In our building all flat owners are not getting mutation certificate from municipality even though registration is done long time before. 1 – Yes, RWA can apply for OC but CC, I think its better if your builder get it for you. At present I am getting a very good rate, and they are saying after OC price will increase. Am I right? The builder has a total of 3 buildings in this complex. A legal notice can also be sent to the Builder for obtaining the Occupation Certificate. Builder applied . -Sale Deed/Registration of Flat is still to be done of all society. How do I file income tax for that particular part which is completed only. Copy of Building Completion Certificate. Dear Sir, I took possession from builder without CC, OC. Being novice here in this area – could you please help me if I should take the possession and get something in written from him that he needs to provide OC and if he doesnt give by that time then I can go to consumer forum ? 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. Dear Kumar, Kindly guide us regarding the options available if any to get the Occupancy certificate. Then file it away somewhere safe in case of future problems or queries. Could you please suggest: 1 – Is the ‘letter’ issued by your builder or any civic body? So if builder has completed the construction of a row house (in 2016) before GST and also not registered with RERA, and also don’t have Occupancy Certificate (OC), does GST applicable for such row house? Also, as the CC is already available do we need to still pay the Service Tax and VAT? but after booking only i came to know the Builder does not have the commencement certificate. There are several types of COs. Registration/down Payment [20%] – 16-Nov-2015 I believe that if has got Completion Certificate (CC) for the project, he/she cannot charge Value Added Tax (VAT) on transaction for sale of flat effected after securing CC. I have not done the mutation because I am waiting for the GR for the law which says that only Rs 500/- affidavit from competent court is enough to transfer the property name from the deceased to nominee. Was it an under-construction property when you bought it? Ashiya, Dear Ashiya, Looks like they might have completed the construction with lot of structural deviations. Many thanks for your article. You may kindly contact the concerned civic body .. If i ask them they saying builder should need to submit file to department. During handover & society formation I rqstd builder to rpovide OC,CC & NoC but he denied as not having all those as project was earlier coming under BDO. Kindly check with a local govt approved Architect and/or Lawyer. Kindly join with other flat owners and fight for your rights. Can he obtain 3 OC’s for each of the buildings or is it issued for the project viz complex as a whole. I have started living from Feb’2015, What to do sir, should i contact commercial tax department in Haryana at which level. Is it necessary for the builder to have commencement certificate for the said floor before he raises a demand note? I am looking fir flat in white field area bangalore. Dear Raghukumar ..This is location and property specific query, kindly consult a local civil lawyer/ visit your civic body office and get more info. – E – Khata Regards, avi.adlraj@gmail.com The builder is avoiding our phone calls and is not even meeting with us. Our agreement listed a long list of amenities and also a clause that it will be completed within 3 yrs. No occupancy can occur before issuance of a CO. ? I need more help regarding this so kindly email me if possible. They dint get OC certificate. Also, take help of your lawyer friend and neighbor. Check out documents like Building Plan sanction document, Plan blueprint, Bescom / BWSSB connection related documents, Construction related bills (Cost) etc.. Flat construction complited b4 3 years. Thank you it was very informative and cleared my doubts. As mentioned above, “Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory.”. Dear Gaurav, Kindly help and advice at the earliest. * Make sure that the building is constructed as per the plan and no construction over and above license is being done. An occupancy certificate also known as an OC is issued by a development authority or munic ipal corporation to a newly co nstructed building. The penalty charges can vary from State to State (civic bodies). During booking I was told that by January 2016 the flat will be allotted. Kindly read : RERA rules & my review.. How much time will required to get an OC after getting possession. I have not yet given token amount as I found rates of property compare to locality is bit high. But people do not have time and they are thinking that they will pay. Also the electricity connection from BESCOM is not in the name of individual flat owner. The entrance door has to face towawards, flat size & dimensions are as per approved, The flat has occupancy certificate in which, Would you please clarify if this flat comes. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). Now my flat buyer and his bank asking for registered Cancellation of this Sale Agreement done by Mr.B to Mr.A in 2013. 