take possession based on partial OC
2) responsibility of builder to obtain complete OC
3) builder has to provide water connection
4) if construction has been completed as per sanctioned plans builder should get OC and water supply
Regarding part OC vs complete OC and flat possession
Hi, I brought flat in Pune in PMC area, builder got Part OC from the PMC but Complete OC and OC for last floor is yet to come. Building constrectuion is alreay completed but 1) Civile Suite is going on for main approche road. 2) PMC Water connection is yet not approved and as per builder he has applied (now more that 45 days has past to this) 3) Builder will provide tanker but fund will go from Socitey account. Now, Builder is forcing all to take possession based on Part OC and demanding final payment and maintence amount. 1) Should we take possession with-out OC? 2) What are the chancees that builder will not get OC at all? 3) Can builder get complete OC without water connection and if provided altenet approche rode? 4) Is their any possibility that PMC will not approve water connection at all? Please Guid in this regards what are our options.
Asked 2 years ago in Property Law
Religion: Hindu
6 Answers
1. No. OC is must.
2. It depends upon progress in construction, compliance etc.
3. No.
4. As such there is no chances.
Part oc is not illegal you can take possession but if the oc is affecting your flat then don’t take the same
the oc things are depending on the legalities of the project
For water part oc is enough
there can be a possibility it will not approve
If your builder has issued a possession letter without obtaining an Occupancy Certificate, it could be considered as an irregularity and there may be legal issues related to the occupancy of the flat.
A possession certificate states the property completion date. It doesn't make you the rightful of the property. On the other hand, an occupancy certificate is issued by the local authorities stating the completion of the project and that the building is fit to be occupied.
An Occupancy Certificate (OC) is necessary to apply for civic facilities like water, electricity, and sanitation, among others. The local municipal body needs this document, in the absence of which home buyers can complain to the consumer forum or the State Real Estate Regulatory Authority (RERA) body.
Once the entire project is completed, the issuing authority grants a single OC for the project as a whole. Thus, as is clear, partial OC allows the complete portion of the project to be opened for occupancy. Naturally, partial OCs are valid till the entire project is completed and the final OC is issued.
1. 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 , and a building without OCs is not given a water connection and are charged a higher property tax.
- Hence, in the absence of an OC, you should not accept the possession letter from the builder and not make further payment
2. If the builder has violated building law or deviated from Construction Plan , then the chance of getting OC may be less.
3. No
4. Without OC may not approve water connection , as I mentioned in above reply.
Dear Client,
Possession of the completion certificate (OC) is generally legal, and you are allowed to take possession of your flat if you have the OC. However, if the OC reveals that there are issues affecting your flat, it is advisable not to take possession until those problems are resolved.
The validity of the OC depends on whether the project adheres to legal regulations. In the case of water-related matters, having the OC should be sufficient.
However, there is a possibility that the OC might not be approved if there are non-compliances or issues with the project. In such cases, it is crucial to address the concerns before taking possession of the flat.
