• Flat without occupancy certificate

Sir,
I am planning to purchase one flat in Boisar. This is a resale and the flat owner has checked with builder and there is no oc. This is a 7 years old flat. There is an oc issued by gram Panchayat. Now I will come to the real issue

I have approached SBI for home loan and they are asking the oc issued by Town planning authority

I have approached HDFC and they are ready to give the loan.

In this situation I am really confused to purchase the flat. Any legal issues will arise in future due to non availability of the OC

Kindly advise

Rajeev
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

Buying a property without occupancy certificate from the town planning authority is never advised as without a valid OC ( the one given by gram panchayat is not), your occupancy would be deemed illegal as it can be classified as an unauthorised structure and resultantly demolished.

Also, you would face several issues if you want to resell the property in future.

 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Is this a single unit or flat in apartment/building. In later case OC is must documents, proof that flat is constructed by abiding building bye laws.

SBI is PSU, demand every single document. HDFC is pvt. to promote business, can give loan without OC.NO effect on title if no OC, can purchase it.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. for boisar area, a different set of Development control rules are applicable which are different from those applicable to city areas 

2. for gram panchayat areas, the GRAM Panchayat itself issues a letter that the building is fit for occupation 

3. also there is another concept of deemed OC in those areas. 

4. the builder has to apply to the collector or other competent authority stated in the DC rules for issuance of OC and if within a certain period the authority does not reply to that application, then it is deemed that OC is issued for the building

5. so please check if any such application was ever made by the builder

6. you will have to approach a good local lawyer there who knows the DC rules applicable for Boisar area or you may go to the collector's office and request to provide you with a copy of the DC rules applicable for village areas. The provision for OC will be stated in them

Yusuf Rampurawala
Advocate, Mumbai
7918 Answers
79 Consultations

You need OC issued by town planning authority 

 

dint purchase the flat 

Ajay Sethi
Advocate, Mumbai
99952 Answers
8158 Consultations

- In the absence of an Occupancy Certificate , the said property can be demolished , and also it will be treated as an unauthorised structure.

- Further this certificate is crucial while applying for a home loan or loan to purchase a resale flat.

- If , you will purchase this property without OC , then you will face problem at the time of reselling the same.

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

See if the layout is under the Gram panchayat then in that case you can go ahead with the Gram Panchayat OC and can buy the flat there wont be issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Hi 

1) It is ridiculous on part of SBI to ask for OC for a 7 year old flat and that too when you have OC from gram panchayat. 

 

2) Since the flat is a 7 year old flat and  is  a resale, in lieu of OC from town planning authority,  you can ask for the following from present owner of the flat

a) Building plan approval issued by gram panchayat.

b) Property tax (up to date) paid by present owner 

c) Electricity and water bill in name of present owner. 

d) Copy of OC issued by Gram panchayat 

and enclose the same along with your loan application to HDFC bank

 

3) You may go ahead with the purchase of flat, subject to HDFC granting you a long term (7+year) housing loan (not loan against property) for the said flat.  In general, if it is a long term loan, housing loan process is very strict and in general, HDFC bank has a good legal and valuation process for vetting of home loan applications

 

Hope this information is useful. 

 

 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2174 Answers
394 Consultations

you cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization.

Mohammed Mujeeb
Advocate, Hyderabad
19367 Answers
32 Consultations

On what grounds have the sbi rejected the loan. The oc by the panchayat is not sufficient? File an rti to know the exact status of the flats and whether tge ic can be issued by the town planning authority.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1.  IT is absolutely illegal to occupy a Flat in a building,  where OC is not granted and the occupier becomes liable for prosecution.

2.  HOWEVER, the above is a usual feature in Mumbai & Thane & Palghar districts and hardly any prosecution is initiated by the Municipal authorities.

3. Building without OC is liable for higher water charges @ 2.5 times the normal rates and 1.5 times the property taxes. AND such without OC buildings have a very rare chance of it getting regularized for getting OC in future.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

No, issue here society members can have OC certificate from Municipal Corporation at any time by paying penalty fees.

 

Here SBI is government bank and HDFC is private bank.. So you will find verification process for property loan is vary from bank to bank.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

See non availability of oc has it's own legal issues but people stay without oc. But it's legally not correct. You can decide about the same. You my also have problem in reselling it in future

Prashant Nayak
Advocate, Mumbai
34641 Answers
249 Consultations

If this property was purchased by the seller around 7 years ago then that can be a reasonable excuse for not obtaining OC from the local civic body because it was not mandatory to obtain OC from local civic body and the gram panchayat were authorised to grant OC.

You may take a legal opinion for other aspects and proceed with the purchase.

T Kalaiselvan
Advocate, Vellore
90153 Answers
2504 Consultations

If bank is providing you loan then you can go ahead with purchase.

And make application in municipal corporation for OC of building.

You can add indemnity clause in the registration documents in case any dispute arise in future due to OC then seller will be liable to pay the losses to you 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

1. Issuance opf CC/OC by the authority confirms that the flats have been constructed as per plan and the flats are ready to be occupied and are habvitable.

 

2. In some Municipal Corporations, water connnections are not provided before CC/OC is issued.

 

3. SBI being a PSU Bank has shown caution in providing loan and refused it for want of CC/OC.

 

4. Find out why OC has not been issued and try to address the problem which restrains the issuance of OC to the builder before you purchase the said flat.

Krishna Kishore Ganguly
Advocate, Kolkata
27735 Answers
726 Consultations

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