• Is OC(occupancy certificate) mandatory

Iam planning to buy a house in my native which is located in Deep South India which will come under municipality.The seller has patta and other docs on his name.He has applied and got approval for building house but completion certificate and occupancy certificate is not available with him.can I go ahead and purchase without those certificates as I have arranged for registration on Monday.If at all I buy can I apply for it and what would be the approximate charges and where shud I apply.EB and property tax is on the seller name.As I read that it's not legal to buy without those certificates.can I deduct money from the seller?The person who checked told me since patta is on the seller name no issues and that's y I went ahead.
Asked 6 years ago in Property Law
Religion: Hindu

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11 Answers

Occupation certificate is mandatory 

 

2) do not purchase house which does not have OC 

 

3) seller has to apply to muncipal corporation for issue of completion certificate and OC 

 

4) if seller does not have those certificate he would not get market value of house 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See seller may not agree for the deductions so in this case if the property is old as such fir purchase OC is not necessary though to get it regularised you need to apply for same.

There is no issue with the title of property also if plans are approved you can go ahead with the purchase.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Project completion and occupation certificate by the development authority is necessary for the Builder to close down the construction activity on the project and this is also helpful in transferring the property to resident welfare association for the management of the common area maintenance and other various requirement of the management of the society as soon as the Builder gets completion and occupation certificate from Development Authority and transfer the property to the resident welfare association the resident welfare Association becomes the custodian of the property to make rules for the management of the society and the rules made by the the resident welfare Association in regards to the maintenance of the society is mandatory to adhere by residents of the society

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

1. Typically if the building /house is not issued OC by the local Municipal authorities, THEN it means that the house is not built as per the sanctioned plans.  This needs to be regularized in future by following due procedure of law thru a registered architect.

2. There is literally no problem in purchasing an house without OC, since this can be regularized. You should take an Indemnity Bond from the Seller to indemnify you against any legal proceedings and expenditures IF any, that may result due any such issues.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

There is no issue in buying the property with oc you can apply for oc and cc. Check with municipality corporation officer that how much penalty will be they charging now this year. You can deduct the amount from your sale deed consideration.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Oc and cc are conformity that construction is done without violation of building by laws.

Must document, and without oc delivery of possession is illegal and builder is liable for it.

You can apply for it later but if any building bye is violated than you have suffer for it.

But for single house unit no OC cc require.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

The certificate is an indication that the building is suitable for occupancy. An OC is required, when applying for water, sanitation and electricity connections. For home owners, an OC is necessary to cement the legal status of the property they own.

You will require an OC, when you apply for a home loan, or if you are purchasing a resale property.

A Completion Certificate (CC) is issued only after the construction meets other building standards like distance from the road, the height of the building, and rainwater harvesting system. A CC alone cannot legalise occupation; the OC is a must.

These days many buyers continue to occupy apartments without an OC, which can jeopardise the legal status of their property and an eviction notice may be served to them. As a buyer, do not ignore the importance of an OC, as it secures the legal status of your property.

Occupancy Certificate gains significance because it is a document which evidences the completeness of all the installations and approvals required for a building to be habitable

Now you can decide about going ahead with the purchase without the OC or not.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

Certificate of Occupancy or completion certificate is a document which is issued at the end of the construction by a local government agency or planning authority. The document is a proof of the building's compliance with applicable building codes and other laws. It indicates that the property is in a suitable condition for occupancy. The developer is responsible for obtaining occupancy certificate and is issued only once the building has been completed in all respects and is ready to be occupied. A completion certificate is received by the builder from the metropolitan authorities upon completion of construction.

Occupancy Certificate is necessary while seeking loans from banks and financial institutions or while applying for water, sanitation and electricity connection. Legally, a homebuyer cannot move into the property without the document. The certificate is also important in scenarios when a buyer applies for Khata or when purchasing a re-sale flat. The sale of the apartment would not fetch a good price without OC.

To obtain the Occupancy Certificate, the following documents need to be submitted:

  • Copy of building sanction plan

  • Building Commencement Certificate

  • Copy of Building Completion Certificate
    • Latest Property Tax receipt

    • Copies of No Objection Certificates (NOCs) from pollution board or Airport Authority

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Dear OC is mandatory for purchasing the house. If OC is issued but lost then you can go ahead with purchase.

But Ask seller to arrange copy of OC from municipal corporation or pay charges for getting OC from corporation.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Occupancy certificate is issued after completion of house after all requirements. Many people shift and take possession before oc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

In the absence of a valid OC, house can be demolished as it can be classified as an unauthorised structure.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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