Planning authorities in Anekal, Hoskote, Kanakapura, Magadi, Nelamangala and Ramanagaram-Channapatna are empowered to approve layouts. The Bangalore International Airport Area Planning Authority (BIAAPA) is for Devanahalli region. BMRDA only frames rules to help these authorities with master plans.

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

The Authority which has sanctioned/approved the map/plan of the concerned Group Housing Project is the one responsibility to issue OC and CC after making all the due inspections and verifications.

If APA was the sanctioning Authority, it is also responsible to issue CC and OC. However, the same will not be issued if the Promoter has not adhered to the sanctioned map and there's some deviation from the original approved plan.

If the building construction is completed as per the building sanctioned plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.

2)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 local municipal corporation that provides no objection to occupy the building under reference for its specified use.

3) BMRDA is autonomous body created for planning , supervising , coordinating orderly development of areas with Bangalore metropolitan region

4) if APA has given approval BCC and OC should be issued by APA

The civic authorities who have sanctioned the map after ascertaining that all the statutory requirements while constructing the building have been carried out will issue the OC thereafter.

OC should be issued by APA if approval BCC was given by APA.

It is the OC which certifies that the building has been constructed with all necessary requirements and no deviation has been made thereupon.

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.

Within one month after the completion of the construction the builder should intimate the Commissioner in writing about the completion.

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.

Can the follow up question be asked after the answer?

Yes, you can very well ask the follow up question even after getting an answer to the previous question.

Who gives the OC?

In Bengaluru, BBMP and BDA issue Occupancy Certificates.

Who determines the flat is fit enough to occupy?

The authorities while giving OC shall give them 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.

Is there only information as per various websites that BMRDA gives completion certificate?

Is there no proper rules set in this matter? Who determines If the flat has not deviated from any law?

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.”

If Anekal Planning Authority has given approval, then arent they the authorities who should give OC and CC? From the website of Anekal Planning Authority, I found out that they have not regularized themselves, hence until then they will follow the bye-laws of BBMP. BMRDA only guides them.Hence I think the OC and CC should be given by Anekal Planning Authority.

Anekal Planning authority has not been authorised to issue OC or CC for the BMRDA approved plans also.

In simple terms, the absence of a valid Completion certificate / Occupancy certificate, means that the building may not have been built as per approved plan, and the threat of demolition of unauthorised structure looms large.

how to deal with the builder who has not given you a valid Completion Certificate / Occupancy Certificate?

You need to issue a notice to the builder to apply and handover Completion Certificate / Occupancy Certificate, within one month from the date of issue of your notice.

If the builder does not respond, file a complaint in the consumer forum, and pray the forum to issue directions to the builder to apply and obtain the above certificates.

You can also mention in the complaint that the Hon’ble Supreme Court has given a judgement in Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr on 10 July, 2008 that “Even if such a provision for providing completion certificate is not found in the agreement, the builder cannot escape the liability for securing the Completion Certificate and providing a copy thereof to the owner. The law requires the builder to obtain completion certificate of such a building.”

If this does not work, one can actually file a writ with relevant documents, against the errant builder. Surely this is better than having to face a Campa-Cola-like situation some other day in the future!