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.