Why An Occupancy Certificate Is Necessary Before Investing In A Property

Occupancy certificate is accorded to the builder of a specific property by the local civic body once the construction is over and the compound is ready for inhabitation. The certificates states that the building constructed has all the approvals given from the various authorities, as occupying a property without these document would be considered to be illegal.

Without OC, civic amenity would be provided to the entire building on humanitarian grounds which mean that you would have to double the amount of water. More over unless and until the owner of the apartment who does not have an OC could resale the property at a great ease. Therefore the buyers need to demand the builders to provide them with a copy of certificates before moving ahead with the possession of the property.

Not just this without the occupancy certificate it becomes very difficult to get water and sanitary connection for your apartment. Banks and the financial institutions do not sanction the home loans for the flat and apartments, unless and until the required documents are issued by the concerned authorities. And in case the flats are occupied by the individuals without the occupation certificate, then BBMP has all the rights to evict them or can have heavy penalties levied on them.

The OC here satisfies and specifies for the different type of buildings for example the free standing buildings, the cluster building, the complex building, town house complex, and the last but not the least apartment or the commercial building. It is considered to be illegal to sell a property without providing the buyers the full set of approved plans, planning permission from the municipal council and OC. Having issuance with a huge delay serves as the warning bell, indicating that the property does have issues related.

However the buyers could not move away from their responsibility in order to do a proper check of the developer keeping a proper track record before the property is purchased or the amount is invested. The buyers also need to have a look whether the property is according to the sanctioned plan and the amenities are provided according to what is mentioned in the agreement, as the law states one could not enter the flat or the building without receiving any non-objection certificate.

In a recent case study of campa cola the conduct of builder needs to be noticed. The builder here knew it what the permissible construction as per the plans that were sanctioned by them, and yet he not just constructed the additional built up area on the floor but also adds on additional fifth floor on the building which is completely unauthorized and legally not accepted. The builder also thought that he could escape from the laws or twist its arm with some manipulation.

The laws permit various deviations that are made from a few sanctioned constructions and are being regularized by compounding, considering it to be a way of exception. Unfortunately such exceptions made fail and lapse within a specific period of time, with frequent exercise of the discretionary power conferred by such exceptions become a rule.

Documents required to obtain an OC Certificate are as follows:

1. Commencement certificate
2. Completion certificate
3. The Sanctioned plan copy
4. Images of the completed property
5. NOC from the fire force, Karnataka state pollution control board.
6. Tax assessment with tax paid receipt
7. An approved signed sheet of the floor area calculated by the architect.
8. In case of the rain harvesting and solar panels done then provide images.

Remember obtaining an occupational certificate is very important before you could move into the newly purchased house or an apartment.

About The author:

Ava Jacob is a real estate developer in bren imperia bangalore with more than 7 years of experience in large-scale real estate development involving construction of luxury apartments, raising capital, budgeting, financing, land entitlement and environmental compliance. She is a respected expert in the sale and acquisition of listed and confidentially offered luxury homes, estates, vineyards and wineries.