• Occupancy Certificate in Bangalore

Hi,
I am planning to invest in a property that is just completed. The builder says that he has applied for Occupancy Certificate but getting this will take time. Already about 100 residents have moved into the property.
While reading about OC, I came to know that moving into houses without OC is illegal. But how common is this practice of moving in and applying/getting for OC later(in a time frame of 1 year.) in Bengaluru?
The builder is ready to provide me only Commencement Certificate and Possession Certificate at the time of sale, along with all valid approvals. 

Is the builder taking me for the ride? 
Also I am a bit confused about the Completion Certificate. The builder is not even providing Completion Certificate right now.
Asked 12 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) don't purchase the flat 

3)builder cannot deliver possession of flat until OC is issued 

4) OC is certificate that building has been completed as per sanctioned plans 

5) it is risky to move into flat if building does not have OC 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
1. There is absolutely no illegality on entering into a property wherein no OC is granted.
2. OC is issued by Municipality and it is more like a compliance certificate than anything else.
3. I can suggest that title of a property does not suffer due to non supply of OC.
4. So you can proceed with the property as OC will be issued in course of time.
Devajyoti Barman
Advocate, Kolkata
5174 Answers
54 Consultations
4.9 on 5.0
Hi, BBMP will issue the Occupation Certificate only when the  builder has constructed the building as per sanction plan and if the builder has any deviation in the construction in the building then BBMP will not issued Occupancy Certificate.

2. If the  BBMP issused Completion certificate then they will issue Occupancy certificate, here some deviation is there so BBMP will not issue the Completion certificate and if the Completion certificate is not issued then Builder will not get the Occupancy Certificate.

3. It is better you can take proper legal opinion from the advocate and proceed further.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Possession cannot be delivered or taken unless OC has been obtained. Forget about the 'common practice', you should stress on the legal compliance. A practice which has been adopted and pursued in violation of the law can be brought to an abrupt end by the civic authorities. There is more than one reason to distrust the builder as he has not provided the CC also.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Anews reported in the press on the subject is reproduced below for your information and decision:
 Rajini Chengappa, 58, and husband Vivek, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later. 

The builder, Vivek says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources. 

In many cases, though the building plans are approved, OCs are denied due to other violations. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties. 

So how much and what you infer from the above information.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
A. Generally, flat customers are pondering over to acquire flat due to avoid rent and fed up with the builder in respect of delivery of possession. In such being, they acquired the flat by getting undertaking letter from the builder to provide OC and CC once recieved the same from the local authority.

B. As you highlighted above, neither the builder cannot compel the customer to have possession nor customer  acquired the flat unless obtained the occupancy certificate because of Occupancy Certificate speak for itself it will be certified by the BBMP or local authority as to whether the Project or flat is suitable for living or not? and the builder has been followed all the norms and guilines of the approved plan. And if any deviation visible, how much deviation is determined by the BBMP engineer. According to reliable sources, upto 5% will be allowed subject to non disturbance of building stablity.

C. In my opinion, if the title documents are perfect in accordance with your legal expert and if the project has got plan approval, building license, NOC from the Fire, BESCOM, BWSSB, BSNL, AIRPORT, KSPCB etc.,if the building high rise building ie.,Ground + Fourth Floor. you can ask undertaking letter in connection with the Occupancy Certificate and penalty cluase as you wish if failed to comply the same.
B.T. Ravi
Advocate, Bangalore
733 Answers
29 Consultations
5.0 on 5.0
if builder has completed building as per sanctioned plans builder would get building completion certificate from
The authorities 
Ajay Sethi
Advocate, Mumbai
23145 Answers
1215 Consultations
5.0 on 5.0
Though the approvals and NOC have been given by the authorities, for finalisation all the authorities they may once again inspect the properties for deviation and give their consent for issuing occupancy certificate by the BBMP authorities. 
If there are no glaring violations chances are there for getting occupancy certificate at one stroke. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
The chances are minimal. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
1. Yes, taking possession of a flat without OC is illegal,

2. In Bangaluru OC has some times been availed after giving possession though it is not legal and is not  a standard practice,

3. Since you have already paid a huge amount, it will be prudent on your part to take possession of the flat first,

4. If he fails to get the OC and register the sale deed in your name, file a consumer complaint before the District Consumer Dispute Redressal forum alleging deficiency in service and unfair business practice claiming refund of the entire amount paid with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0
1. If there is no deviation from the sanctioned building plan there is 100% chance of his getting the OC and CC,

2. If there is even slight deviation, he might get the OC/CC by paying the penalty,

3. If there is huge deviation, no body can tell about the chance of getting the OC/CC.
Krishna Kishore Ganguly
Advocate, Kolkata
12055 Answers
228 Consultations
5.0 on 5.0

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