indrefs.com

Sign in with Facebook
Sign in with Facebook

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active
 

 A buyer can move into his/her new apartment only once the occupancy certificate (OC) has been received. This occupancy certificate is generally obtained from the Bruhat Bangalore Mahanagara Palike (BBMP) and it is mandatory for every residential complex, which is larger than five units, to obtain the occupancy certificate. It is illegal to move into a flat or house without receiving the occupancy certificate.


The occupancy certificate is processed once the Palike gets information from the owner or the buyer highlighting that the construction has been completed. The builder needs to fill an occupancy certificate application form for the issue of the certificate. The builder will also need to submit a few other documents that are listed in our forum “Documents required occupancy certificate Bangalore”. The BBMP authorities will inspect the complex and confirm whether it has been completed according to the approved plan and then, issue the certificate. However, in case the deviations are upto five percent from the plan, then a fine will be charged based on the extent of deviation made. Once the fee is paid, the occupancy certificate will be issued. For more details on the fine, check “Occupancy certificate bangalore deviation fines”.

When do we get occupancy certificate?

Normally, the builder of the flat issues occupancy certificate once the construction is completed. Legally, every builder/owner should send an application to the commissioner for the OC within 30 days of completion of the building. The commissioner, in turn, informs the applicant within a 30 day period whether the application has been accepted or rejected. The buyer should definitely get the occupancy certificate before moving into the flat or signing the agreement. However, sometimes builders don’t obtain occupancy certificate from BBMP as once the OC is obtained, these builders would be required to pay property tax. The builder might not have sold all the flats in the complex. In such a situation, the builder is often reluctant to obtain occupancy certificate. If the builder has not constructed the complex based on the approved plan, then there is a chance that the builder might not be able to obtain orrucpancy certificate.

What are some of the conditions needed to be fulfilled to get the Occupancy certificate?

In order to get the occupancy certificate, clearances from the fire department has to be obtained. Some of the conditions to provide the occupancy certificate are listed below.
a. The car parking in the basement shall have enough safety measures. The car park is supposed to be built at the complete risk of the owner and BBMP does not take any liability for any loss, damage, risk, etc.

b. The owner/builder is not supposed to add/alter the structure in any way without permission from the BBMP. If the structure is changed in any way, BBMP has the right to damage or demolish the structure.

c. Basement floor and ground floor should be used for parking purposes only.

d. Footpath in front of the buildings should be maintained in good condition.

e. Rainwater harvesting should be implemented and maintained in good working condition for storage of water or for recharging ground water.

f. The security deposit made by the builder will be forfeited in case there is a deviation from the approved plan.

g. The owner shall segregate the waste and make appropriate arrangements to dispose the organic and inorganic waste. These arrangements should be made in consultation with BBMP Zonal Health office.

If any of the information provided by the builder/owner is false, then BBMP has the right to cancel the Occupancy certificate. 

Is Occupancy certificate important?

Generally, Occupancy certificate(OC) is needed by a purchaser when he/she is legally moving into a flat. It is illegal to move into a flat without the occupancy certificate. The owner of the flat can be forced to evict the flat in case he/she does not have occupancy certificate. 
Occupancy certificate is also required when the buyer applies for Khata. However, note that the occupancy certificate is not needed for registration of the property during purchase. This often leads buyers to believe that the occupancy certificate is not important. However, when such a buyer tries to apply for Khata, he/she will face problems obtaining it. Note that this Khata will definitely be requires in case the owner plans to sell the flat sometime in future.

There is also a chance that the electricity and the water connection could be cut to the flat if the owner does not have the occupancy certificate.

OC is also needed when one plans to get loans to purchase a resale flat. In case of a new under construction flat, banks will provide loans when the flat is being constructed. As OC is not available during construction phase, OC need not be submitted. However, the bank might instead demand for CC (Commencement certificate). Click to read more about commencement certificate. Once the house is purchased, used and then resold at some later date, the new buyer shall demand OC. The new buyer might also intend to buy the flat on loan. In such circumstances, unless you have an OC for your flat, there is a high chance that the new prospective buyer might not be able to get a loan and consequently, be unable to buy the property. In such a case, you will need to search for someone who will be able to buy the flat without availing a loan which can sometimes be difficult and time intensive.

