registration of flat without completion certificate

Can I go for compensation for the delay in handing over? Kindly share your views on this topic. 2. I think this building i which i plan to buy was part of a larger project which got shelved for whatever reasons.. My concern is that should i go ahead and buy the property though it does not have full OC and only partial OC as banks are giving loan on the same. There are 208 total villa in that project and the possession for many of those were in 2017. Running a business from home? 4. Mostly the Apartment has a higher % of deviation from that of the sanctioned building plan structure. Hi Sir/Madam:. Without an OC, it may be very difficult to obtain. Staying without oc is a offence even for builder as well as flat owner. b. Certificate of Occupancy or Completion Certificate is a document which is issued at the end of the construction, by a local government agency or planning authority. You cannot legally move into a building unless the developer/builder gets an occupancy certificate from the respective local administrative or civic bodies. Non availability of justice from Kerala High court ? We are currently occupants of a house built in 1989. THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. "There was a good system in place a decade ago. Dear Dr Shantam, We have also checked the BBMP ward office and they too say that oc, cc is not possible to get. among 7 building he has completed 4. =================================================, Popular methods of calculating Maintenance charges. 5.If the sale price is paid there is no restraint in taking possession of the flat. It will also be illegal under law if you take possession of the flat without building having OC. 3. I need to offset the expenses on house construction against the sale of pune plot. As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. A buyer will face problems obtaining Khata or any other related approvals without an OC. Be the first one to comment. This certificate is needed for an apartment or building to receive basic facilities such as electricity and water. Thanks!! The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate. I need more help regarding this so kindly email me if possible. sir, the flat completion certificate shows, whether the construction of the apartment has been done as per approved plan from the concern department. Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Property Lawyers at lawrato.com to address the specific facts and details. This document is also absolutely necessary when applying for water, sanitation and electricity connection. Or to verify that the CC and OC produced by builder is genuine. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of regularization. It has a proper A-Khata. With effective from Financial Year 2017-18, the base year for calculation of Indexation is going to be 2001. Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartmnt builders, by disconnecting power. The login page will open in a new tab. The local authorities issue a certificate for completion (CC) after the completion of the construction of a building. If builder delaying you can send a legal notice through an lawyer and file a complaint in district consumer forum and claim compensation under deficiency of service. 3. A completion certificate is a legal document which is given to housing projects once they have reached completion, following an approved building plan. Today government officials are looting the public . People are living in all of these buildings. LawRato.com and the LawRato Logo are registered trademarks of PAPA Consultancy Pvt. Dear Jeevan ..I am not very sure on this! Date of possession was in October 2016. Building (Scotland) Act 2003. Sir l have taken property in Virar in 2017 and after 3 year l got position with very difficultyand l have done loan also from bank now builder and bank both are not getting legal paper they are not helping me to sale the falt. Can Builders issue Partial Occupancy Certificate? Once a developer completes a project, it is issued an occupancy certificate by the local town planning authority. Hi Srikanth. Purchase a Land in 1992 and paying regular taxes in panchayat for that. How can I check why it is still pending? Builder had applied for OC in 2018 and it has not yet been issued. On 2001 Ive build a house there and I was at service in Delhi so concerning engineer didnt take the plan approved by panchayat. The local civic bodies may not issue Occupation Certificate in these cases. 4 & 5 These are very specific queries, suggest you to kindly consult a civil lawyer. BCC looks like as the one in the below image; (Pic courtesy :apartmentadda.com). But delivery of the flat will take atleast 6-8 months as they say because many works still pending. You may find it very difficult to find a buyer in case if you wish to sell your Flat in the future. Properties which do not haveOCwill never qualify for A-Kahata. In such a scenario, taking possession of the unit is alright, because it is being done on the order of the authorities concerned. q.Do I have legal right not to take possession till OC is obtained? A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. Related article : Understanding Tax Implications of Income from House / Property. I am planning to buy a 3BHK in Bangalore. We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. Kindly advise.. Dear Aniket, (Or) Have you booked a Flat which is under Construction? Once done you will be provided with a written analysis of the flat in the form of the . Get legal answers from lawyers. This could also impact obtaining the OC as well. So it is instead of 52 flats now it is 56 flats. I had bought a flat in noida extension , and builder has got the occupancy certificate from local authority. Thank you for this post that helps commoners like me to understand the legal requirements easily and you have also provided samples, which is really great. However to occupy your Flat, it is mandatory (under the Civic Laws) that the building must be granted OC, by BMRDA, else there is a penalty of 25000/- for occupying a Flat without OC. 3.Yes, you can include such clause in the sale deed. Even in cases where the developer declares that the project is non-compliant and OC will not be provided, it is critical for the buyer to know the extent of deviations committed in the project. In the project builder not provided any of the amenities as per their advertisement and can I file a case against the builder and claim compensation? Dear Anupam, 17.6.1986. Makaan.com shall not be liable in any manner (whether in law, contract, tort, by negligence, productsliability or otherwise) for any losses, injury or damage (whether direct or indirect, special, incidental orconsequential) suffered by such person as a result of anyone applying the information (or any othercontents) in these articles or making any investment decision on the basis of such information (or anysuch contents), or otherwise. Its quick, easy, and anonymous! Housing societies have the option of charging their maintenance charges in either per square feet or per flat basis. Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms. There are total 5 buildings in this project from which only 2 buildings have OC, rest 3 buildings OC is still awaited. However, under GST a single rate of 12% is applicable on under construction properties whereas no GST is applicable on completed or ready to sale properties only if the Completion Certificate (CC) has been issued. We do not have Oc, Cc. It is a standalone building with G+4 floors and 23 Flats. Check with the building plan sanctioning authority, via a RTI application. Dear Rahul, Possession certificate is a legal document that is produced by the seller of the property in the name of its new owner. If there is change in plans approved deny paying same if no prior permission is obtained for same. No completion certificate has obtained, then in such cases landowner will be liable to pay GST on such transfer. All views and/or recommendations are those of the concerned author personally and made purely for information purposes. You may have to face trouble in getting water connection or sanitary connection or electricity supply connection. Send a legal notice, review a legal document, etc. While trying to claim for LOHP, the corporate finance of my employer has asked me to produce a BCC or OC from the builder while the builder is not aware of any such things. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. Yes you can go for registration of flat without OC and CC of building. if there is no OC it means that the approval is not there.. Once the building is completed, you should demand theOC CCfrom thebuilder. Then there is no use of getting it registered also. 3 If the builder is not passing on the ITR benefit then this can be escalated or contested in court of law (GST). You should not end up buying an apartment on a floor that has not been approved! After getting the completion certificate, the homebuyer/ builder can obtain the occupancy certificate from the concerned authorities. In this case, I have wait for the Input tax credit(ITC) from the builder credited back to buyers, which may be a question mark. Registration of Sale Deed /Agreement to Sale, is in no way connected to CC /OC. 17.6.1986. Buying a property without completion certificate. Once the CC has been received, the builder also needs to obtain an occupation certificate (OC). Expenses after that have been basically on levelling the ground, wire fencing, then boundary wall, frequent travel from Delhi to Pune. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. I am purchasing a flat here whose OC is awaited however people are living in the society. But in the meanwhile, enquire about the CC & OC as well. All rights reserved. Check out the Building Commencement Certificate. Registration of Sale Deed /Agreement to Sale, is in no way connected to CC /OC. 1 [(1A) Notwithstanding anything contained in sub-section (1), where permission is granted to any person for erection of a building having more 512 Municipal Corporations 1977: KAR. 1. There are two common ways in which each housing society can decide the service charges for each member. All rights reserved. But it's not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Must-Know Facts About Possession Letter And Occupancy Certificate, Copies of no-objection certificates (NOCs) from pollution board or Airport Authority. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). If I wait for the completion/ occupancy certificate to be issued, there would not be any GST as its not in construction stage, but the registration fee would be charged at 6%. Let me know in case I can be of any further assistance to you. He has also checked with a couple of the office bearers of the Residents Welfare Association who confirmed the same. (2) No person shall occupy or permit to be occupied any such building, 1 [or part of the building]1 or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf; or (b) the Commissioner has failed for 2 [thirty]2 days after receipt of the notice of completion to intimate his refusal of the said permission. 1. I believe once builder will get the OC, IFMS clause applicable. A completion certificate is awarded to any housing projects after authorities concerned make physical visit to the site and check all the paperwork to ensure the housing projects has not flouted any applicable building bye-laws. You can refuse to take possession of flat before OC and CC from builder and builder cannot force you to take possession without completion certificate. How can the consumer know if the builder has all necessary certificates & approvals as he can lie to consumer very easily. Homeowners cannot move into a building until the builder has an occupancy certificate. The developer is responsible for obtaining the Occupancy Certificate and it is issued only once the building has been completed in all respects and is ready to be occupied. Dos and donts for housing societies for pets and stray dogs. Consumer complaints court is the best place for this. In case, you could find a better property, can look at that alternative. Here is the list of the documents that you need to check before purchasing a resale flat: Title Report - You should ideally conduct a Title Search at the Registrar's office in order to retrieve the chain of documents that reflect the history of the flat. Does BDA have any online information portal available for these kind of applications? Get expert legal advice from multiple lawyers within a few hours. Its quick, easy, and anonymous! See also: All about sale deed and agreement to sale. Thanks. What is the remedy please advice. No need to pay maintenance fees till you take possession legally. The total effective charges will be only 6% in this case as there is no GST. Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. * How to save Capital Gains Tax on Sale of Land / House Property? Now builder has issued a final demand letter however below are my queries and I need your valuable advice:-. As per the Act, each housing society must follow a combination of per sq ft and per flat for various heads. At the time of refund somehow builder negotiated rate again we retained our flat rather booked 3 bhk. The current owner does not have the OC from the then builder. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity. the 17 with tax rate in 2014. according to new rule the gst is 5per. This document, unlike . I am not sure about the time-line. 3. 