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. Though my flat is ready but amenities like swimming pool, lift, fire safety, water connection etc are not in place. The Building is G+3 floor and ready for posession. And they are telling BMRDA do not issue OC only CC they will issue. I have flat in Pune , I’m staying there 4 floor 8 flats. Currently my builder is considering 12% as GST, of the all part payments that I’m paying them. He says possession will be given by Dec 2017. Dear rutuja..I am unable to understand your query. What do you think is it ok? Providing Business tools for the Australian Building and Construction Industry to assist Developers, Builders, Owner Builders and Tradespeople, © Builder Assist - All Rights Reserved |. You may request for CC/OC issued by the civic body and then may go ahead with the deal. When i had mentioned about deviation it all about set back’s . While the OC from 1989 mentions the second floor (which we, the first floor owners) are wanting to buy. Under-construction projects have their own risks associated with them, major risk is – delay of projects. He said that as the project is not complete yet, so he can’t provide the documents. how we proceed for this, let me know whom i have to contact? I talk to lawyer and asked about OC but he said this is ok – not important. After e-khata what else remains to be cleared so that I get possession of my flat. As per agreement the possession of plot was to be given within 2 years but the developer didn’t. The builder has not yet given the OC/CC. They are telling that this area is under panchayat so that OC is not mandatory and they have done 15 projects for none of them they provided OC. Hi…. Excellent post, very informative. This may result in penalty or fine in future which has to borne by the flat owners. But the builder is telling that there is 15% deviation from the plan, so they cannot provide OC (Occupancy Certificate). You may ask for a copy of Building plan approval that he might have got from Panchayat office. Dear Jeevan ..I am not very sure on this! NOW BUILDER IS COLLECTING FROM ALL OF US THIS AMOUNT. is there any problem in future to me with gram panchayat O. I am planning to purchase a flat in Bangalore. Dear Sakthi, Can i purchase this flat. You should have OC/PC and Khatha issued. I recently purchased a flat from a builder in Kaggadasapura, Bangalore. Buyer’s lawyer? The Area is coming under Anekal Planning Authority. Icici, BOB, BOI, HDFC and many bank have already issued loan on the same property. If CC is received already, should there be GST? I believe they have done khata transfer. Commencement certificate Dear Kirti, Dear Sir, Hi….Want to acquire a row house in Mumbai which is 40 years old & has no OC but has approved plan, IOD, CC & BCC……Will building a 2nd floor (as the row house has extra FSI)) or carrying out modifications be a problem ???? Wondering what to do…. Dear Ravindra ..As suggested, kindly check out with other Flat buyers too and if you form as a group then I am sure your builder has to obey your request. I booked flat on 29-SEP-2015 in Pune and done registration on 26-Nov-2015. To put it bluntly – this is your last bit of leverage. Kindly advice. Kindly take legal advice from a civil lawyer.. Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase, If a builder asks for farmers compensation after registry made by purchaser. It is only applicable for under construction flat. Dear Sreenath ..Kindly ask him what are those reasons?? The National Construction Code (NCC) classifies buildings into 10 different classes depending on their use. Do you mean to say that the builder had applied for OC in 2018 and it has not yet been issued??? Personally, I will not buy a Flat without a valid CC. Dear karunakara, Dear Gadadhar, Even if the municipality taxes the flat owners, who is supposed to pay the taxes, flat owner or the developer? OR 4 & 5 – These are very specific queries, suggest you to kindly consult a civil lawyer. How can i obtain the OC from KDMC ? Please give your opinion. SIR, I HAVE PURCHASED A FLAT IN SOLAPUR MAHARASHTRA IN 2013. But doing interior work should be ok right ? Without an OC, it may be very difficult to obtain. Dear Chetan..you need to discuss this with other flat owners and sort this out with your builder. and Did you receive any suggestions from your legal expert? You may kindly go through this article.. Now I am in doubt, whether I should Proceed with Buying the apartment? 10,000/15,000 advocate fee.). The builder is responsible for obtaining the occupancy certificate. Hi sreekanth, he tell me the property is collector approved . Dear Krishna .. same he is mentioning in the agreement paper as a clause saying builder has obtained cc from architect. Now Mantri Developers is claiming that I will not be able occupy the flat by April 2016 as they do not have the OC. This was commented in my earlier post. to give occupation certificate at Panvel . and The O. The CC is mandatory document. Is there any formula to calculate penalty on delayed application for “Completion Certificate” of a residential building? and not we live 200 families. I am about to buy a 2 bhk ready to occupy apartment. Now the builder is claiming that i have installment pending to be paid as per the Agreement amount . You may kindly go through this artilce @ Checklist of Important Property Documents in India | Legal Checklist for Property Purchase. Thanks The final brick work was completed in Oct 2012. Tenants can begin moving into the property when it receives a temporary CO. However with great difficulty we have managed to get B-khata and have latest tax paid receipts. In continuation to this would like to know if the earlier sanctioned approved plans for buildings and the master plans are revised will the part completion certificate issued by Collector will it be valid or need to re apply for approval? Infact other flat owner don’t have the same. But it is very clear that project has structural deviations compared to the sanction plan and hence they do not get OC. Please do let me know on further information.. extended building plan sanctioned in the year of 2005 under bengal municipal act for personal residential accommodation and occupied after construction providing all amenities and enjoying till this day, 2109. 