On a larger note, yes, it is always better to have the Occupancy certificate in order to ensure that the buyer is on the right side of the law. It also makes resale of flat an easier task.

What can buyers do to avoid getting cheated?

  1. Obtain commencement certificate and occupancy certificate. 
  2. Ask for copies of land registration, joint venture, Encumbrance certificate, tax paid receipts, etc.
  3. Check whether there are any pre-existing owners.
  4. Confirm whether the area is approved by BMMP,BDA or BMRDA

Comments   

0 #133 Krishna 2016-08-08 23:46
Hi Singh,

Please find below some details to look for.

http://www.indiarealestateforums.com/news-feed-blogs/194-sale-deed-sale-agreement-construction-agreement-and-title-deed-importance-format-and-more
http://www.indiarealestateforums.com/news-feed-blogs/343-what-is-a-mother-deed-and-why-do-you-need-it
http://www.indiarealestateforums.com/news-feed-blogs/20-chennai/28-things-to-do-before-buying-land


Thanks and Regards,
Krish
Quote
0 #132 Singh 2016-08-02 16:25
I'm buying a resale flat in Mira Road.

the Broker said all documents are clear and the seller has all the docs too. kindly help me as to what all key things to look into each of the documents as this is my first such transaction.
Quote
0 #131 Krishna 2016-05-09 13:57
Hi Shukla,

I have responded to your query in the following link:

http://www.indiarealestateforums.com/forum/bangalore/2882-khata-a-without-oc-and-cc#8069

Please feel free to post any further questions or comments in the above-mentioned link as I tend to respond to questions in the forum before responding to questions in the comments section or received via mail.

Thanks and Regards,
Krish
Quote
0 #130 RS SHUKLA 2016-05-09 11:37
I have purchased flat in palanhalli but no oc and cc area is bbmp approved please advice me how to get oc and cc from bbmp builder is not ready to give please help me in this regard.
Quote
0 #129 Krishna 2016-04-18 12:36
Hi Kotesh,

I have responded to your query in the following link:

http://www.indiarealestateforums.com/forum/bangalore/2882-khata-a-without-oc-and-cc#7984

Please feel free to post any further questions or comments in the above-mentioned link as I tend to respond to questions in the forum before responding to questions in the comments section or received via mail.

Thanks and Regards,
Krish
Quote
0 #128 Kotesh 2016-04-16 21:20
I bought a flat in BBMP area and after construction builder told OC and CC not possible get and he said he will get the Khata A. As per the promise we got the Khata A. Still OC and CC is require? and let me know the process how to apply.

Thanks in Advance

Thanks
Kotesh
Quote
-2 #127 Krishna 2016-04-10 09:08
Hi SK,

I have responded to your query in the following link:

http://www.indiarealestateforums.com/forum/chennai/2870-can-a-project-be-initiated-without-bbmp-arriva-app#7961

Please feel free to post any further questions or comments in the above-mentioned link as I tend to respond to questions in the forum before responding to questions in the comments section or received via mail.

Thanks and Regards,
Krish
Quote
0 #126 SK 2016-04-09 15:14
Hi Krish
I have booked a flat under a pre-launch scheme in Nov 15. The project was launched in Jun 15. Till date BBMP approval is not in place. The builder always provide standard response that BBMP approval will be obtained “by the end of this month” whenever we ask about the approval. The builder has mentioned that BBMP approval is not required for starting the construction and has sent the agreements for signing. Once the agreement is signed, payment will also start as it is linked to time and not construction stage. Can he do that? What is the recourse available? The project is located in Begur road.
Thanks in advance
SK
Quote
+1 #125 Krishna 2016-03-29 12:54
Hi Kumarabhi,

I have responded to your query in the following link:

http://www.indiarealestateforums.com/forum/bangalore/2851-real-estate-bill-helpful-completion-construction#7908

Please feel free to post any further questions or comments in the above-mentioned link as I tend to respond to questions in the forum before responding to questions in the comments section or received via mail.

