• Occupancy Certificate and Registration of Apartment

I have purchased a property in Chandapura - Anekal Road, Bengaluru, Karnataka 562107. Can I go for registration of property without CC and OC? This is under BMRDA. Also to stay in this property do I need OC or just a builders possetion letter is sufficient?
Asked 6 years ago in Property Law
Religion: Hindu

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19 Answers

you can go in for registration of property without OC 

 

2) builder can deliver possession of flat to flat owners only after OC is received from BMRDA 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to have these certificates as they are a noc from the builder that athe property is fit to move in. In case of any mishap the builder alone shall be responsible.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. Registration of Sale Deed /Agreement to Sale, is in no way connected to CC /OC.

2. However to occupy your Flat, it is mandatory (under the Civic Laws) that the building must be granted OC, by BMRDA, else there is a penalty of 25000/- for occupying a Flat without OC. Builder's "possession letter" is a mere formality and legally insufficient.

3. Usually OC is not given because the builder has deviated from the original sanctioned plans. Check with the building plan sanctioning authority, via a RTI application.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

OC and CC are must document, certifies that construction as per sanctioned plan and no building bye laws violated. It is illegal to offer or take possession without OC. If a buyer accepts such possession, he would be doing so at his own risk.  

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Builder can’t officially offer you the possession of this apartment in absence of OC and CC. Consequently, he can’t even execute a sale deed in your favour in absence of CC and OC. You are advised to take possession in a legal manner, once the builder applies and obtains CC and OC 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

If it's new construction then you can stay there and as of now builder's possession letter is sufficient.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can do registration of the same without oc but it's illegal to take possession of the same without oc

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You don’t have legal right to postpone registration

 

however you can refuse to take possession of flat till OC is obtained  

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Also GST leviable if purchase without OC/CC. You cannot be force to make payment or to take possession/ registration without OC/CC.

Complain to RERA. Don`t make payment but registration can be done.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Absolutely, you can legally postpone taking of possession since the builder hasn't obtained OC and CC. 

q.Do I have legal right not to take possession till OC is obtained?

ans. YES

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You can do registration but you are not compelled to take possession without OC. As it's illegal take possession without OC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should obtain all the necessary paperwork wnd certificates necessary for shifting in your property.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Hi, if the builder is providing Possession certificate take it and occupy your flat. This will be done only after registration and not before that, hence you cannot postpone the registration for want of CC & OC.

CC is provided by the builder after completion of foundation work and OC is provided after completion of all construction activities. So if your builder has not provided CC till now, chances are he might not be able to provide it at all on account of deviations. This could also impact obtaining the OC as well. 

After completing the registration, if the builder is willing to give you possession along with Possession Letter, take it and occupy the flat. But in the meanwhile, enquire about the CC & OC as well. Without these the value of the property automatically diminishes.

Kiran N. Murthy
Advocate, Bangalore
1298 Answers
194 Consultations

- You should know , that in the absence of a valid OC, a building will be treat as an unauthorized structure , and the said building can be demolished as well.

- Further, for home loan or loan , and further sale OC is necessary document. 

- Hence, for registration of property , OC is not mandatory , 

- Further, a property /building can not be legally occupied , in the absence of OC , and possession Letter of builder is not sufficient. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Yes you can go for registration of flat without OC and CC of building.

2. You can refuse to take possession of flat before OC and CC from builder and builder cannot force you to take possession without completion certificate.

3. Yes you can postpone registration if you don't want to go ahead with registration without OC and CC. 

4. Yes you have legal right to refuse possession without OC.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

You can go registration without cc oc.

if there is no OC it means that the approval is not there..

Once the building is completed, you should demand the OC CC from the builder.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You cannot legally move into a building unless the developer/builder gets an occupancy certificate from the respective local administrative or civic bodies. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The occupancy certificate in Bangalore is pre-requisite when applying for Khata (a revenue document for the payment of property tax).

Properties which do not have OC will never qualify for A-Kahata.

This document is also absolutely necessary when applying for water, sanitation and electricity connection

 

The certificate of occupancy in Bangalore is one of the most crucial documents a home owner must possess.

Once a developer completes a project, it is issued an occupancy certificate by the local town planning authority.

In the case of apartments, the OC is issued for every tower which is completed.

The certificate is not only a proof of the project’s completion but, it also implies that the development has been done as per the approved plan.

It also implies the projects meets the safety standards that make it habitable for human beings.

Akin to a degree certificate a student receives upon completion, a project is said to have been ‘passed’ by the local authorities once a project receives the occupancy certificate.

If you ever plan to sell your house and the occupancy certificate is unavailable, then the resale value will be far below the market rate!

Most nationalized banks do not approve loans to such resale properties which do not have occupancy certificate.

Moving into a house without the occupancy certificate is illegal, and beware if your developer insists upon providing you with this critical legal document later! 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

For ready to move in properties and for properties where the outer structure is complete, a qualified civil engineer can access if there are any deviations as mentioned above from the approved plan. It is also advisable that you have your sale agreement reviewed by an experienced property lawyer who can assist you in adding clauses in the sale agreement to hold the developer accountable for delivering the apartment with OC.

You can delay the registration process if there is no probability for procuring OC in the near future and insist the builder to procure the same before registering the property, the possession letter is not OC. 

Even in cases where the developer declares that the project is non-compliant and OC will not be provided, it is critical for the buyer to know the extent of deviations committed in the project.  You should not end up buying an apartment on a floor that has not been approved! After all, it is your hard-earned money and you ought to take an informed decision

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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