• Not getting occupancy certificate for flat

Hi, I am first time buyer and I have bought 3 BHK last year on Sun Flower Balaji Builder, Whitefield Bangalore. I have taken Home Loan from SBI and there was no issue. Also I have done registration without any issue. Now position will be in next 2-3 months. I was not knowing about occupancy certificate at the time of purchase, so I have not enquired about it. Now I have asked my builder to provide OC before position, he is refusing it and saying that there is extra floor and pent house has been constructed. So OC cannot be provided. Instead he can give me position certificate. I have few question on my situation..
1) What is position certificate and how it differs with OC?
2) Shall I get problem after taking position without OC?
3) Shall I be able to sell flat, if not having OC?
4) What should I do, if it's really big problem?

I have read that without OC there will be problem while getting electricity, water etc. But these basic things are already there in the building. Because already one block is occupied.

Thanks in Advance for your help.
Asked 2 years ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi sir/madam, you don't worry you will get the possession certificate from the builder. Possession certificate is nothing but Occupation Certificate. Occupation certificate will give at the time of completion of project. The possession certificate will give when you are taken the possession of the said 3 BHK. It is sufficient for you presently. There is no problem to sell the said flat to anybody if you wish. You will take Occupation Certificate when the completion of the said project/building without fail. 
C. V. Jadhav
Advocate, Bangalore
379 Answers
15 Consultations

4.5 on 5.0

1) occupation is issued by municipal cororation that building had been completed as per sanctioned  plans 

2) if builder has failed to obtain OC you can move consumer forum against builder to direct him to obtain OC 

3) without OC you don't have clear and marketable title to the flat 
Ajay Sethi
Advocate, Mumbai
45424 Answers
2669 Consultations

5.0 on 5.0

According to apartment Acts of various states, after completion of a project, it is mandatory for the builder or the owner of a stand-alone property to get a completion certificate from the local authority to ensure the supply of basic amenities. The builder then applies to the departments yet again along with a copy of the completion certificate to get water, electricity connection and other basic amenities for the project.

Sometimes builders get a provisional completion certificate to hand over the possession of apartments in a newly constructed project. In the meanwhile, the developer finishes the remaining work such as painting and landscaping. However, the provisional certificate is valid only for six months. After the expiry of this period, the builder has to apply for the final completion certificate.
Apart from ensuring that basic amenities, such as water, electricity and drainage system are provided, a completion certificate ensures that the builder/owner has constructed the building according to the approved building plan. Without obtaining the completion certificate, the builder cannot give the possession of the house to the buyer.
In simple terms, the absence of a valid Completion certificate / Occupancy certificate, means that the building may not have been built as per approved plan, and the threat of demolition of unauthorised structure looms large.
In cases where your developer has been unable to procure a completion certificate, you can directly ask the local authority to hand over the possession to you.
If the authority also fails to offer you possession, you can approach the court.

Get your Occupancy Certificate through Consumer Forum

You need to issue a notice to the builder to apply and handover Completion Certificate / Occupancy Certificate, within one month from the date of issue of your notice. If the builder does not respond, file a complaint in the consumer forum, and pray the forum to issue directions to the builder to apply and obtain the above certificates. You can also mention in the complaint that the Hon’ble Supreme Court has given a judgement in Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr on 10 July, 2008 that “Even if such a provision for providing completion certificate is not found in the agreement, the builder cannot escape the liability for securing the Completion Certificate and providing a copy thereof to the owner. The law requires the builder to obtain completion certificate of such a building.”

Builders violate with impunity the sanctioned building plans and indulge deviations much to the prejudice of the planned development of the city and at the peril of the occupants of the premises constructed or of the inhabitants of the city at large. Serious threat is posed to ecology and environment and, at the same time, the infrastructure consisting of water supply, sewerage and traffic movement facilities suffer unbearable burden and are often thrown out of gear.

Unwary purchasers in search of roof over their heads and purchasing flats/apartments from builders, find themselves having fallen prey and become victims to the design of unscrupulous builders. The builder conveniently walks away having pocketed the money leaving behind the unfortunate occupants to face the music in the event of unauthorized constructions being detected or exposed and threatened with demolition. Though the local authorities have the staff consisting of engineers and inspectors whose duty is to keep a watch on building activities and to promptly stop the illegal constructions or deviations coming up, they often fail in discharging their duty. Either they don't act or do not act promptly or do connive at such activities apparently for illegitimate considerations. If such activities are to stop, some stringent actions are required to be taken by ruthlessly demolishing the illegal constructions and non-compoundable deviations. The unwary purchasers who shall be the sufferers must be adequately compensated by the builder. The arms of the law must stretch to catch hold of such unscrupulous builders. At the same time in order to secure vigilant performance of duties, responsibility should be fixed on the officials whose duty was to prevent unauthorised construction, but who failed in doing so either by negligence or connivance.

If it is justifiably withheld or refused, necessarily the builder will have to do whatever that is required to be done to bring the building in consonance with the sanctioned plan so that the municipal authorities can inspect and issue the completion certificate and also assess the property to tax. If the builder fails to do so, he will be liable to compensate the complainant for all loss/damage. 

Hope the above information answers all your questions.
T Kalaiselvan
Advocate, Vellore
35601 Answers
385 Consultations

5.0 on 5.0

1. Without OC possession cannot be delivered. Once the project is completed, it is necessary for the builder to obtain Occupancy Certificate also known as Completion Certificate. This certifies that the building has complied with the approved plans. Occupancy Certificate is issued by local municipal authorites or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.

2. A possession certificate alone will not suffice as possession cannot be delivered in the first place unless OC has been obtained.

3. You will not be able to mortgage the flat and sale would also not fetch a good price if you do not have OC.

4. Obtaining khata will also be difficult.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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