• Occupancy certificate for BMRDA flat

Dear Sir,

I have my builder who has an approved plan for G+3 floors in a BMRDA jurisdiction near Hoskote. They have informed me that they have obtained the  clearances from the KPTCL and the fire department.
I have happened to come across this website which says that BMRDA does not issue occupancy certificate and the commencement certificate is this true ?

Is OC/CC needed only for BBMP and BDA sites in Bangalore ? If there is no OC available and other documents like sale deed,latest Khata, registration documents are available for a BMRDA jurisdiction ( Hoskote) should it be fine or what other documents are needed 

Thanks
Deepika
Asked in Property Law from Bangalore, Karnataka
Religion: Hindu
Properties coming under the jurisdiction of BBMP will get CC AND OC otherwise BMRDA approved plans will not get a OC on completion at the time of occupancy. This is indeed true.
BMRDA approval is sufficient to get any other relevant document including proceeding for registration of the property. 
you must show the property papers and take an independent opinion from an advocate in case of any other documents required from builder prior to entering into a sale agreement.
Kiran N. Murthy
Advocate, Bangalore
829 Answers
62 Consultations

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1) BMRDA does not issue occupancy certificate but as per information available on various websites it issues completion certificate 

2) if building has been constructed as per sanctioned plans you have nothing to fear 

3) contact local lawyer in this regard 
Ajay Sethi
Advocate, Mumbai
28457 Answers
1543 Consultations

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BMRDA  issues completion certificate that building has completed as per the approved plans 
Ajay Sethi
Advocate, Mumbai
28457 Answers
1543 Consultations

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1. What you have heard is untrue. OC is mandatory which will not be issued on completion of the building if the builder had not taken a CC at the beginning. See OC section below. The Occupancy certificate (OC) is obtained at the end of the construction and is proof of plan sanction compliance. Once the builder applies for the OC, BBMP is supposed to conduct an inspection to confirm that the construction is compliant with the sanctioned plan. 

2. Avoid buying the property if it does not have OC. BMRDA approval should not be taken on face value as anyone having a claim to the land can institute a suit for recovery of possession against you.
Ashish Davessar
Advocate, Jaipur
19897 Answers
519 Consultations

5.0 on 5.0

I have happened to come across this website which says that BMRDA does not issue occupancy certificate and the commencement certificate is this true ?
Is OC/CC needed only for BBMP and BDA sites in Bangalore ? If there is no OC available and other documents like sale deed,latest Khata, registration documents are available for a BMRDA jurisdiction ( Hoskote) should it be fine or what other documents are needed.

Obtain commencement certificate and occupancy certificate. 
Ask for copies of land registration, joint venture, Encumbrance certificate, tax paid receipts, etc.
Check whether there are any pre-existing owners.
Confirm whether the area is approved by BMMP,BDA or BMRDA.

Every builder flouts the sanctioned plan with impunity and there is no one to check. Eventually, the flat buyer suffers while the builder and corrupt officials profit from the illegality. 
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 competent authority. There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers.
T Kalaiselvan
Advocate, Vellore
18676 Answers
176 Consultations

5.0 on 5.0

Thanks a lot for all the quick replies. I am in a little confusion so if BMRDA approved flats don't get an OC or CC then what would be the likely substitute documents ?
Bangalore Metropolitan Region Development Authority (BMRDA) is an autonomous body created by the Government of Karnataka under the BMRDA Act 1985 for the purpose of planning, co-ordinating and supervising the proper and orderly development of the areas within the Bangalore Metropolitan Region (BMR) which comprises Bangalore urban district, Bangalore rural district and Ramanagara district.
Therefore an application with BMRDA for this developmental activity may be moved, which after satisfying the conditions laid down, shall pass an order permitting construction, this should suffice the requirement of OC.



Also as OC is relatively a new document that has been recently inducted ( probably 2 or 3 years ago in my knowledge) for BBMP and BDA sites. In my case as this is BMRDA flat does the BMRDA approval alone stand as a valid substitute for OC and CC or does that mean OC/CC is usually not issued for BMRDA flat as the BMRDA approval itself is sufficient to proceed with sale agreement & registration assuming other legal documents are fine and in place.
Your this question has been answered through the above question.

T Kalaiselvan
Advocate, Vellore
18676 Answers
176 Consultations

5.0 on 5.0

A. As per the BMRDA Regulations 1996, if the building with Ground + 3 Floor or below or more than 4000 Sq.Mt shall obtain NOC from the BWSSB, BESCOM is mandatory.

B. Presently, as you said, BMRDA not issuing Occupancy Certificate. However, Section 310 of the Karnataka Municipal Corporation Act, 1976, Completion Certificate should be obtain from the authority and Sub clause (B) speaks about  No person shall occupy or permit to be occupied any such building,  or part of the building or use or permit to be used the building or part thereof affected by any work, until,-   (a) permission has been received from the Commissioner in this behalf;   

C. Therefore, BMRDA will issue Completion Certificate by verifying whether the building construction is completed as per the terms and conditon of the approved plan and zonal regulations.

D. What I answered above that it teaches only procedural aspects, so I hereby advised to you that to take legal report with respect to property/land by consulting local advocate by handovering all the land documents.
B.T. Ravi
Advocate, Bangalore
758 Answers
38 Consultations

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A. I hope that earlier reply cleared all your queries and I would like to draw your attention to the fact that Section 310 of the Karnataka Municipal Corporation Act, 1976 applicable to whole Karnataka, hence, Completion Certificate by following occupancy confirmation is mandatory with in the purview of the said section.

B. For the purpose of verification of land documents in connection with the PTCL verfication, Nil Tenancy, NOC documetns verification, Title History of the land lords, Minor Claims, Joint Family Property or Coparcenary Property claims, verification of all revenue records etc. please contact legal expert who is expert in Property Law.

C. Moreover, verify the Sale Agreement and Construction Agreement's clauses by appointing legal expert to know the delay in delivery of possession penalty clause, indemnity clause etc., 
B.T. Ravi
Advocate, Bangalore
758 Answers
38 Consultations

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