• Occupancy Certificate

Our apartment in Whitefield was built about 10yrs ago. Our Sale Deed specifies shared ownership of the land on which the apartment block is built is shown on the sale deed under schedule A (BBMP survey No: 5/5. Khata No: 338).
The building has an approved plan and all the services have been officially supplied and connected.
We purchased the property from the Land Owner from his share of the joint agreement with the builder-developer and a clear title has been registered to us.
We have not received an OC from the seller and he has since passed away.
We were advised by him that all documentation was in order and we had accepted that in good faith.
Since we are looking to now sell the apartment we understand that this OC is an important document.
How can we best go about obtaining this since we understand that the land owner and builder/developer could not legally sell the property without it.
Asked 5 months ago in Property Law
Religion: Christian

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10 Answers

OC is not a vital document to sell the property neither the SRO will insist on OC to register the sale deed in favor of the purchaser.

Since the property has been purchased 10 years there is no necessity to obtain OC at this stage.

Actually an OC certifies that the construction of the building has complied with the approved plans. It is issued by local municipal authorities or the building proposal department once the building has been completed and is ready to be occupied.

Therefore this OC do not play any role to the title of the property.

The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property. It is required for commercial buildings and for residential buildings that have more than five units.

Therefore if your apartment complex is more than five units then the builder would have obtained the OC without which the services namely electricity, water supply would not have been provided by authorities concerned.

In any case you can approach the legal heirs of the seller to provide you the desired OC if it was not given to you then, after which you can plan to approach the BBMP authorities concerned. 

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

It depends on what action you are proposing to take and how you are going to engage yourself in this i.e.,. directly or through an agent or any other known person. 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

You have to file complaint against builder before consumer forum and seek orders to direct builder to obtain OC within stipulated e

 

2) also seek compensation for mental torture undergone by you and litigation costs 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

Occupancy Certificate is issued  by Municipal Corporation. It is a public document. Furnishing particulars of property, name of builder, project, name of original seller from Corporation. A certified copy is sufficient proof of such certificate. Submit an application to Corporation and obtain certified copy of oc. Such certified copy is valid document .  

Ravi Shinde
Advocate, Hyderabad
3153 Answers
42 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

- Hence, if the builder fails to give or obtain OC, then you should lodge your complaint before RERA.

- Further, you can also file your complaint before the Consumer Forum on the ground of deficiency of services, and to claim compensation as well. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Hi, If the building is constructed according to the Sanctioned Plan and license then only the whole building will get OC. Fist you have to check with the BBMP, whether the BBMP has issued the OC or not. If the BBMP has not issued the OC  then you will not get it. Before purchasing the same you must get legal opinion otherwise you will face the problem while selling the same.

Pradeep Bharathipura
Advocate, Bangalore
5454 Answers
311 Consultations

4.5 on 5.0

You can go for seeking oc from consumer court by filing complaint for deficiency of service

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Dear Client,

You can apply to BMC for a duplicate OC certificate with the copy of all the required documents.

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

1. To sell your apartment to a prospective buyer, it's not compulsory that the apartment block should have OC. You can sell the property to a prospective buyer without OC.

2.  To obtain OC, the building should have been constructed based on the sanctioned plan and provision for setbacks had to be strictly followed. If the apartment complex has been constructed, without deviating from the sanctioned plan, one can obtain OC for the apartment complex.

 

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Shashidhar S. Sastry
Advocate, Bangalore
4356 Answers
258 Consultations

5.0 on 5.0

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