You don’t need to pay OC charges if there was no requirement to obtain OC for smaller plots in 2017
you can file writ in HC to challenge OC charges levied
OC charges from BWSSB
Dear Sir, I have constructed 4.5 floors on 20 X 30 plot(commerial),and Total built up area is less then 3000sqft.Bwssb asking me to provide OC and putting me OC Charges in the monthly water bill from last 1 year.I constructed the house in Jan 2017.Those time there was no need to produce OC for smaller plots Will i need to pay OC charges?.Kindly Help Thanks Ravish
Asked 3 years ago in Consumer Law
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14 Answers
Yes OC is needed
Building Rules change from time to time. Therefore if the Rule prescribes such payment now you can not avoid this unless the Bill is having retrospective effect which can be challenged before the high court.
This involves knowledge of local lawyers, hence it can effectively be answered by only a local lawyer.
Hi, You no need to obtain OC. It would apply to apartment more that 5000 Square fee. If the BWSSB has demanded the OC then ask the BWSSB give it in writing and you can challenge the same in the High Court. There is no need to pay the OC Charges to BWSSB.
If the BWSSB authorities are demanding the OC charges, you may ask them to send a legal notice demanding the charges on the basis of the law or rules they may rely upon for this purpose.
You will come to know the rules mandating the requirement of obtaining OC from the notice you receive from the authorities concerned after which you can take steps as per law either to pay the amount demanded or to defend your stand.
Hi
if you have an approved building plan prior to construction, then Municipality should grant you an Occupancy certificate by default.
It appears that there might be deviations from the approved building plan and hence BWSSB is demanding O.C.
In case, you have an approved building plan and if you have constructed in accordance to building plan, then You can Demand OC from municipality.
In case , you have an approved building plan and if you have constructed in deviation to building plan, then you can apply for REGULARISATION and thereafter obtain OC from municipality. Regularisation fees will be applicable in select cases.
Hope this information is useful.
- Since, your built up area is less than 3000 sq ft , then OC is not required in your case.
- You can issue a legal notice or file a complaint to the BWSSB to waive the OC charges .
Dear Sir,
Yes, you need to pay OC charges.
Hey,
It is always advisable to get an OC done and you will have to provide it. However, OC charges are not mandatory and you do not have to pay the same.
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During my house construction in 2017,where there was no OC for small buildings, I also legally applied for water connection(commercial) under the scheme SAJALA and also mentioned in that total area of construction(4.5 floors)and also paid prorate charges.
Asked 3 years ago
The fact that water connection was issued to you without OC indicates that there was no requirement for obtaining OC in 2017 for small plots.
Buildings without OCs are not given a water connection and are charged a higher property tax.
You await notice from the authorities concerned to observe that under what provisions of law they are demanding the taxes/charges.
After that you can tackle the situation legally based on the merits in your side if you are legally correct as per your contentions.
- You should lodge a complaint after narrating all these details as you mentioned .
- You have a legal ground to get exempted from the imposed charges .
Dear sir/madam,