Gram panchayat cannot issue occupancy certificate. In cities, it will be issued by muncipal corporation
gram panchayat can issue completion certificate
Is OC required for non-municipal area building
My son has bought a flat on Nere at the outskirts of Panvel . He got a loan from the bank for it. While taking possession he got the following documents:- . A possession letter form the builder. . receipts for the balance payment made. . A virtual completion certificate from the architect of the building. There is no OC from local grampanchayat. Is this OK?
Asked 4 years ago in Property Law
Religion: Hindu
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15 Answers
The lack of OC connotes that there is some defect in completion of the construction.
So engage an advocate to first check the title of the property and then the reason behind non issuance of OC.
If the reason is insignificant then you can proceed to buy this property.
So consult an advocate who on physical verification of deeds can advise.
Good luck.
No you should insist on the OC.
No it is not. Oc and cc must be taken and tge builder must obtain completion certificate feom the municipal corporation he should give you occupancy certificate.
1. In small buildings constructed in Gram Panchayat jurisdiction, there is no requirement of OC provided the building plan is duly sanction by the Town Planning Dept. (collector office) and the registered architect certifies that building is completed as per sanctioned plans and is fit for occupying. Further the Gram Panchayat MUST issue the House Tax Receipt from day one, which in turn proves that Gram Panchayat Sarpanch committee has approved the building for occupying.
2. OC is "mandatory" for buildings constructed in Municipal Corporation or Council areas,
Yes this seems ok
The gram panchayat must have issued a completion certificate.
He may ask the builder to supply a copy of the CC issued by the Gram Panchayat to him.
you need OC irrespective of Municipal Corporation area. As per Development Control Rules 1991 and MRTP Act and Gram Panchayat rules, it is one of the duties of Architect to apply for OC and obtain it from the SDO appointed the competent authorities.
- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.
- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.
- Further, the state government has decided to act against builders and architects who give possession of flats to owners without securing a Occupation Certificate (OC).
- Further,, buildings without OCs are not given a water connection and are charged a higher property tax.
- Hence , you should ask the builder to provide the OC , it is his duty to arranged the same , and further the local grampanchayat is not authorised to issue the OC .
Yes OC is required for the same.
Dear Sir,
The said NOC is not required. and it's Ok.
not required, gram panchayat can only issue CC not OC.
OC is necessary document. Without OC, delivery of possession is illegal.
Yes it is okay but your son can demand copy of OC from developer.
The gram panchayat is not an authority to issue the OC.
Any way you can insist on the procurement of OC from the competent authority.