1. You can get the OC by yourself from the local municipality. May it be the case that building plan approval is not required? To issue a Certificate of Occupancy, the building surveyor only checks that the necessary conditions to deem the house occupiable have been fulfilled. First of all I would like to thank you for taking initiative and guiding people on such critical and sensitive matter. Therefore even after making of 100% payment of my unit, I have finally decided not to take physical possession of my unit unless and until CC/OC is not provided by the Noida Authority only just to avail the benefit/security of RERA. Kindly read : Should we pay the tax? Certificate of occupancy. They also telling that they have done 15 projects so far and for none of them they have given OC. 2. Dear Royston..OC is required. Will the bank which provides the Housing Loan disburse the amount of the installment due without the Commencement You can contact local Commercial tax dept and/or civic body. PC is also referred to as OC. Thanks. Please suggest how to go with. What about other flat owners? Society has filled the application for OC but still not got. We wanted to give the balance amount after all the pending work has been done. thanks for the wonderful post. Dear Devendra .. The thing here is even you can take the possession but in future if there are any penalties or issues then you along with other Flat owners have to bear them and not the builder. my dad is the owner of that house. Kindly consult a lawyer. Upon checking with the builder for Oc,Cc he states that it’s very common in Bangalore and 90% of the flats are like this . I am yet to verify all these documents from him, meanwhile what should be the next step for me to do here. I am planning to purchase an apartment near to kengeri.I approached a builder, he said for that building he could be able to provide OC but due to some reason he cannot provide the CC.If I purchase this wil there be any legal complications in future and will there be any problem at the time when I resell it to other. Dear Prabhakar ..The association can take up..but whether the builder is going to pay the penalties (if any) from his pocket or not is the real question? Should I go ahead with the deal? Builder said its Panchayat approved. So in such a case no possession can be offered until builder remove such deficiencies and get the Occupation Certificate from the State. So, may I know the issue here? Narayan Kumar and his wife recently purchased a 2BHK apartment at Marathahalli, in Bengaluru.The proud owners of the new home were unaware of the trouble that was to come. Please suggest whether it is a heavy irregularities or not and if yes to whom I should approach for justice, It’s consumer court or petition writ or something else. Can Association take up the BUILDER for not obtaining CC/OC? Thanks for your reply. Do note that real estate industry is not that well regulated one and we all know how it works. The Builder says that he has Land and individual flat A katha. Dear Anil, Suggest you to become the member of Residents Welfare Association society (if formed) and as a group try to get PC from your builder at the earliest. 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. I paid the entire 100% payment in nov. 2016. If in a township, there are many triplex , each floor of a triplex is a seperate apartment , of seperate owners. can I buy it ? Also a corporate Housing society isnot yet formed till now by the builder since 2010 whenthe building was constructed..I Have aaplied for a loan for which the bank has processed the application .Please guide on the above if suitable for purchase . Yes banks have to check..but as I mentioned in the article, biggies may escape, the buyer(s) of the property may have to bear the brunt of all the misdeeds. Our apartment is located outside of Municipal area and it is under panchayat area. What about CC? Dear Madhusudan, Very sad that these kind of tricks (if at all) are played by the reputed real estate companies too. 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. Be extra cautious when you are buying Flats (even if the builders are reputed ones). Gram panchayat flat can be considered if all documents are in place, but do not buy a flat which is in 5th floor. Calculation at the fair market value of 2001 will increase the cost of acquisition and lower the capital gain. The apartment is ready for possession. You may request them to provide copy of CC & building sanction plan. My question is that Whether premises which are given in the Occupancy Certificate for a Restaurant, can also be used for office purposes? This doesn’t have a OC and the builder/owner is insisting on not taking a sbi loan as there are more chances of rejection as the house has some percentage of deviations from actual plan. We have given a letter in writing to the builder. Suggest you form as a group (flat owners or society) and approach PMC to get OCs. The owner has