• Occupancy certificate required for G+3 apartment or not

I booked flat last week but before agreement when I asked about occupancy certificate ,builder told building is G+3 so oc  is not required.
Kindly suggest me what to do shall I buy flat without oc or not
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
1. OC is required regardless of whether it is G+3 or more. There is a lot of misinformation being spread by people who are ignorant and/or who stand to benefit due to dissemination of false information relating to the dispensing of the requirement to obtain OC if the building is G+3.
 
2. Without OC the builder cannot deliver the possession.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

1)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. 

2)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

4)check whether building plans have been duly sanctioned 

5) advisable to buy flat in building having OC 
Ajay Sethi
Advocate, Mumbai
28387 Answers
1541 Consultations

5.0 on 5.0

Hi sir/madam, you have to take in writing for the same from the said builder, occupation certificate is very important role for the possession of the said flat.
C. V. Jadhav
Advocate, Bangalore
271 Answers
4 Consultations

3.8 on 5.0

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. 
T Kalaiselvan
Advocate, Vellore
18585 Answers
175 Consultations

5.0 on 5.0

1. This is a area specific rule locally enacted,

2. Visit the sanctioning authority to ascertain whether OC is issued by them for G+3 storied building or not.
Krishna Kishore Ganguly
Advocate, Kolkata
13901 Answers
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5.0 on 5.0

Any project that has been constructed by a developer as a group housing, the OC is needed after completion of the project.
Atulay Nehra
Advocate, Noida
685 Answers
20 Consultations

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