• Flat without OC

I am planning to buy a flat not having OC in a building that is 42 years old. The building is well maintained and there are no signs of it going for redvelopment in the next 5 years.
My questions are the following:
1. How do we go about acquiring the OC?
2. How long does it approximately take to obtain an OC?
3. What documents will be required by the society to obtain the OC and can the society apply directly for it or do we need any legal aid while applying for it?
4. Where do we have to apply to obtain the OC?
5. Will I be able to sell the property 5 years down the line even if it odes not have an OC?
6. In the future will I be able to mortgage a flat without OC at a bank?
Asked 8 months ago in Property Law from Mumbai, Maharashtra
Religion: Christian
1) OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by BMC  

2) f the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in short period 

3) Copy of building sanction plan (building plan approval copy).
Building Commencement Certificate.
Copy of Building Completion Certificate.
Latest Property Tax receipt
Copies of No Objection Certificates (NOCs) of pollution board or Airport authority etc.,

4) you will find it difficult to find buyer if you dont have OC . banks reluctant to sanction loan 
Ajay Sethi
Advocate, Mumbai
23350 Answers
1221 Consultations
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The builder while completing the building obtains OC from the Municipality. You alone can not get OC for the sole flat only.
If builder is not cooperating then obtain authorisation letter from him and do the follow up with the Municipality.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
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1) does society have building sanctioned plans? 

2) if not file RTi application and obtain copy of building sanctioned plans from BMC 

3) it would be cumbersome to obtain OC after period of 42 years . 

4) consult a local architect 
Ajay Sethi
Advocate, Mumbai
23350 Answers
1221 Consultations
5.0 on 5.0
1. How do we go about acquiring the OC?

OC is for the building to be occupied and not for the building which is as old as 42 years.  You may not get OC now for this building and more over, it was the duty of the builder to obtain OC and not the occupier. 





2. How long does it approximately take to obtain an OC?

You may not get OC for the old building now.


This is a vicious circle, which only the government can break. Government must initiate immediate remedial action to stem the rot. The authorities shall not be very rigid in granting completion certificates. If the builder has deviated a little more than the allowed percentage, the authorities may impose the penalty and regularise the building.
The investors too must share the blame. They do not check the antecedents of the builder and his track record ‘Before taking possession they do not check whether the building is according to the sanctioned plan and the fixtures are according to the agreement. Many do not demand occupancy certificate, parent documents, tide deeds, deposit receipts, from the builder.
The purchaser who has not collected all the required documents, has to face various types of problems at a later stage.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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The building does not have OC and BCC because it is a 42 year old building and it wasn't so stringent at that time. Will the society be able to obtain both these certificates now or even when it plans to go for redevelopment and will it be cumbersome to obtain them?

The society will not be able to obtain OC at this stage, it may obtain the same at the time of redevelopment and ready to occupy.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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