There have been cases of the flat buyers registering and occupying the house even before obtaining the Occupancy Certificate, mostly because there was no strict law in place that prohibited buyers from occupying the house. A house would get permanent water, UGD and electricity connection even before it is certified to be fit for occupancy, by producing a proof of ownership or occupation of premises (latest khata, sale deed, property tax paid, sanction plan, architecture plan, signed by the civil engineer and / or route sketch). Now this has slightly changed. Recently the Urban Development Department issued a circular making it mandatory for people to produce Occupancy Certificates to BESCOM and BWSSB in order to get electricity and water connection.
BWSSB has already displayed the terms and conditions, which say that buildings that have fourth floor and more have to submit occupancy certificate. Plan sanction is a must for all the buildings to get water connection
According to the building bye-laws of BBMP, every builder should complete the construction or reconstruction of a building for which the licence was obtained. The construction should complete before the expiry of five years from the date of issue of licence. Within one month after the completion of the construction the builder should intimate the Commissioner in writing about the completion. It should be accompanied by a certificate in certified by a registered architect / engineer / supervisor. Along with this, the application for permission to occupy the building should be submitted.
In addition, OC should be given after the physical inspection of the building by an official who has to verify if the building has been constructed as per the sanctioned plan and has met the requirement of building byelaws. This includes inspections by the Fire Service Department wherever necessary. In Bengaluru, BBMP and BDA issue Occupancy Certificates.
Therefore it may not be advisable to buy the property without OC or the builder refusing to procure the OC as required by law.