Icici, BOB, BOI, HDFC and many bank have already issued loan on the same property. Is this possible to provide A Khata without OC. And it is approved by BBMP and they says land and flats are ‘A Khata’. In discussion with lawyer , Lawyer has below question for me & builder. Kindly advice. May be he is referring to OC/PC. Dear Saurabh, Few people already occupied it, and they got loans from HDFC & ICICI. You may consult a civil lawyer for more details on this issue. Thanks. We are already suffering due to the substandard work done by the builder both in the apartment construction and the interior works, which unfortunately we found out after moving in. Do you have separate Khata/Patta for each floor? I booked the flat in 2010 in NOIDA (UP) and as per agreement the possession shedule was in Oct. 2013. Suggest you to consult a local civil lawyer in this regard. Now flat is almost ready but buildings final work going on. Is it so…? 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. Else, you can request your builder to issue self-attested construction completion certificate on his letter-head/seal. As 15% is yet to pay like development charges ,possession etc…Shall I stop giving payment or keep a portion of it for safer side something like that..and say that I will pay the rest after OC..Is this possible I can do…this way.. or shall I pay the rest of amount..and then I asked for OC…as in this case I m worried he may give or may not give once he received all payments…? You may check with other flat owners (who have already occupied the flats). And Since court case is going on, builder has to pay house tax ? My builder is now asking to take possession and saying he will provide OC after 5-6 months or we can apply for it once society is formed. 75000 stamp duty + Rs. Dear Sir, And he is providing No Dues and Provisional possession letter in return. I purchased one flat from VBHC B’lore located in their Vaibhava project near Anekal. Few people have paid the full amount and occupied their flat. Checklist of Important Property Documents in India | Legal Checklist for Property Purchase, I want image or photo of occupancy certificate from corporation. Instead the electricity meter is in the name of Alpine viva. Dear Jagdish, I got the copy of CC that is given to builder by civic body. The Builder is not issuing OC. Kindly advise whether I should take letter of Possession without CC/OC or insist for CC/OC first. have asked builder to provide BCC and OC. He says event builder has not yet provided CC. So I request you to please suggest, what should I do..?? LAST YEAR CORPORATION TAX OF RS. 4500 per sq ft. Dear Kamlesh..My query was on the area? What should I tell the builder in case I am unable to get the load amount disbursed by the bank? As per the agreement I want to give them a grace period of 3 months due to natural calamities and my due date will be 30.06.2019 but the builder hand over my flat in August 2019. An occupation certificate is required from your local council or a private certifier if you intend to occupy or use a new building, or change the use of an existing building. Sir, My query is, should we have to pay VAT in this case of “ready to occupy flats / OC Received Flats”? I have purchased on flat in Orissa, bhubaneswar. Hello, All documents are ready except OC. I believe that OC/CC may not be mandatory in this case.. Can a builder apply for CC with just expired Building Plan ??? Dear Rajashree..Kindly consult a civil lawyer (as a group, with other society members).. Do I, Need to ask them about the commencement certificate in order to know whether they have proper approval for 10th floor (as this is high rise building bit couscous ) and is it mandatory to have a copy of that letter. Carpet area is less than 60 Sqm in Metro city (Ghaziabad is part of metro city as per definition) so logically the GST should be calculated @1% without ITC although Builder has the option to opt for either 5% with ITC or 1% without ITC, why builder opt for 5% with ITC and if builder opt for with ITC option, builder should pass on the ITC benefit to buyer. In the total apartment cost breakup, they are charging 11.2 % for Service Tax and VAT which I felt is too high. VAT is a state govt subject and ST is a central govt subject. Dear Gayathri, I have purchased a flat in Aluva, Kerala, India. Also the electricity connection to the project is temporary. Dear Ramesh ..May be the said Flat is not as per the building sanction plan. When we asked about the OC he said all their completed projects are using 60 -40 sites combining together or alone and they till date of their 25 yrs of experience did not issue any OC for their completed projects . Can you suggest a solution basically. We had received OC from the Builder, but as some flat are pending for sale the builder is not forming society and also charging high maintaince charges without any details being provided. Dear Sandeep, what do u suggest should we go ahead with the this flat or start looking some where else ? 