• Occupation certificate

Building is in Mumbai we have got the CC for the building.,but now there is delay in OC from builder as per builder He is stating BMC is delaying due to.some environment issues when the entire township is up and running for last 30 years with buildings having OC 
Builder is asking us to form society Without OC.is this legal and also what will be implications as we do not want builder to wash his hands off the OC
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Christian
1) file complaint against builder before consumer forum to direct builder to obtain OC 

2) it is duty of builder to form society and obtain OC 

3) it is certificate that building has been completed as per sanctioned plans 

4) don't sign MOU with builder without OC 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
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1) you should never bow down to black mail tactics 

2) inform the builder that it is incumbent upon him to form society and obtain OC 
Ajay Sethi
Advocate, Mumbai
23118 Answers
1214 Consultations
5.0 on 5.0
OC has important role is flat sale deals.If a building does not have an OC, it indicates that the building may not comply with the mandatory regulations and may not have been built as per the sanctioned plan. Such buildings are not considered to be ready for inhabitation and can be considered as an unauthorized structure that has to be demolished. An occupancy certificate (OC) is a document issued by a statutory body such as a local governing body or building department certifying that the building is in compliance with the building rules and regulations of that area and meets the required health and safety standards. It also states that the building is not encroached upon and can be occupied by the applicants.The application form for obtaining OC should be submitted within 30 days of completing the construction. 

Remedy available in your case 
If the builder did not provide OC inspite of you asking him to give the OC for your building, you can approach the consumer forum to deal with the builder.First issue a legal notice to the builder to apply for OC and handover the OC to you within one month from the date of issue of your notice.Next step File a complaint in the consumer forum, if the builder does not respond to your notice. Request the forum to issue directions to the builder to apply and obtain OC.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
It is the duty of the builder to provide the Occupation certificate to the flat owners through the competent authority.  If he is delaying he issue unnecessarily then he is bond to answer to the lawyer's notice issued by the individual flat owners since the society is yet to be formed.  
The society can be formed even without occupation certificate but that will make the builder feel relieved from procuring the OC from the authorities and if there are any deviations which are not conforming to the rules, then the builder may wash away his responsibilities too which may result into further legal actions by the competent authority to demolish the illegal constructions by way of deviations beyond the permissible level. .   No doubt the society so formed may act as body in support of the members genuine claim which will be more effective, but let the builder make a commitment for making good the left out works including issue of OC.  Further he cannot disconnect or disrupt supply of essential items as per his fancies and whims, he can be taken into task through criminal law too for this.   
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
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