Thanks and Regards,
Krish
Quote
0 #124 KumarAbhi 2016-03-28 22:09
Hi,
I have finalized a flat located in Kothnur post on Thanisandra main road. I have been speaking to the Builder and have been asking them to add a clause to the agreement to pay penalty if the completion had a delay from the schedule mentioned post the grace period. However, the builder disagrees to include this and assures the construction would complete by year end 2016.
My question is with the new Real estate bill, can I push my requirement and have the builder oblige to add this clause? Is the Bill already in effect? Does it have implications if the project commenced before the bill came into existence?

Regards,
Abhi
Quote

Add comment


Security code
Refresh

Want quick reply to your question? Post it to the Forum and get quick and prioritized reply! For questions on posting to forum, please read article on how to post a question in the forum.

Latest News

What is ROR (Record of Rights) and how can one obt...
15 Aug 2016 09:02 - Krishna

Right of Records (RoR) contains details regarding ownership of the property. It is an important docu [ ... ]

Big players to invest in Real Estate
28 Jul 2016 18:04 - Krishna

The Government of Tamil Nadu has invested Rs. 2847 crores through single window clearances without s [ ... ]

What happens if you and your spouse jointly own a ...
21 Jul 2016 18:25 - Krishna

It is very normal for most homeowners to buy a property along with their spouses. However, in case y [ ... ]

How to identify a real sale deed from a fake one
15 Jul 2016 05:38 - Krishna

The sale deed is a document that is executed by the seller of a property in faour of the buyer. The  [ ... ]

How to inherit property after death of owner
12 Jul 2016 04:57 - Krishna

Sufficient after death planning is required to ensure that your property reaches the right hand [ ... ]

Featured News

You can take five years to make use of interest ra...
04 Mar 2016 10:22 - Krishna

A home owner will be able to take tax exemption on home loan even if the house construction gets com [ ... ]

Procedure to obtain E Khata for a property allotte...
13 Oct 2014 03:53 - Krishna

E khata has become an important document for almost all new buyers. If existing home owners wis [ ... ]

Free Encumbrance certificate (EC) online for Tamil...
16 Jun 2014 04:01 - Vijay Viswanathan

In an effort to reduce corruption and increase transparency, the State Government has initiated a ne [ ... ]

Bangalore Khata- certificate and extract- Complete...
27 Dec 2013 18:49 - Krishna Krishnan Stamp Paper

 A Khata, in Hindi, means account. A Khata in terms of property stands for an account of a prop [ ... ]

Bangalore Occupancy Certificate: A complete guidel...
26 Dec 2013 00:36 - Krishna Krishnan

 A buyer can move into his/her new apartment only once the occupancy certificate (OC) has been  [ ... ]

Indian Real Estate Bubble 2014- will it burst?
17 Dec 2013 22:17 - Krishna Krishnan Houses

Since 2008, people have been concerned about the escalating property values. This year, the fear has [ ... ]

Panchayat approval vs DTCP vs CMDA approval of lan...
14 Dec 2013 06:05 - Vijay Viswanathan

The most commonly marketed plots in and around Chennai include Panchayat, CMDA and DTCP approved plo [ ... ]

CMDA FSI rules for buildings in Chennai
13 Dec 2013 21:03 - Krishna Krishnan Road

Due to the sheer number of construction and development projects being carried out simultaneously, o [ ... ]

Patta, Chitta and Adangal documents for Land- A co...
08 Dec 2013 04:19 - Krishna Krishnan

As soon as a buyer decides to purchase a land, one of the documents that the buyer first checks is t [ ... ]

Subscribe to News

Sign in with Facebook