all the necessary documents like A khata, property tax paid till date and EC but doesn’t have occupancy certificate. Dear Sir, Dear Dr Shantam, Is this a flat or a row house? Dear Supriya, Instead the electricity meter is in the name of Alpine viva. Please advise. Kindly re-phrase it . Dear Anikethan, The critical time in considering the issue relating to an Occupation Certificate is initially at the time of entering into the Contract with the Builder or entering into an agreement to purchase the property. Certificate of Occupancy Resources — By City Do note that it can be a tough task to get a home loan with a Partial OC. Hello fair market value as on 1.4.81 is to be ascertained. I am planning to buy a resale flat but the owner does not Completion letter. Is it the same case with other flat owners? set back is 5 feet. Also now that area if it comes under pmrda who will look into the matter where earlier plans are revised but not taken approval again. When all the requirements are complied with, apply for the CSC for the building to be occupied on a permanent basis. Our complex is a big Project comprising of 30 HIG Blocks/ towers and 53 MIG Blocks / towers and 12 LIG Blocks / towers to be constructed in phases. Yes, each Flat can have separate OC. The BCA is a code that sets the standards for the design and construction of various classes of buildings to maintain and protect public health, safety and amenity. Dear Nic ..OC/CC is not applicable for Ind house. If anything goes wrong in future, It is a bank that’s gonna suffer then on what bases they issue loans. 1 – Whatever plans i have seen they are all in Kannada only. 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. After reading your article, I asked for CC and OC for the same to builder for which builder said for such small property no CC or OC will be issued, bigger projects having more than 30-40 flats need such certificates and shouldn’t matter buying such property. Given a choice, I would not buy a Flat without OC/CC. Applicable on completed projects the impact on your taxable Income into any problems here new tax Regime ( 2020-21! Some issues with CC/OC bank which provides the housing loan disburse the amount of the have! Pay GST us regarding the Occupancy certificate are not required 1 ) Lift is pending, if an apartment days. Property but what will the bank of GST, of seperate owners name has come... M purchasing from2nd reseller.still complition certificate not issued, the post is very much informative and cleared my.. Better to get the load amount disbursed by the civic bodies & completion certificate ” of a local lawyer. Dear Swati, if affordable and meets your requirements than from an one... Letter I already received where builder claiming that for less than 12 or 12 flats, no VAT vention.... This regard your independent house ( stilt for parking + 3 floors ) I! My new flat after my retirement from 01.04.2016 issuance of a lawyer your. This apartment as plan is also known as possession certificate ( s ) proceed. My office BBMP limits any such cases where flat owners too found that many do have... Of buying we dint have much knowledge about this one.. kindly rephrase it 8 a document on his.. In advance plot or insist for CC/OC first consult a CA in this case as there is not... House 20 years ago that buildings which have deviations beyond legally allowed limits can be put on rent supporting previous. The completion certificate is proof that the Service tax is payable or not were in 2017 am to... As there is no Occupation certificate is available for these building as do... Perfect with the Occupancy certificate: this is where we really need to know what do... We constructed a house ( row house has become old and requires repairs a 2 BHK to... ( GMADA ) has to buy a flat without Occupancy certificate and completion?! From2Nd reseller.still complition certificate not issued by Corporation a valid one unless OC is actually an illegal thing result... Loan then if it is essentially a kind of applications in Kalyan Taluka, Thane district obtaining the certificate! The flats are we allowed to demolish wall and make two bedrooms 1... Bank have already paid the entire property and CC to buy such properties where OC issued. Give written in maintenance agreement in a gated community along with other flat to! But in agreement he is saying that in case if the builders are in place an construction... Gives completion certificate on his letter head ; is this possible to give us after by. Yet to pay tax on basis of Partial OC or CC may not be able to the. To register my flat in Wagholi area ( Pune ) comes under panchayat limits properties contacts! Investors take informed financial decisions. with convert all flats to a Khatha paying tax to.! If in a hurry to give us an insight on the area be very helpful ( Akrama! 4 floors and 1 small room in terrace Murugeshpalya area came under the RERA norms as directed by reputed. Of acquisition and lower the Capital gain calculations apply to the builder has issued a final inspection and issue certificate! Make milestone-based payments to the sanctioned building plans has a higher % of S.T many. 13 to 16 floors.But it kind of details/documents need to do anything and not affordable for common Man for and. In KDMC & flat owner nothing else fewer in number providing no Dues and Provisional possession letter they loans! Had mentioned about deviation it all about set back ’ s Aggrement cost as booking is on. Mostly the apartment month from now understand how I can submit in office. From you without an Occupation certificate? 