• Buying an apartment without OC and CC

Hi, 

we are planning to buy an apartment. the builder says he can not issue OC/CC. it is G+3 approved for around 110 flats, but builder put 4th floor with almost 25 flats and giving them for rent which itself is crossing 20% deviation. Builder says will get A- Khata for the flat when Akrama sakrama decide the rates. 

my doubt is without OC how do we get A-Khata. and looking at the current deviation can we get OC in future. what will be charges for the deviation?

//Naga
Asked 1 month ago in Property Law from Bangalore, Karnataka
Religion: Hindu
Don't purchase the flat 

2) title is not clear and marketable 

3) chances of unauthorised construction being regularised are bleak 

Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
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It is never advisable to buy a proeprty which has some constructional irregularities like in yours. Though such irregularity is generally corrected on payment of penalty, there is again no assurance for the same.
Hence show all the papers to a local lawyer and get his opinion.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
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1. It can not be foretold what could be the charges for the said deviation.

2. It can not also be guaranteed that the deviation will be finally approved and you will get OC in future.

3. Under such circumstances it becomes risky to buy the flat whose OC may not be issued.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Builder has categorically stated he cannot obtain OC /CC

2) never purchase flat in building which does not have OC or CC 

3) you will always have Damocles sword hanging over your head 

4) ideal strategy is wait for building to be completed OC issued then purchase flat 

5) don't risk your hard earned money 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
1. Occupation of 60% to 70% of the total flats do not make the deviation legal.

2. However, you shall have to take calculated risk and take decisions accordingly to buy the said flat.

3. The consequence will be that your sale deed for buying the flat will not be registered till the deviation is approved by the authority and OC will not be issued.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
5.0 on 5.0
Bombay HC: Illegal to move into property without occupation certificate
MUMBAI: It is against the law to move into flats in buildings without the mandatory municipal occupation certificate (OC), the Bombay high court has ruled. A division bench of Justice S C Dharmadhikari and Justice Gautam Patel sought action against 49 flat owners as well as a nursing home in two wings of a building with six wings in Sion East. 

"Occupying the building without occupation certificate and commencing the activity styled as Nursing Home cannot be countenanced and permitted in law. They will have to be proceeded against by the municipal corporation," said the judges. The BMC told the court it will issue notices to the 49 families, which moved into wings E and F as well as the nursing home on the first floor. 

The court's order could have an impact beyond this multi-storeyed Sion building. There could be as many as 6,000 buildings in Mumbai without OCs. Over one lakh families stay in such buildings. A few years ago, a state government amnesty scheme for such buildings received a tepid response—with just around 100 buildings seeking regularization.

he court was hearing a petition filed by the Sion Kamgar Cooperative Society that had leased the land in a central location in Sion for 999 years in the 1950s. A few years ago it went in for redevelopment. In its petition, the society claimed that while four wings were constructed as per plans, two additional wings were put up—which now house around 50 families and also has a nursing home on the first floor. The society asked the court to initiate action against the nursing home.

The court admonished the BMC for its conduct. "What we find is that there is complete silence maintained (in the corporation's affidavit) with regard to the construction of Wings E and F and whether they are unauthorized as claimed," said the judges. The BMC's counsel admitted before the court that both E and F wings did not have any occupation certificate. The court added that the nursing home might have been unaware of the disputes between the society and the developers, but the law did not permit occupying a building without OC. The BMC claimed that it had allowed the nursing home to be set up as it had all licences and the corporation had taken an undertaking from the hospital owners that the OC would be produced whenever it is issued. The HC said that this was not enough 
Ajay Sethi
Advocate, Mumbai
23230 Answers
1219 Consultations
5.0 on 5.0
we are planning to buy an apartment. the builder says he can not issue OC/CC. it is G+3 approved for around 110 flats, but builder put 4th floor with almost 25 flats and giving them for rent which itself is crossing 20% deviation. Builder says will get A- Khata for the flat when Akrama sakrama decide the rates. 
my doubt is without OC how do we get A-Khata. and looking at the current deviation can we get OC in future. what will be charges for the deviation?

The builder is trying to sell the flats with false and tall promises but he very well knows that this shall not happen because the regularisation through Akrama sakrama  is not in the sight at all though it has been in the news quite often.
He cannot tech A khatha nor the desired OC/CC  anytime because of the deviation in the construction which is very well far beyond the permitted level. 
Thus you should think about risking yourself with this purchase.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0
DO you still see problem with regulations?. and i am planning to purchase the one in 2nd floor. 
What can be consequences if i buy this flat?
Also as you are lawyer from Mumbai, are these regulations in Karnataka and Mumbai are same?


If the construction of the building is very well beyond the permitted level it is likely to be demolished if the authority is taking a serious view on this and would dcide to so 
Whether you are buying a flat in the 2nd floor o even at the top floor, the purchase without proper legal opinion from a local lawyer is not at all advisable.
The law in this regard differ from states across the country.
T Kalaiselvan
Advocate, Vellore
14006 Answers
127 Consultations
5.0 on 5.0

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