- 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
- The state government has decided to act against builders and architects who give possession of flats to owners without securing a Occupation Certificate (OC).
- Further, the flat owners cannot live in a flat until it has been given an OC from the building proposal department of the BMC, and further anyone occupying a flat without an OC is liable to be prosecuted.
- Buildings without OCs are not given a water connection and are charged a higher property tax.
- Further, as per rule , the Association shall frame rules, regulations and procedures for its common areas and facilities as well as frame guidelines of restrictions and measures designed to prevent the unreasonable and improper use of facilities and common areas which will interfere with the peaceful occupation of units by respective Owners / Residents conducive to day to day living environment.
- As per Bye-laws , Repairing of external leakage of the premises is the responsibility of society.
- Further, The Bombay High Court, in a recent decision, has held that society is responsible for repairs of a leaking roof.
- If the Society is not taking interest to repair the leakage problem, you can complaint to local BMC ward office.,
- Under section 381 of the BMC Act., it has the power to inspect and then issue a notice to the society, and if no response from the BMC, then you can file a suit in the Court as well.
- You should lodge a written complaint in the office of your housing society for the same, and if no response then take legal steps as i mentioned above.