5 Cubbon Pet, Bangalore. You are not liable to pay maintenance till you take possession of flat, 2) you should get sale deed registered at the earliest. I have applied for Possession certificate(PC) for a BDA allotted plot online through SAKALA and the status comes as APPROVED.How do I download the Possession Certificate(PC) online. He is an Independent Certified Financial Planner (CFP), engaged in blogging & property consultancy for the last 13 years through his firm ReLakhs Financial Services . Its old property approximately 15 years old. Builder is currently providing the possession of the flats without CC/OC and even asking the PDC for the registry of the property. Do you own a Flat in an Apartment / high rise building? Dear Mudassar, Send a legal notice, review a legal document, etc. It can also be made mandatory for getting water, sanitary and electrical connections. if your builder is not provide the copy of completion certificate then first of all you should send a legal notice to the builder and then file a petition against the builder before concerned consumer Forum or in permanent lok adalat or in RERA court for compensation for delay in possession. - Hence, for registration of property , OC is not mandatory . However with great difficulty we have managed to get B-khata and have latest tax paid receipts. In case new properties operate without completion certificates, residents are threatened to be evicted and the city engineering department will penalise the properties for not paying property tax. Inheriting assets after death of the owner. - Further,a property /buildingcannot be legally occupied , in the absence of OC , and possession Letter of builder is not sufficient. However contribution from other family members have been used to construct the property If you have taken loan from Bank then perhaps no. All substantial in size and no structural issued were noted, however some . Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector. Get legal answers from lawyers in 1 hour. 5. So can he gives completion certificate and possession certificate of this completed 4 building? What is the difference between Occupancy Certificate & Completion Certificate? Is Registration Of Property Without OC & CC Valid? The users should exercise due caution and/or seek independent advicebefore they make any decision or take any action on the basis of such information or other contents. It is a mandatory legal testimony to the fact that the builder has not violated any building rules and standards such as the floor area ratio limit, structural design, distance from road, quality of construction, distance from surrounding buildings, height of the building, number of floors and other criteria, along with an attested and approved building plan. The two popularmethods used to calculate maintenance chargesare: Flat Wise:Flat wise service charge module calculates sum or total maintenance charge to be incurred by the society and divides equally among all flat owners irrespective of the size of the flat. Thank you, 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. Renting properties without completion certificate. How to get OC and what is the procedure. This certifies that the building has complied with the approved plans. In my current tower there must be atleast more than 100 flats so logically builder should apportion this charge across all the flats rather assuming there is one flat only. These articles, the information therein and their other contents are for information purposes only. In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties. Living in a flat without occupancy certificate? One plot was registered in Pune on 30 April 1986 in the name of my wife Till Financial year 2016-17, the base year used to be FY 1981-82. It also states whether the project has been built according to the. Suggest you to also check with any local Civil Engineer or lawyer on this.. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate. Also in each floor approval is given for 1 unit but there are 2 flat units built. In short, the completion certificate guarantees that the building has not violated any rule in that locality. Could you please suggest: Encumbrance certificate 4. If you ever plan to sell your house and the occupancy certificate is unavailable, then the resale value will be far below the market rate! Currently my builder is considering 12% as GST, of the all part payments that Im paying them. Moving into a house without the occupancy certificate is illegal, and beware if your developer insists upon providing you with this critical legal document later! I have booked a 2 BHK flat in Raj Nagar Extension Ghaziabad in 2015 under sub vention scheme. It's quick, easy, and anonymous. 2. *Detailed drawings and specifications of all services, Signature of Construction Engineer on Record, Name in block letters: _____________________________, Name in block letters _________________________. "Why blame private builders? How to get Occupancy Certificate? A Possession Letter alone would not suffice for legal possession of the property, unless the OC has been obtained. if you want any further information or any other advice then contact me without any hesitation through administrator of this website, Connect with top Property lawyers for your specific legal issue, The information provided on LawRato.com is provided AS IS, subject to. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. OC or CC is essential before occupying or taking possession of flat. A Completion Certificate is received by the builder from the metropolitan authorities, upon completion of construction. Post your Queries in Questions & Answers Forum.. How to change address in "B" Khata in BBMP in case of a vacant plot (Bangalore, Karnataka)? Most of the errant builders may have good connections and they may easily escape through various loop holes in the law. Lawyers are available now to answer your questions. You may go ahead with this deal, but do consult a civil lawyer as well. I am confused couple you please help. Once the project is completed, the local authority inspects the premise on the basis of the building plan and awards the completion certificate, provided it is satisfied. Regulations in most states are not clear, but the model bye-laws of MOFA provide a simple solution. 4.RERA is not applicable for oldprojects. We explain its importance, for developers and buyers, Completion Certificate: All you Need to Know, A completion certificate contains all the details about the building, including the location, identification of the land, details about the developer/owner, the height of the building and the quality of materials used. This was before the Murugeshpalya area came under the purview of the BBMP. It indicates that the property is in a suitable condition for occupancy. Drag the builder to RERA after issuing him a legal notice. I believe they have done khata transfer. Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property. 1. Should I go ahead? elara's other major investors include saif partners, accel partners and RB Investments. It is your choice, if that is the case you should not asked any advice on this. My query is related to income tax return. This certificate validates the real estate project. Most nationalized banks do not approve loans to such resale properties which do not have occupancy certificate.
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