OC or Occupancy certificate is extremely important for a New Flat/Apartment purchaser. But, sometimes it happens that home buyer, particularly with the New Flat owner is in a hurry to move in the new flat, once their construction is completed. At the same time, there are lots of builders who do not bother to obtain the OC (Occupancy Certificate) .
What is an OC?
If the construction is finished, it is extremely imperative for builders to get OC,The occupancy Certificate which is also known as Completion Certificate. Actually through this Certificate a special permission is approved that the building is completed and fit for Occupancy. The OC is obtained from planning authority which is extremely important in any type of building no matter it is commercial or residential. A purchaser only moves their new home if he or she had the OC.
Why OC is important?
OC is mandatory in Bengaluru (Bangalore) ; particularly if the residential complex is more than five units. As per Law, A flat owner can only move into an apartment if he has the OC. Actually the Occupancy Certificate can certify the fact that the total project is legally built.
The certificate is also needed when the purchaser applies for Khata. But Occupancy certificate is not needed for registration of a property when the purchase Plans for Registeration. As most of the purchaser or buyers have a tendency to ignore or overlook the Occupancy certificate,The Real fact is that the purchaser will face problems obtaining the Khata for the property without an OC.
If you are purchasing the property which is under construction, you have to check the CC before signing any agreement; CC is mainly known as Commencement Certificate, It is a very common fact that builders continue to construct the first and second floors in building without the CC, because they are confident in this matter that they can get it in future and this is totally illegal,has the tendency to create issues when they try to get an OC. It is mandatory to get the Commencement Certificate for a builder before starting any construction.
Obtaining an OC
Occupancy certificate is generally authorized from Bruhat Bengaluru Mahanagara Palike (BBMP). This is an important procedure which is processed if the builder or purchaser informs to Palike that their construction has been completed.
To get this important document, a builder has to file an application form within 30 days of completion of a construction and have to submit few other documents which are mentioned in the ‘Terms’. After that, BBMP authorities will inspect the construction if they confirm that it has been completed as per the rules of BBMP Approved Plan and hence the certificate can be issued. The commissioner who generally issues this certificate, replies within 30 days if the application has been accepted or not.
What if there is no OC?
If the flat owner does not have the OC, There are insistence’s where in BBMP can take Legal action against the flat owners. It is Always Advised to Seek an OC from the Builder however the facts are that due BBMP’s high Corruption rate recent news and research by leading News Papers reveal that only 97 Apartments in Bengaluru have Obtained a Genuine OC & the Rest of the Lacs of Building have never obtained any OC , Due to this facts and the percentage of NON-OC Building are close to 98% no Legal Action can be taken the Government has only action to give clean chit to already built Building & Apartments by verifying the Buildings Safety and Henceforth make a Stricter rule and have an Aggressive watch on the Illegal Constructions and Stop the Construction and Cancel the Approved plan with out seeking any bribe and help the citizens of Bengaluru.