• Is Occupancy Certificate required for Villa/Row House Layout at Sarjapur Gram Panchayet Area?

I am planning to buy a Villa in a Villa Layout (only Villa/row houses, no apartment in the layout) under Sarjapur Gram Panchayet limit in Bangalore. The builder has commencement certificate and completion certificate, but not Occupation certificate. The builder is claiming that OC is not required in Gram Panchayet area for this layout. Is this claim correct? Should I insist on OC as a mandatory requirement? This project is Registered under RERA.
Asked 6 months ago in Property Law
Religion: Hindu

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17 Answers

Occupation Certificate (OC) is issued after the construction meets the building standards. OC is an essential document as it ensures the security of your investment. You must not accept possession without this document.

Ganesh Kadam
Advocate, Pune
11931 Answers
121 Consultations

4.9 on 5.0

You can purchase villa as builder has obtained completion certificate from Panchayat 

 

 

2) no OC is given by panchayat 

Ajay Sethi
Advocate, Mumbai
81077 Answers
5010 Consultations

5.0 on 5.0

Yes . In Gram Panchayat area  the formalities like Municipality is not necessary as far as construction is concerned. 

However building Rules varies in every state and therefore contact Gram Panchayat office to find out the regulations prevalent in Gram Panchayat area of this locality.

The RERA registered property is considered to be compliant in building rules. 

Devajyoti Barman
Advocate, Kolkata
22141 Answers
331 Consultations

5.0 on 5.0

A. In Sarjapura area is concerned that there is two Planning Authority functions towards plan approval i.e Anekal Planning Authority and STRR Planning Authority. In these two planning authority never issue a Occupancy Certificate. Both authorities will issue only Commencement Certificate and Completion Certificate.

B. As per the Statutory requirement  is concerned, even OC is mandatory towards villa construction you never get any legal hassel. For more clarity you can ask the builder to issue a endorsement issued from these two authorities in respect of non availability of Occupancy Certificate which is been issuioi the same to others. You can get this through RTI application.

B.T. Ravi
Advocate, Bangalore
942 Answers
96 Consultations

5.0 on 5.0

If RERA then OC is must.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 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.

- Further, as per RERA,, A builder cannot give possession to buyers without OC

- Further , it is generally granted by the sanctioning authority like a municipality, or parishad whose jurisdiction the property lies.

Mohammed Shahzad
Advocate, Delhi
6272 Answers
64 Consultations

5.0 on 5.0

1. IF the Layout Plan and the Construction Plan was duly sanctioned by the Town Planning Dept. /Collector Office and builder is ready to give Architect approved "Completion Certificate", THEN OC is not mandatory and Grampanchayat will simply survey the house and issue House Tax Receipt & Form no. 8, which is Final & Conclusive for all futuristic legal purposes.

2. The above is not applicable for Municipal Corp. /Council areas where OC is mandatory, without which taking possession is a prosecutable offence.

 

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

Dear Sir,

In the panchayat area, the OC is not required and the same can be confirmed through the RTI as well. 

Ganesh Singh
Advocate, New Delhi
6605 Answers
13 Consultations

4.5 on 5.0

OC is mandatory and only oc certifies no violation of construction plan.

Demand OC.

Yogendra Singh Rajawat
Advocate, Jaipur
21427 Answers
31 Consultations

4.4 on 5.0

You need to have OC of the Villa before you go ahead, more particularly, when the project is registered under RERA

S Srinivasa Prasad
Advocate, Hyderabad
2866 Answers
9 Consultations

5.0 on 5.0

Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory. A builder can get a provisional building completion certificate from local authorities. But do note that this is valid for six months only. He has to obtain final building completion certificate.

 

 

T Kalaiselvan
Advocate, Vellore
71133 Answers
1012 Consultations

5.0 on 5.0

If it is RERA project than OC is required 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

BMRDA/BDA/DTCP are the only authority to approve building plan (not  Gram Panchayat) hence OC is not required. 

Mohammed Mujeeb
Advocate, Hyderabad
19001 Answers
17 Consultations

4.5 on 5.0

Yes you should insist upon it. He is trying to harass and fool you into submission.

Rahul Mishra
Advocate, Lucknow
11900 Answers
26 Consultations

5.0 on 5.0

Yes it's a mandatory requirement without which it's illegal to take possession

Prashant Nayak
Advocate, Mumbai
23089 Answers
49 Consultations

4.4 on 5.0

Ask him to give you the OC else file a complaint in rera.

Swarupananda Neogi
Advocate, Kolkata
2913 Answers
6 Consultations

4.7 on 5.0

Yes builder is right occupancy certificate is not required.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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