• Occupation certificate for less than 8 units building - Bangalore

I am about to buy a builder floor (new construction, 60*40 site, 4 houses) in Bangalore, and lately found that though builder can provide A Khata, he cannot provide OC/CC. He is claiming that for less than 8 units, OC not required. Can you guide me?
Asked 4 years ago in Property Law
Religion: Hindu

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5 Answers

You need OC and building completion certificate 

 

2) it is builder responsibility to obtain OC 

 

3) don’t purchase flat if building does not have OC 

Ajay Sethi
Advocate, Mumbai
97594 Answers
7900 Consultations

- Completion Certificate for a constructed property is issued by the municipal authorities denoting that the building is in compliance with their rules in terms of height, distance from the road, and is constructed as per the approved plans etc. This document is important at the time of purchasing a property and seeking a home loan.

- Further Occupancy Certificate for a constructed property is obtained after the completion of the construction. It is important at the time of buying a property, seeking a home loan, before the builder allows people to take possession of the property and, for the transfer of Khata. This Certificate certifies that the project is ready for occupancy.

- Hence if the said builder not obtaining this two certificates , then you should not proceed to purchase . 

Mohammed Shahzad
Advocate, Delhi
14773 Answers
225 Consultations

The Occupancy Certificate (OC) is a document issued by a statutory authority (such as BBMP and BDA in Bangalore) and it gives the applicant (builder) permission to “occupy” the property. It is required for commercial buildings and for residential buildings that have more than five units. OC is issued for an entire building, or a part thereof, and is not given to individual flats.

As per Section 5.7 of Karnataka Municipal corporation Act: 

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.”

Simply put, this means that the builder, on completion of the building, needs to apply to the statutory authority (BBMP/ BDA) for OC. If the building has been built as per the sanctioned plan, and fulfils the other legal requirements, the authority is supposed to issue the OC within 30 days. It is illegal for the builder to hand over the flats to the buyers without receiving the OC. It is illegal for the flats to be occupied / rented without the OC.

T Kalaiselvan
Advocate, Vellore
87796 Answers
2364 Consultations

Oc is required. Rera provision can be absolved on the basis of its independent provision

Prashant Nayak
Advocate, Mumbai
32914 Answers
209 Consultations

khata for the flat will not be issued unless the building has the OC. The flat also cannot be sold without the OC. 

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

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