'At the end of construction, the property owner must apply to the principal certifying authority for an occupation certificate. Anyway builder will say that he will get OC after completing all pending work which I won’t believe. Builder is having CC but he is not give OC, he is saying that he constructed Party hall & gym in last floor and balcony are extended little bit which are not as per approval plan. Dear Kartavya, Surprising to know that your builder is agreeing that all sorts of possible deviations have been committed while constructing the building. Dear Arjun..I couldn’t understand your query?? Built 2 duplex houses 1 above the other so in total 4 floors. After GST implementation i have purchased under construction independent house , do i need to pay GST? I have received the flat through inheritance. But he is saying that we have registered society & we make regular society audit, we have society account in bank etc; also saying that Some banks like IDBI, Bank of Mahrashtra, State bank of Patiyala has already sanctioned loan. Unfortunately anything is possible in our country. The OC is issued only once the building has been completed in all respects and can be occupied. If yes, please share the consequences that I need to face. Builder is forming society without giving possession letter. Did builder get Completion Certificate? 1 – Whatever plans i have seen they are all in Kannada only. Builder is saying that since booking check given date is 23rd June so i am liable to pay but my agreement date is 29th June. Dear Akhilesh ..It depends on the Terms & Conditions mentioned in your Sale of Agreement document. 1. 4 & 5 – These are very specific queries, suggest you to kindly consult a civil lawyer. Second option is also risky. Builder withholding compliance certificate Builder withholding compliance certificate. Hi Sreekanth, I am getting a flat without OC/CC. I believe that OC/PC is not mandatory for an independent house. Dear Mr Patel, Thanks in advance for your help. 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? After getting OC they will be applying for e-khata and then registration will take place and I shall get the flat. Hi Sreekanth, I just came across your blog and read this article. I believe they have done khata transfer. If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. Dear kartik ..I believe that both are one and same. I should have mentioned it as Property Tax Receipt. Dear Arun, So, all these days why was the land-owner silent, when the construction has been going on?? I have paid 60 Lakhs so far of which 12% which is 7.2L was calculated as GST. This article is very useful.thanks srikanth. He i yet to receive CC for 13 to 16 floors.But it kind of does not add up. They do not have an OC. Land is clear. To calculate the capital gains at the time of selling any property purchased before 1981, its purchase price is now calculated on the basis of the fair market value of 1981. Other flat owners too had not got the OC. Kindly find out if your builder has applied and received any CC from them. bbmp as not approved what should I do now…please gv advise…. But he is not agree to provide the same and in return giving us assurance that it is not important for Panchayet area and CC will not be issued by Zilla Parishad. In case, the land is a Converted one (Agri to Residential), you may ask for a copy of DC Conversion document. Suggest you to form as a group with other co-buyers and demand for OC & CC. If we bring Occupancy certificate requirement is mandatory at the end of building handover , Buyers are already paid huge percentage to builder and not much options to buyers as they may not hav so much knowledge . I have purchased property at Dum Dum Municipality of West Bengal. And when we consult for bank loan government banks will not give. Dear Nilesh ..Kindly visit your local civic body office and try to find out if you (flat owners) could get CC by yourselves. I have obtained housing loan for constructing Ground plus first floor from a bank and the loan amount is disbursed in stages according to the construction progress of the building. Dear Parwani, You may request them to provide copy of CC & building sanction plan. Did you receive any suggestions from your legal expert? Also, get a legal opinion on this property. If possible, check out with other owners as well. 3 – If the builder is not passing on the ITR benefit then this can be escalated or contested in court of law (GST). **0.5% Swachh Bharat Cess on the value of “taxable services”. I believe in the absence of OC builder can’t even raise the final demand for payment. * How to save Capital Gains Tax on Sale of Land / House Property? Hope this helps. Dear