• CC/OC for builder floor apartments

Hello,

I am interested in buying a flat in Bangalore. The building has 4 floors (G+3) with 32 flats in total. There is no deviation in terms of extra floors. Also the loans are sanctioned by nationalized banks including SBI.

The builder says that A khata will be provided for individual flat owners. But when I asked for CC/OC, he said that this is not applicable for buildings comprising of less number of residential units. 

Is this correct? Is it safe to buy a flat with A Khata and no CC/OC?
Pl. guide and advice.

Regards,
Umashankar
Asked 7 months ago in Property Law from Singapore
Religion: Hindu
OC/CC is applicable to all buildings irrespective f its sieges.
However it is a mere formality and absence of it is not a very serious matter to reject a flat if the title of the property is otherwise clean.
So get the title deed verified by a local lawyer and proceed to buy the same,
Devajyoti Barman
Advocate, Kolkata
5164 Answers
54 Consultations
4.9 on 5.0
1) Completion certificate is issued by the local civic body authority stating the property has been built as per sanctioned plan and is completed. 

2) The Builder has to get the Occupancy certificate from the Municipal Corporation. without Oc no flat owner can occupy the flat . it is given for residential buildings that have more than five units. - 

3) s per Section 5.6 of the Bangalore Municipal Building Bye-laws 2003, “The Authority shall decide after due physical inspection of the building (including whether the owner had obtained commencement certificate as per section 300 of the Karnataka Municipal Corporations Act, 1976 and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high rise buildings at the time of submitting application) and intimate the applicant within thirty days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected. In case, the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan.” 

4)  As per bye law  5.7, “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.

5) dont purchase the flat 
Ajay Sethi
Advocate, Mumbai
23126 Answers
1215 Consultations
5.0 on 5.0
irrespective of the total number of flats, every building sanctioned for construction of residential apartments must obtain a COMMENCEMENT CERTIFICATE from the sanctioning authority, B.B.M.P, if this is not obtained, it means the developer has deviated from the sanctioned plan, therefore he will also not be able to provide the Occupancy Certificate on completion of the construction.
This then means that he will not get A Katha for the constructed building but only a Form-B property register extract or 'B' Katha. 
Without the CC/OC if the builder is promising A Katha, then he will be doing so by paying a penalty and bribe to B.B.M.P by collecting the same from you. 
Kiran N. Murthy
Advocate, Bangalore
765 Answers
50 Consultations
5.0 on 5.0
1. CC/OC is issued for all constructions for which sanction has been given by the Authority,

2. The said CC/OC certifies that the building has been completed as per the sanctioned plan,

3.Ask your builder to show the rule which states that OC/CC is not required for construction of buildings comprising less no. of residential flats and what is the maximum no. of such flats in a building up to which no OC/CC is not required legally,

4. Ask your representative at Bangalore to visit the office of the Authority to ascertain the reason for not issuing OC/CC for your flat.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. As per Section 5.6 of the Bangalore Municipal Building Bye-laws 2003, “The Authority shall decide after due physical inspection of the building (including whether the owner had obtained commencement certificate as per section 300 of the Karnataka Municipal Corporations Act, 1976 and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high rise buildings at the time of submitting application) and intimate the applicant within thirty days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected. In case, the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX provided the building is in accordance with the sanctioned plan.” 

2. Absence of 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. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
You can say, when the bank has sanctioned loan and legal opinion is clear, The reason is, bank will sanction loan based on land records only. Because it is under-construction property and the bank will not see any building violations in case of under-construction property. Even if they know, they will not raise any objections, because everything is legal as per the agreement and payment schedule. 
n Bangalore, 60-70% of the bank business is from real estate. Who on the earth will worry for OC and Khata? Because finally, the bank will catch the buyer for repayment of loan and not the builder for building violations. Bank, builder, BBMP, sub-registrar office, BDA – all are hand-in-glove. All of them know very well that the builder is violating the bye-laws but all keep silent. The reason is, everybody is party to this and they don’t want to stop this. 
Ensure that the builder commits OC and ‘A’ Khata in writing and make it as part of Sale Agreement / Sale Deed. Make the payment schedule reflect the stages for actual completion of your flat and also till handing over all the legal documents like OC and ‘A’ Khata. Make the bank release payment only after completion of each stage. Instruct bank to release payment only after receiving written approval from you (builder generally sends demand note to banker for payment release and puts pressure on bank for release of payment) Form an association along with other residents so that pressure can be put on the builder to deliver as per schedule and commitments. 
Check that the builder has all the necessary clearances, like sanctioned plan, commencement certificate etc. After the completion of the project, ensure that the builder hands over whole set of documents to residents association Ensure that the builder doesn’t violate the sanctioned plan/bye-laws Now, an under-construction property attracts same VAT as a completed apartment, so you won't save anything. 
The builder requires to have the approval or sanctions from the concerned authority for the construction of a building. The building constructed without sanctions or deviated more than 5 per cent from approved plan levies penalty and authorities has right to demolish the building without any prior notice.
Completion Certificate: Completion certificate is mandatory for building constructed before selling or occupied. Issuing of Completion Certificate will ensure that the builder or owner has constructed the building as per approved plan.
However, note that the occupancy certificate is not needed for registration of the property during purchase. This often leads buyers to believe that the occupancy certificate is not important.
T Kalaiselvan
Advocate, Vellore
13943 Answers
127 Consultations
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