• Construction delays and doubts on OC

I had bought a flat under construction in Bangalore in 2013 and it has been due for registration but I have not yet registered. Many people have moved in there and have been living for the past 6 months. The problem is that even though the construction is almost completed, many aspects of amenities and landscaping, etc and 2 other towers are still being worked on. Also, there are some issues like builder agreement mentioning a 13 passenger lift and a 8 passenger lift but both lifts installed are 8 passenger, and  I don't get a clarity from the builder on the date of final completion and occupancy certificate but he keeps asking me to register and make the final 5% payment. How do i ensure that he will give the OC? The builder/ land owner still have some flats available which they are selling the same price as what I bought in 2013 and I don't see the option to sell/ transfer. I have paid interest to the bank for over 2 years which I won't be able to recover.

Need advice on options available to me.
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Hi 
The builder will need to get the occupancy certificate before asking you to take possession. 
Since you have already paid EMI for last two years, slowly banks might pressurize you to get the registration done and handover the registration document to them. 
So the best options would be
a) find out what the other occupants of the premises have done (they also have the same problem of deficiency of service by builder). 
b) Please be informed that Occupancy certificate will be issued by Municipal authorities only when the building is completed and if there are deviations from approved plans, the penalties thereof are paid for. So from what you said and what i understand,it looks like OC will take atleast a minimum of 1 year. 
c) In this context, look at the amount of money you have already invested and amounts that are payable by you. Do your own maths. 
d) I suggest that you can do the registration,, provided builder gives you in writing(even an email or undertaking in stamp paper to provide OC and complete land scaping works) should be a proof for you in future. 
e) Also almost all builders promise the moon and deliver barren lands. there is no builder who has delivered what he has promised. for instance 8 passenger lift. you might not be able to change this as the builder will say the property owners delayed payment of money and hence he needed to resort to such methods. 
f) Once the building is occupied, form an association and fight such deficiency of service as an association. 
g) But for now, tell him of the deficiencies that impact you the most(the wall plastering, doors, toilets... access to your flat .... basically the ones that impact your personal property and rectify the same.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
1. The OC is not a big issue and even without it the title of flat remains perfect and you can enjoy the flat.
2. If there is deficiency in service to which the builder initially agreed to provide you can file case in consume forum to get those services and damages put of delay in completing it.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
You can register the property and make payment under protest through a lawyer's notice. It is builder's duty to obtain OC. Unless OC is obtained the possession cannot be delivered. If he does not obtain OC then you may sue him to seek court's directions to him to obtain OC and also compensate you for the delay.
Ashish Davessar
Advocate, Jaipur
18261 Answers
450 Consultations
5.0 on 5.0
1) pay balance amount and register flat in your name 

2) if builder fails to obtain OC fle complaint before consumer forum and seek orders to direct builder to obtain OC from BBMP

3) also seek orders to direct builder to provide amenities mentioned in brochure 

4) seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
You have paid for the flat by raising a loan, you have paid EMI's, if you do not take possession within 3 years then you will not be able to claim tax benefits on this loan amount.
Apart from this despite intimation from builder if you do not pay the balance 5% towards the flat, chances are he may cancel the agreement for non payment and cause trouble to you.
Best option would be to take it in writing on his official letter head that he will provide the OC on completion of the project as promised at the time of booking, this obtained proceed for registration.
Kiran N. Murthy
Advocate, Bangalore
766 Answers
52 Consultations
5.0 on 5.0
1) The  builder is bound to obtain OC from BBMP 

2) even if builder does not give in writing that he will obtain OC you can drag the builder to consumer forum if he fails to do so 

3) go ahead and register your sale deed for purchase of flat . 

4)entering into regd sale deed and delivery of possession are tow different issues 

5) although legally builder cannot deliver possession till OC is obtained most builders flout the law with impunity 

Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
The answer is yes if OC has not been obtained unless it is a building for which OC is not required. It is illegal to take possession without OC. However, registration is not precluded by absence of OC.
Ashish Davessar
Advocate, Jaipur
18261 Answers
450 Consultations
5.0 on 5.0
The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property. It is required for commercial buildings and for residential buildings that have more than five units. OC is issued for an entire building, or a part thereof, and is not given to individual flats.
As per Section 5.7, of The Bangalore Building Bye-laws 2003
“No person shall occupy or allow any other person to occupy any new building or part of a new building for any purpose whatsoever until occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate if in his opinion in every respect the building is completed according to the sanctioned plans and fit for the use for which it is erected. The Authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.” 
No Occupancy Certificate means that the building has not been given a “Pass Certificate”. This means that it does not have all the mandatory infrastructure/ clearances that make the building inhabitable.


The law states that it is illegal for a building without OC to be occupied. There are several reasons for this, including: The building is not as per the sanctioned plan, has illegal unsanctioned floors/ walls/ extensions The building is not safe to inhabit because of quality of construction, safety of stairs/ lifts, electrical safety, fire safety, airline safety, etc. The building is not capable of fulfilling its mandatory role in managing its waste, sewage, water. Without OC, the building is technically unfit for occupation and hence in the event that any accident takes place, the occupants / users of the building can hold no one liable and would not be eligible for any insurance or compensation claims. Water, sanitary and electricity connections, if already obtained, are liable to get disconnected. Presently, OC is not mandatory for registering the sale of flats in Bangalore. However, the khata for the flat will not be issued unless the building has the OC. The flat also cannot be sold without the OC. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Many buyers have registered, taken possession and have moved in already and have been living for the past 3-4 months. Hence, I am not sure what is the outcome for "Unless OC is obtained the possession cannot be delivered" - Are they living illegally? . Based on most responses, i believe registering the flat is the only option. What if the builder does not agree to give in written about providing OC? Should I still go ahead with the registration?
An elaborate view about the OC has been given in my previous post above. Well is you still want to do the registration, you can go ahead with the same and the final payment also can be made under protest or objection and suppose the builder is not keeping up his promise at a later date, then he can be dragged to consumer forum for getting the grievances redressed and also seeking compensation both for mental and physical losses. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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