• Buying a property in Bangalore

Is it okay to buy a flat in Bangalore without OC or CC which is BDA approved and not under BBMP limits?
Asked 4 years ago in Property Law
Religion: Hindu

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19 Answers

Its ok but buying a flat with OC and CC is advisable to avoid many imperfections in the construction itself. Furthermore you don't get loans to buy such flats without oc & cc

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Without a valid OC, your occupancy is illegal as it can be classified as an unauthorised structure by the authorities.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

These certificates are necessary for-

  • To claim Income Tax benefits on your home loan, your employer may ask you to submit Occupancy Certificate along with the home loan statement.
  • Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property.
  • You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.
  • Most of the financial institutions may insist on Possession Certificate to sanction home loans.
  • You may find it very difficult to find a buyer in case if you wish to sell your Flat in the future.
  • Without an OC, it may be very difficult to obtain Khata Certificate.

So it is not safe to buy this property without these. 

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

You might know that they are thousands like people in Bangalore, Karnataka who have resorted to affordable housing and are now left in the lurch. It's rampant especially on the outskirts. Since I dealt with these cases recently so I know. You can buy a 2BHK flat for Rs 45-Rs 60 lakh, which is 20-30 percent cheaper compared to flats sold by big builders. But the buyer has to compromise on essential documents like Occupancy Certificate (OC) and Completion Certificate (CC) issued by the BBMP.

Please understand that 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.
Completion Certificate is a document which merely indicates that the building has been constructed in adherence to the sanctioned building plans. The OC, on the other hand, is a certificate which proves that all the necessary equipment and other facilities required to be installed in a building have been installed and permits the occupation of the building.
I have dealt with many such cases in Supreme Court. Without a valid OC, your occupancy is illegal as it can be classified as an unauthorised structure by the authorities.

You can approach a Advocate and ask him to issue a legal notice to builder asking him to apply and hand over a copy of the OC. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal  proceedings against them.This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. I have issued legal notices under my signature in many such cases and issues are settled after sending the legal notice under my name. 

You can approach Consumer Forum. Consumer Court will issue a directive to the developer to secure the OC & CC for you. OC is an essential document as it ensures the security of your investment. You must not accept possession without these document.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

It is always advised to get a legal opinion from a local lawyer before purchasing an immovable property involving huge investment.

The OC is crucial while applying for a home loan or loan to purchase a resale flat. If you wish to sell or hypothecate the property after a lapse of time, you will not be able to do so without a valid OC. The water connection, sanitary connection or electricity supply can be disconnected in the absence of an OC.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Do not buy any flat herein OC and cc has not been issued 

 

building has to be constructed as per sanctioned plans and cc / OC issued 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. If the builder has not deviated from the sanctioned plan and if it's BDA approved, not coming under BBMP limits and if the title to the property is clear, one can go ahead.

2.  However, it's better to get the property papers vetted by a Lawyer in order to rule out any shortcomings in the property documents.

Shashidhar S. Sastry
Advocate, Bangalore
5109 Answers
314 Consultations

5.0 on 5.0

This can be answered effectively by only a Bangalore based lawyer.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. See OC is mandatory as it document showing that the construction is done as per approved plans and permissions. See there are many projects without OC and no action against them is taken though if you are investing your amount invest in a place wherein you get OC so it's safe for future and future sale.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

IF it under construction than ok to buy. 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

1. IF property has not been sanctioned OC (which is mandatory), THEN it means that either the building is illegal or not according to sanctioned plans.  This is irrespective of whether it is in BDA or BBMP area limits.

2. Further it is a prosecutable offence of Penalty of 25000/-, IF building is occupied without OC.

3. However the authorities hardly /rarely take any legal action for such violations. This is evident from the scores of illegal buildings in all major cities, which are having no OC since even 30-40 years.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

Please look for the correct title deed and encumbrances as well. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- And further , Completion certificate is a legal document, that certifies the fact that a building has been constructed in line with construction norms, and it is mandatory to have water and electricity connection in the building.

- Further a completion certificate ensures that the builder has constructed the building according to the approved layout plan and no violations are made , and further if the builder fails to obtain a completion certificate, the possession of the house by the owner will not be possible.

- Further, Possession of the apartment is considered illegal, if the project has not received a completion certificate from the authority.

- However , OC is not mandatory for registering the sale of flats in Bangalore , but the khata for the flat will not be issued unless the building has the OC, and further you cannot sell the flat without the OC.

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Not advisable.

OC and CC are must document and in their absence, Property will not acquire A khata status and threat of demolition will constant.

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

Sir it is always advisable if you ask for OC and CC. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

You may purchase with some risk. Please read the following.

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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.

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What is a khata?

A Khata is essentially a revenue document, detailing the assessment of a property, recording details about the property such as size, location, built up area and so on for the purpose of payment of property tax.

It is also a kind of identification of the person who is primarily liable for payment of property tax. It is one of the required documents in case you require a building licence, trade licence or loan from banks or any other financial institutions.

What is the difference between an A Khata and B Khata?

What any property buyer should know while buying property in Bangalore is that it should have A khata.

An A khata means you are buying a property that is legal, and it will allow you to construct on it and obtain a trade or building license.  Here are some further details on the difference between A Khata and B Khata.

Then how did the term B Khata come into being?

Well in 2007 when BBMP came into being 2 things were apparent:

1) There were many properties that fell under its jurisdiction that were illegal constructions
2) There was a need for an uniform taxation policy

Regarding the former the BBMP found that these illegal constructions were enjoying civic amenities without paying taxes. While regarding the latter, there was a need to consolidate the tax collection process to make it simpler which was earlier collected by 3 different bodies.

Now, the newly formed BBMP had the power to levy taxes on the aforementioned illegal constructions. The taxes collected from these properties were recorded in a register known in common parlance as B register and the khata issued therein was known as a B khata.

Thus anyone having a B khatha essentially is a non BBMP approved construction. Hence it is not advisable to buy such properties.

However, it is only fair to mention that any B khata property can be converted into an A khata property.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Absolutely not advisable to purchase flat without OC & CC.

If the Flat has deviations / not approved layout, then there is threat of demolition by Corporation since it is unauthorized construction.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

No i would not suggest you to go for such property as it involves your life savings.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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