No Occupancy Certificate if no. of flats < 150
I am planning to buy a ready to move-in flat in bangalore. I asked the builder for OC/CC. He said OC is given only if the apartment contains more than 150 flats. And also he said the OC is applicable only from 2014 and it is not applicable for buildings with construction commencement date before 2014.
Is this true? The builders have good reputation and they built many apartments across bangalore. But I don't want to take risk. I really appreciate a response on this.
Thanks in advance
Asked in Property Law from Bangalore, Karnataka
1) don't purchase flat unless building has been granted building completion certificate / occupation certificate
2) file RTI application with municipal corporation to find out whether construction has been completed as per sanctioned plans
3) occupation certificate would be required irrespective of number of flats in the complex
4) contact a local lawyer and check whether title of builder is clear and marketable . Then only purchase the flat
Well, in most cities including Kolkata it has no connection with number of flats contained in a building.Even a stand alone building containing several flats requires CC though the non-availability of the same has no hampering effect on the validity of the construction.
Since the flat concerned situates at Bangalore, I would advise you to consult a local lawyer.
The builder may be a reputed company but what reason they gave for not producing the OC/CC is absolutely false and not tenable. They are just making fool of the purchaser, there is no such clause, you can demand the rule or clause they refer to for this.
Better take a legal opinion from a good lawyer and proceed with the purchase if it is feasible.
1. Without OC the possession of the building is illegal and the owners are sitting ducks to a proceeding for their eviction or the demolition of the building.
2. I have never heard of the requirement of OC being subject to the number of flats in the building or a cut off date. OC is required even if there are 10 flats in the apartment. However, there may be a special local provision to the contrary.
3. A Bangalore based lawyer would be in a better position to throw light on this.
A. No, the builder has bounden duty to provide the OC/CC to the customer by certifying that the building is ready to occupy and competent to reside the same.
B. There is no question about commencement of building construction, what he is saying that is completely cock and bull story.
C. In my opinion, don't purchase any flat from them.
1. Completion certificate is issued by the Municipal Corporation after completion of the building as per the sanctioned plan,
2. It can not be that no such certificate is issued by the Corporation to restrain the builders to deviate from the sanctioned building plan,
3. Collect the copy of the sanctioned building plan and Visit local Corporation office to verify whther any application for the CC has been filed by the builder or not.