Registered, THEN the agreement is valid for all legal purposes, whichsoever.

2.  IF the local civic body is not giving OC, THEN it means that the building is constructed according to the approved and sanctioned plans.

3.  For the mentioned deficiencies, you can prefer to move the local consumer court, and claim damages & compensation, for all the harassment, lack of permanent water and electricity connections, against the builder, supported with all the available documentary evidences.

4.  You also have an option for filing a Police FIR, against the builder, for Cheating, Breach of Trust, etc....

builder is required to obtain building completion certificate and OC 

2) builder is required to provide individual meter connection 

3) if builder has failed to do so file complaint against builder before consumer forum seek orders to direct builder to obtain OC . provide individual meter connection 

Builder is cajoling, projects with plot size of minimum 500 sq. mt or 8 apartments need to be registered with the RERA Authority and OC CC both mandatory.

The problem is, construction is illegal. Builder has constructed more flats than permitted on this area of land and this may be the reason no electricity/water connection supplied.

Your money is under stake, and such illegal construction can be demolish any time. Better complain to RERA and criminal complaint.

Yes rera is not applicable as no of flats is not exceeding 8 in numbers.  Rera is only applicable to projects which are above 500 sq mts and more than 8 apartments in numbers.  You can readily file a complaint before consumer court in the said matter for deficiency of service

See Occupancy certificate is required for all constructions and plans need to be approved from the municipal body.

Give a notice to the builder if on notice he fails to provide with OC and other connections file a consumer complaint against builder seeking OC and connection along with the compensation.

You can approach a lawyer and ask him to issue a notice to the builder asking him to apply and hand over a copy of the OC. You can also approach the National Consumer Disputes Redressal Commission (NCDRC) and file a complaint against the developer. The NCDRC will issue a directive to the developer to secure the OC for you.

OC is an essential document as it ensures the security of your investment. You must not accept possession without this document 

Check that the builder has all the necessary clearances, like sanctioned plan, commencement certificate etc. After the completion of the project, ensure that the builder hands over whole set of documents to residents association Ensure that the builder doesn’t violate the sanctioned plan/bye-laws Now, an under-construction property attracts same VAT as a completed apartment, so you won't save anything.

OC and CC are obviously required, regardless of RERA being applicable or not

The problem is, construction is illegal. Builder has constructed more flats than permitted on this area of land and this may be the reason no electricity/water connection supplied.

 if builder has failed to do so file complaint against builder before consumer forum seek orders to direct builder to obtain OC . provide individual meter connection.

The builder requires to have the approval or sanctions from the concerned authority for the construction of a building. The building constructed without sanctions or deviated more than 5 per cent from approved plan levies penalty and authorities has right to demolish the building without any prior notice.

Completion Certificate: Completion certificate is mandatory for building constructed before selling or occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the building as per approved plan.

However, note that the occupancy certificate is not needed for registration of the property during purchase. This often leads buyers to believe that the occupancy certificate is not important.

Occupancy certificate and completion certificate are necessary for your apartment.

You should serve legal notice to the builder asking him to provide the same within the stipulated time.

If he fails to do so file complaint against him in consumer court for deficiency of services and unfair trade practices adopted by him, wherein you would be ordered to provide OC and CC to all the apartment buyers as well as compensation.

Better take action fast as  your building can be found under unauthorised construction and can be demolished by the municipal authorities too.

Dear client

• Projects with plot size of minimum 500 sq. mt or 8 apartments need to be registered with the RERA Authority

So your building has 8 flats it should be registered with RERA. So you should ask the builder for CC and OC. Of the flat and also if you want to complain about the builder You can approach regulatory authority of your district for compensation due to faulty and uncomfortable flats. 

Dear Sir,

You can file a consumer case for not providing basic necessities and not providing basic amenities. However there will be no major problem if you do not have OC and CC as per following information.

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PURCHASE APARTMENT WITHOUT O.C

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.