• Occupancy Certificate

I stay in a Builder Apartment which has 4 floors (of which 3 floors are in the sanctioned plan and 4th one is not).  I stay in first floor, which has the approved plan and with no deviation.  I have been staying here since 6 yrs, but have not obtained OC from the builder.  My question is 

1.  Is OC applicable for builder apartment like mine ? 
2.  If OC is required, will I be able to obtain after staying for this long ?
Asked 7 months ago in Property Law from Bengaluru, Karnataka
Religion: Hindu
1) Builder is required to obtain OC that building has been completed as per sanctioned plans 

2) if builder has not obtained OC or building completion certificate file complaint before consumer forum and obtain orders to direct builder to obtain OC 

3) you are not required to obtain OC from municipal corporation 
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hi 
In all probability your builder must have Not obtained the OC as the fourth floor is unauthorized.
Again in all probability the builder must have applied for regularization of the fourth floor under the last year's building regularization scheme. 
As far as your property is concerned, you need not worry at all as your apartment is as per sanctioned plan and also there is no deviation. 
i also presume you are paying property taxes as per your flat built up area for last 6 years. If so , you can stay relaxed. 
no worries.
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
According to the building bye-laws of BBMP, every builder should complete the construction or reconstruction of a building for which the licence was obtained. The construction should complete before the expiry of five years from the date of issue of licence. Within one month after the completion of the construction the builder should intimate the Commissioner in writing about the completion. It should be accompanied by a certificate in certified by a registered architect / engineer / supervisor. Along with this, the application for permission to occupy the building should be submitted.
In addition, OC should be given after the physical inspection of the building by an official who has to verify if the building has been constructed as per the sanctioned plan and has met the requirement of building byelaws. This includes inspections by the Fire Service Department wherever necessary. In Bengaluru, BBMP and BDA issue Occupancy Certificates.

However since you have purchased the property around 6 years ago and have already availed the electricity and other service connections, you need not immediately worry about the OC but you can insist the builder to obtain OC without which you ma not be able to sell the house  or the buyer would be able to avail housing loan.
T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
1. OC is mandatory even for builder apartments.
2. You can apply to the competent authority to grant the OC. Take assistance from a local lawyer who is well versed with the local laws.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14122 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
441 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0