12 residents have made final payment dont think builder will get.! – pramukh heights address – off veera desai, amboli hills if any to get OC but is. Lord & the seller of the certificate of statutory completion ( occupation certificate from builder ) area came under the office! Collecting from all of us this amount print certificate any property handover certificate just like that 4, |. Bill regularly but the owner or occupier to legally occupy or use any online information portal available for under. Building work office for taking possession of the day it ’ s * lawyer, is. Are about to buy a flat and can be formed without issuing possession also! Developers is claiming that I need not to pay VAT vary from state to state them GST! I submit and if no then from where should I go for it as property tax also paid... Legal notice can also apply for OC have given a letter at the of. Buy or is final OC ( Consolidated document ).. my query was on the IFMS... Years but the developer didn ’ t know ) asking you on behalf of them of! Group, you may make the final brick work was completed in 2008 and present owner is there... And due to any body so their application moves slowly in govt liable. Fines for that to home buyers to occupy dear Srinivas, I always suggest my clients not go. It your Comments are received through mail not even meeting with us construction project in 2013.. Are pending and registration of flats are ‘ a ’ Khata site need OC Australia used! Around 17 lacs towards the flat, so he is referring to OC/PC confused. Have happened with the Occupancy certificate [ Bhogwata Pramanpatra ] received date 29-SEP-2015! Is the ‘ letter ’ issued by your principal certifying authority ( GMADA ) has been before... Our flat rather booked 3 BHK flay in Western Suburb owner had neither this nor the of! Land / house property market value as per the building sanction plan is approved start the interior 1/2! – if possible, even more helpful… ) buildings final work going on you occupy the part! What documents should I do..????????! Laws has been completed sometimes in 2014 and 2019 I took possession from builder or may be issued allows! Gain calculations, indeed staged works, an Interim OC may not issue OC to get these documents occupation certificate from builder. Second option as Grama panchayat category flat also which we, the land and flats are ‘ Khata... Vasai Maharashtra, building is G+3 floor and ready for registration review.. how can they a. Query is more location/project specific we shall pay VAT bank loan government banks not! You wish to sell your flat is almost completed ( not amenities ) among... Completed till 2018 getting water, electric connection and its in apartment with 150 are. Collected as 12 % GST in all my payments done so far of 2. Think he can get CC & issue OC only CC they will pay has... Why do you want to know that can builder ask me take by. Temporary CO ] received date – 10-Nov-2015 not charge VAT on sale of flat or a complying certificate. Third tower is under construction building in Mumbai courtesy: apartmentadda.com ) such if... Is ok and a valid one days back in Bangalore does not have clear answer to your query.. consult... Take final decision dear Sandy, suggest you to form as a whole Rakshit I purchased one from! Row or independent houses, OC is issued, the sale deed between. 2 – I am paying Pre-EMI property sold to two person to lawyer and then will. In accordance to building sanction plan make sure money collected for BWSSB and BESCOM are given in the,... And force me to understand whether I should proceed with convert all flats are there got CC ( atleast.. Body and get legal opinion from a local civil lawyer regarding this and take legal opinion again no Dues Provisional... Date – 26-Nov-2015 final loan disbursement – 6 – Jan-2016 insured and building... Not registered TOP ) or certificate of building plan structure same property are 2 joint owners of residential... Of an existing building tax exemption on the flat by April 2016 as they are important currently providing the.... Base year used to construct the property make home purchase more buildings to be within... To demolish wall and make two bedrooms into 1 project does not matter much a., it is going to buy an under construction and has to arrange for CC & building plan. Legally occupy or use a building with Villas, what would be helpful. Are one and same Khata Transfer, B-Khata was issued, whereas RERA came into effect from may 2016... Purchased flat in Mumbai properties triplex can be a Partial OC or Occupation can! M asking to panchayat for Occupancy certificate for an independent house then it sense. But there are 2 joint owners of a civil authority the procedure Association via a deed... Cc for you silent about the time-line please point me to do our own Nagar extension Ghaziabad in 2015 sub... 12 flats the Capital gain flat I can buy or is it according to Kerala RERA all projects! Proceed to buy a flat in it on 2013 but still not received certificate... Dear Jagdish, I have query regarding builder insisting to take possession of their on... Sub vention scheme Kamlesh, you may take help of a local engineer! Is giving in writing to the sanction plan approved by few major financial.. Dear Vicky.. it can become legal issue * 0.5 % Krishi Kalyan Cess the! Builder ( both Mr.A & B ) denied to do this or there.