Renting an apartment with no OC
I am in process of buying an apartment in Bangalore. The builder says that there are some deviations because of which BBMP will not give occupancy certificate. Instead, builder will give a possession certificate. He is confident that the apartment will get regularised under akrama-sakrama scheme (may take upto 5 years). My question is can I rent the flat without getting OC?
Asked in Property Law from Bangalore, Karnataka
Well, it's indeed a tricky situation as many cases deviation gets regularised and sometimes not.
It depends upon gravity of the deviation.
It would be nice if you consult a local lawyer who would be in better place to advise on seeing the parpers.
1) you should not buy flat wherein builder has carried out construction contrary to sanctioned plans
2) legally builder can offer possession only after OC s issued by muncipal corporation
3) there is no guarantee that building Would be regularised
4) you can rent your flat if you so desire but do it by registered leave an licence agreement only
Once you are the owner of the apartment, you can do whatever you want to including letting it out on rent basis as well.
Most builders (small time) tend to deviate from the sanctioned building plan resulting in the BBMP not providing the commencement certificate and Occupancy certificate that will be necessary for obtaining 'A' Katha. Your builder is not an exception.
Hi, you can rent that property to any body even though you are not getting OC.
2. BBMP will not give OC if the building has deviated from its plan so you have to wait till akram sakram scheme.
3. You have no issue for to let the apartment.
1. At the moment the flat is 'Akrama' and would become 'Sakrama' if it is regularised.
2. Because of the deviations from the original plan sanctioned, the 'Occupancy Certificate' was not issued by BBMP.
3. It is true that the apartment will get regularised when once the 'Akrama-Sakrama' is implemented and as of now it is uncertain as to when the scheme would be operational.
4. Legally speaking you cannot let out the apartment without getting OC.
5. However there are thousands of such apartments in Bangalore which do not have OC but still let out and people are residing in it.
6. So you can follow what other apartment owners are doing in the present circumstances.
Possession Certificate issued by the builder without Occupancy Certificate has scrap value. Akrama Sakrama scheme has already been the subject of dispute in Karnataka High Court, so nobody knows what will happen in future. Do not purchase this property. You can certainly rent the flat without OC, but this arrangement will continue only as long as the civic authorities do not initiate the process of your eviction.
1. If you can take possession of the flat and live in it, you can also rent/lease it for dwelling purpose,
2. Buying of a flat for which OC will not be issued now on the assurance that it will be managed after 5 years appears to be risky to me.