Oc is a mandatory requirement of law for certifying the said building fit for residence. It's illegal to take possession without oc.
Dear Lawyers, I plan to invest in a row villa in Bangalore (very much in city and not in outskirts), the construction of which was started before BBMP was formed. The row villa is Gram panchayat approved and the project was completed in 2013. I am buying a resale row villa. It is a A khata property. I am also aware that 90% properties in Bangalore do not have a valid OC. Traditionally, only handful of builders have provided OC. So how safe it would be now to invest in a property that doesnt have a OC? Please guide if I may face problems because of its panchayat approval and lack of OC?
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I saw several other projects. 90% of builders for a row villa told me they would not provide a OC as OC is only for apartments and not for villa/ row villa. How far is that true?
Oc is a mandatory requirement of law for certifying the said building fit for residence. It's illegal to take possession without oc.
Once the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.
2) OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use.
3) obtaining Occupancy certificate for an row house or villa is not mandatory.
Thank you for the responses though both responses gave me different answers. How about the panchayat approval?
See the OC is mandatory though as such there won't be any issue you can go ahead with purchased based on the approved plans.
Dear Sir,
As you understood it invites some risk but there is no danger, with thing understanding you may move forward if the price is comfortable to you. The information on OC and CC are as follows. Think twice before you buy. You are purchasing not only property but some mental torture/litigation also.
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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.
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).
Just cross checking and verifying everything on your own will not be an answer to all your queries. You may consult a local advocate and get all the issues clarified besides a proper opinion on the property based on the documents..
OC is proof that the work is executed as per the plans if the plans are executed and the work is according to the approval then you can go ahead with the purchase.
Dear Client,
A certificate of occupancy is evidence that the building complies substantially with the plans and specifications that have been submitted to, and approved by, the local authority.
OC is must for every project contracted by builder for which plan is sanctioned.
Many thanks for all the responses. I have also heard that gram panchayat approved properties do not appreciate well and resale is tough with such properties, but banks have been funding in this property as I know of recent purchases that were funded by HDFC. How far is it true that property value will not appreciate?
Since Karnataka govt is planning to ban further construction for 5 years property rates of existing properties would appreciate if ban is implemented
See property value will be appreciated some buyers can reduce the amount based on such documents but the value will increase it will appreciate.
Property value anywhere apprecites in any condition. Only property in litigation and illegal faces appreciation issues in price
Hi All, Just a followup question. The row villa has A khata and I have received the khata certificate. As mentioned earlier, it doesnt have an OC. Is A khata without OC possible?
A Khata must have been issued in past as it had sanctioned plans from the authorities
A Khata requires OC