Akhilesh, You can find a better one. is there any problems in future that may face about this panchayat approved property ? Dear Jayakanthan, Has the Residents welfare society been formed? This has to be obtained from the local municipal authorities. What is the difference between Occupancy Certificate & Completion Certificate? As per sub-vention scheme builder were supposed to reimburse the interest portion of EMI paid by homebuyer to bank however in my case builder reimbursed only few EMI’s and rest are not yet paid so I would like to check whether builder can deduct this reimbursement from the cost of the property and then calculate the GST on balance amount although rate of GST also seems to be disputed as builder charged @12% however it should be 1%. Now the builder is taking a position that the Phase has been completed as the completion/ occupancy certificates of the towers were already obtained and the Phase should not come under the purview of West Bengal HIRA Act, 2017 ( eqivalent to RERA Act ). Thank you. So, VAT may vary from state to state. Requesting to share your mobile number for further queries. i think bandkaam poorn dhakila is ( completion certificate . No, I have not done the mutation of property. Thanks in advance. 1) Occupancy certificate is issued for the entire building and as such this will make all flats to have valid occupancy certificate. It is advisable to buy a property from a completed project, if affordable and meets your requirements than from an underconstruction one. 2) My understanding is we can get tax exemption only if we obtain Occupancy certificate or completion certificate which I believe is provided by Muncipal Authorities. The society is not yet formed , as the builder has not completed the entire project . If I enter in to sale agreement for sale of flat before getting o.c without advance amount and total amount will be paid after receipt of O.C ,and get it registered,is it necessary to pay GST? Yes, a Society can be formed without issuing Possession Letter. Unfortunately I was not aware of the documents to check before buying an apartment. Purchase a Land in 1992 and paying regular taxes in panchayat for that. Is it possible to give any Property handover certificate just like that? Hi Sreekanth, Ashiya, Dear Ashiya, May be the owner is of the opinion that SBI is a conservative lender and may not sanction you based on the plan Vs deviations. A legal notice can also be sent to the Builder for obtaining the Occupation Certificate. Can I go to Consumer Court for the refund of my money. They have told me that in Akrama Sakrama this issue will get resolved. he says he will get “part OC” meaning upto 12 floors. However contribution from other family members have been used to construct the property Also, do insist on obtaining Completion Certificate and Occupancy Certificate (Possession Certificate) from your builder or owner. if builder has not completed his project of 7 building. Big risk! Only if 8 ,9 floors and above OC is mandatory. Please advise us. The Plan is sanctioned by BMRDA. bodies. (Mr.A). Also, as the CC is already available do we need to still pay the Service Tax and VAT? Regarding OC, Akrama Sakrama is under High Court, so after decision also may be you have to pay some penalty for regularization. My mother had purchased an under construction flat in Navi Mumbai in 2011.The building was completed in 2014 but due to some reasons the builder was not providing CC and was delaying.98 % of total amount was already paid.Now in 2016 suddenly when we called the builder he said that he has recieved CC.He has sent us an Virtual Completion certificate which is issued by some architect and planner saying that the structural work of the building has been virtually completed and is in accordance with permission granted with structural design …..The builder is saying to pay balance remaining payment of 2 % .What is difference between Virtual Completion certificate and Completion certificate ?Also the certificate is from some private architect and not from municipality or civic body?What to do ? He said that the registry is available, home loan can be availed and everything seemed to be in order, however he said that building plan / floor plan is not approved and we generally don’t take these approvals. Also he is telling, Akrama Sakrama now is pending in High Court, and even if rule comes may be the owner need to pay fine for regularization and then you can get OC. Also it is clear that end user (you) have to bear the regularization expenses (penalty) when akrama/sakrama scheme comes up. -Agreement Signed in 2009 wherein there is a open clause of Taxes also, we have to pay incase. Dear Sunil.. What is PMRDA? This is to show that all requirements have been met and to safeguard the owner. Can you help me decide, which would be better way to proceed in above 3 cases, and also help me understand whether the GST that the builder is collecting from buyers is actually applicable only at the time of registration? One question -I have purchased 1 bhk of built up area 615 sq ft. but in agreement it is 39.57 sq m =426 sq ft built up area.I have done registration and HDFC home loan is also sanctioned.When asked about this difference he saying we have to show 20 to 25% less as per the government guidelines.Also he say we have offered same to all 1 bhk buyers.My property comes under gram panchayat. So that i can save time post OC is obtained. Wish to inquire that in case a project is handed over in phases, Partial OC’s will be issued to buyers, right? 