When buying flat Is it obligatory to obtain Occupancy Certificate

Bangalore : Does your apartment/flat have an Occupancy Certificate? Why it is requisite? What can happen if your new flats don’t have an Occupation Certificate? What all the issues will emerge without OC? While purchasing the flats and apartments in Bangalore, many home buyers are concerned about A Khatha and B Khatha, they won’t bother whether the developer has attained a valid Completion Certificate / Occupancy Certificate or not, especially ready to move home buyers. Many buyers are not aware of the importance of OC. However, it is very important to verify OC while receiving the keys of your new flat as the absence may raise serious issues at different stages once you move in.

The Occupation Certificate is an important document to verify while buying a flat/apartment. This should be acquired by a builder; this document affirms that the building has confirmed with the approved plans. It means the absence of OC indicate that the apartment may not have been developed as per the approved plan.

Why it is requisite?

In Bangalore, The Valid Occupancy certificate is obligatory for every residential project which has more than five units. Suppose if you want to sell a property after 10 years, without a valid occupancy certificate/completion certificate you can’t do so.  This rule is not passed by law; usually people won’t purchase the property in the absence of occupancy certificate. Currently, devoid of certificate the buyers can’t apply for khatha. However, they can register the property. This is the reason why buyers ignore the certificate. When the buyers try to apply for Khatha in absence he/she ought to face the issues. This is a mandatory document for applying mortgage or loan to purchase a resale flat. Note that Khatha is must if the owner plans to buy a property in the future.

If you are acquiring an under construction property, before signing of agreement verify the Commencement Certificate. It is illicit to move on to flat without a substantial OC. Even when a few buyers know it, builders trap the purchasers and keep on building without getting OC. This comes under illegal construction as these certificates are the evidences for the fruition of construction according to the approved plan.  There is also a chance to cut the electricity, sanitary and water connection in the absence of OC.

What does the Law says?

The law clearly states that No buyer should buy an apartment/flat without verifying Occupancy certificate. On the off chance that the developer constructed the building without the document, the developer is legitimately abstained. In such cases, the authority may allow partial occupancy for different floors of a building. This occupancy certificate will be conceded by an authorized officer after the completion of construction as per the sanctioned plans.

What should the buyers do if there is no OC?

The law clearly stated that this will be the illegal undertaking. If you have purchased the apartment from a not very reliable builder, you need to issue a notice to request OC and to hand over the duplicate of the document within a stipulated time. If the developer does not respond, file a complaint via the consumer forum. It is safe to attain the document at the right time.

What should buyers do to shun getting cheated?

• Check the background of the builders and ask them to show the Occupant certificate of previous projects.
• Ask for duplicates of Encumbrance certificate, joint venture, land registration, any other receipts to make sure.
• Make sure that the area is approved by BDA, BMRDA and BBMP.
• If you have already booked the flat and performed agreement, don’t register the apartment without OC. Sometimes builders will show a self certification document done by an architect, don’t fall in pitfalls and wait for government certified approval document Occupancy certificate/completion certificate.

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