OC is must document which certifies no violation of construction plan. And it not issue if any deviation and without demolition of illegal construction. Check construction plan before purchase. Without OC delivery of possesion is not valid.
Dear Sir / Madam, I am planning to buy a flat in a building which is 6 years old and the building does not have OC and i am buying in resale from a property owner. The reason for buying this property is that it cheaper as compared to market rate of that area. I have come to know from the prospective seller that the OC has been applied by the society and it will take around 1 year or so. Please can you advise should i go forth or not ?
If we are buying from a Builder and it is a new building without OC, what documents needs to be checked before going ahead to ensure that the property built is without any issue which will arise in future.
OC is must document which certifies no violation of construction plan. And it not issue if any deviation and without demolition of illegal construction. Check construction plan before purchase. Without OC delivery of possesion is not valid.
- 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, 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.
- Further, buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence, before purchasing the said flat , be sure of the OC .
1) check whether builder has commencement certificate
2) title clearance report from lawyer
3) building completion certificate
Dear Client,
You make get prepared Property Search Report by the Local Property Lawyer to the details about the property.
1. The lack of OC alone doesn't cause any defect in the title of the property. It has few drawbacks in having civic facilities .
2. So there is no harm in purchasing a property which lacks OC at present provided grant of it is pending.
3. For a checklist of documents you can show papers to an advocate who after perusing the sale deed of your seller can comment on it. Generally title deed, sanctioned building plan, mutation certificate etc is required.
You need to check approved plan by the competent authorities and the flat which is being bought to you is valid and sanctioned. If yes Please go ahed if not you will have problems in future from competent authorities and their all official for occupation of property peacefully and lawfully.
The Premises which has NO OC is not entitled to receive Gas,Electricity and water supplies from service providers. Water connections charges may be costly and may stand for four times of normal charges.
It is not Society but Builder and developer of the project is bound by due process of law under MOFA to obtain OC through their Architect who would obtain it from the competent authorities certifying the premises after inspection of the premises that premises is ready for human use and occupation.
Buying flat without OC is risky because it would be a threat for demolition of the structure under statutory notice of section 342,345,351 and 354 A of MMC Act 1888 of MCGB.
1. Most buildings in Mumbai are without OC. But it is VERY VERY ESSENTIAL to check that the building plans are duly sanctioned by BMC. However it is safe enough to buy old property without OC wherein the Society is duly registered.
2. A Local Property Lawyer MUST be consulted and his Title Search Report of Land & Flat must be taken to determine the viability of purchasing the property.
Dear Sir,
You may go the purchase of that property by checking the title, the loan or other encumbrances etc.
It is not advisable to buy the property which is yet to receive the OC.
The property is sold at cheaper price just because of this lacuna, i.e., there is no OC obtained so far.
There is no guarantee tht when you will get OC.
The importance of the occupancy certificate cannot be overstated as it seals the legal status of your property and protects your ownership rights. An OC certifies that the construction of the building has complied with the approved plans
Lists the property documents you must check before proceeding with the purchase.
A sale deed tops the checklist while verifying documents for your new home. It is the core legal registered document, which acts as a proof of sale and transfer of the property
A Completion Certificate (CC) is issued by the municipal authorities on the completion of the project. Meanwhile, an Occupancy Certificate (OC) is issued by a local government agency once a project is completed and deemed fit for habitation. This certificate reads that the property has been built in accordance with the approved codes and other laws making it suitable for occupancy.
Building plan is another document that needs to be cross-checked before finalising a property purchase. Usually, a building plan is approved by the local municipal authority. Also known as a site plan, this document will contain a blueprint of the project, equipment layout, and utilities. Buyers must ensure that the layout of the building or project has been duly approved by the local authorities
It is also important to verify that the property does not have any dues for which a buyer must check the encumbrance certificate. An encumbrance certificate provides evidence that your property has no monetary and legal liabilities
Mutation certificate identifies the owner of the property in government records and establishes their tax liabilities.
Need to check Collector NA certificate for land, Collector or Municipality Layout Certificate and permission plus completion certificate from Municipal corporation and Index II from previous owner.
1. Yes you can go ahead with purchase of property but before that you should find out about the deviation in construction from originally approved plan of building.
2. If deviation is minimum and can be ignored then no problem in purchase otherwise you need to be careful before investing your money.
Taking possession without oc is termed as illegal. Builder can't force you to take possession without oc. But if you still take it's your responsibility to maintain the said property
Without oc you run the risk of being duped of many things. Find out about the reasons as to why the oc hasn't been granted yet.