2) from which year onwards this OC and CC documents are started. What is the timeline of issuing OC after initial request? Dear Royston..OC is required. What all document should I have to resale the flat, please advise. 3. Dear TANAJI, Am going to finalize a 2 bhk appartment from DS Max property in Gunjur palaya road, its a OC , CC project,they have obtained CC certificate, the cost comes around 36 lac, where there are few Land owner flats are available where they are offering with lesser cost compare to builder ( 32 lac ). I have query regarding Service Tax paid to builder while buying Flat in Pune. 56000 (Rs.50/- per square feet). I have booked an apartment two days back in Bangalore. Dear Sreenath ..Kindly ask him what are those reasons?? Another thing is in current scenario completion certificate from government body is not obtained still he is removing the taxation part from the deal, i.e’ service tax and vat on the basis of cc from architect. Is there any formula to calculate penalty on delayed application for “Completion Certificate” of a residential building? It is a standalone building with G+4 floors and 23 Flats. Hi Sreekanth, What the owner & agent tell me is that the building has a CC but they cannot find the blue-print of the building as the secretary has changed and no one knows where this document is. and not giving proper deadline dates for CC/OC. What is Occupancy Certificate or Possession certificate? The Certificate of Occupancy is a document that provides authorization from the local government for a building to be used as a public edifice or as a private residence. the 17 with tax rate in 2014. according to new rule the gst is 5per. and should I get it OC,CC for the same? Now around 200-300 families living. What is your recommendation for opting completion certificate from local authority? But the builder is telling that there is 15% deviation from the plan, so they cannot provide OC (Occupancy Certificate). A certificate of occupancy is a document issued by a local government agency or building department certifying a building's compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy. Suggest you to kindly take help of a local civil engineer and civil lawyer. Also in each floor approval is given for 1 unit but there are 2 flat units built. Dear Madan, The constructions have been completed in December 2014, however, the builder is yet to obtain OC. Hi Sreekanth, I have an apartment in Bangalore completed in 2013 end. Failing which he has threatened an interest. Ask to see the home builders current registration certificate. Now, he is denied to pay any maintenance bill from maintenance funds/ from his pocket. Hey, I have bought flat in area which comes under grampanchayat in Riagad district near Thane, Maharashtra. Kindly visit this link for more details. But Flats Khata is B abstract and they are paying the tax till now. Tenants can begin moving into the property when it receives a temporary CO. Please inform. The Builder says that he has Land and individual flat A katha. I am planing to buy a same kind of Gram panchayat approval flat(1st Floor) appartment (Pragna Uptown) in electronic city . I have finalised a resale flat in Dombivali (Mumbai) area, property is constructed in 2011, but the current owner doesn’t have OC. May I know if all the owners of the Flats have Khatha done in their names? Thanks for the informative post Sreekanth. Some builders like these take the home buyers for granted. what all things I should be checking further and be careful about to proceed. Hi sreekanth, Has the welfare society been formed? Builder told me that only 32 flats are there in apartment and area is less then 1 acre , they didn’t get the OC at that time. 1 – Yes, they can.. We have booked and deal was finalized on 28/04/2017 and the date which he is going to reflect on cc is 29/04/2017, so are we suppose to pay the service tax and vat amount or our agreement value shall be adjusted to the total amount of deal fix in such a way that even we do not pay service tax and vat we shall have net amount equal to the deal.?? Failing which, you can also approach a consumer forum or can file a writ petition.