Occupancy Certificate & Why is it Necessary?
Newest information on occupancy certificates
Developers without a NOC may not have their occupancy certificates revoked by MCs.
May 2023: In a recent development, it was noted that a developer’s occupancy certificate cannot be revoked by a municipal corporation if the developer is unable to get a NOC. This choice was made following a dispute between Navi Mumbai Municipal Corporation and Mumbai developers. The City and Industrial Development Corporation (CIDCO), which is located in Maharashtra, is where one can receive the No Objection Certificate (NOC). The commencement certificate will likewise be subject to the same rule.
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The Bombay High Court also rule that a Commencement certificate or an occupancy certificate cannot be revoke under the provisions of Section 51 of the Maharashtra Regional Town Planning Act, 1966 (MRTP Act), despite a breach of the certificate—including, but not limit to, the failure to obtain a NOC or a letter from a government agency stating that no money is owed—or any other violation. Even if an authority decides it is appropriate to revoke the OC, they are unable to do so once the project has begun to be develop or build.
Occupancy Certificate
The occupancy certificate is viewed as a significant document when buying a new house since it ensures that the house was constructed in line with the relevant regulations. Let’s look at why obtaining an occupancy certificate is now required.
An occupancy certificate (OC) is a legal document that a government agency or local development authority issues to confirm that a built property complies with the national building code & is suitable for occupancy. OC is necessary for a property transaction regardless of how the buyer intends to use the space or if they want to sell it.
The following factors were examine in order to provide the occupancy certificate:
- If the building was built in accordance with the approve plan and the law
- Has the structure been build in accordance with the building code?
- If it has all the essential amenities, such as electricity and drainage.
- If all necessary approvals, such as the fire department’s NOC, are receive
How is an occupancy certificate obtain?
The builder or developer of the property must submit an application to OC together with the local municipal development authority. The inspection authority will only grant the certificate after being satisfy that the project was construct in accordance with the statutory requirements and the approve construction plan. However, in other circumstances, the contractor may accept only a portion of OC & sell ownership. For instance, a building contractor is permit to acquire partial OCs of partially finish housing complexes and transfer ownership to the owners of the flats in construction projects with mixed uses. The buyer must therefore acquire the papers in order for possession of the property to be legally establish.
What documentation is need to receive an occupancy certificate?
The Municipal Corporation shall receive an OC application from a builder no later than 30 days after the project is finish. Buildings that have disregarded approved building plans and have some design changes, however, are not eligible for the OC. The following set of documents is necessary to get an occupancy certificate:
- A replica of the authorised building plan
- Copies of NOC documents were obtain from the airport authorities and pollution board.
- A certificate authorizing the start of building
- Latest or updated property tax slips
- What happens if you inhabit the structure without a certificate of occupancy?
- The erect structure may be deem an illegal building.
- The residents may be remove at the legal authorities’ discretion.
- Due to its illegal status, the building may be demolishes.
- Loan approval and property sales will be restrict
- Water and electricity supplies are cut off without warning.
- The property will be subject to a fine, which will result in a rise in the amount owed in property taxes.
- Obtaining a Khata certificate is a problem.
Partial Occupancy Certificate: What Is It?
The partial OC is most prevalent in huge development plans where building is carry out in several stages. In this instance, the developer for tower-wise development is designate as the partial OC.
The key benefit of partial OC is that it ensures homeowners’ legal rights to the property and gives them full access to the essential services. The amenities, such as the gym and swimming pools, are not nevertheless available under the accessed. It will also be difficult to get the Katha certificate and have home financing approved.
Comparing the several types of certificates: occupancy, completion, & possession
The three terms may overlap and appear to be contradictory, yet they are actually extremely distinct from one another. When a housing project is complete with all amenities and is livable, the authorities will issue a “completion certificate.” When the authorities are certain that the construction comply with all regulations, laws, and by-laws, the project will be given its “occupancy certificate.” Contrarily, a possession certificate serves as proof that the property has been transfers from the builder to the purchaser. A “possession certificate,” which includes the date the buyer formally assumes ownership of the property, is issue by the builder.
| Completion certificate | Occupancy certificate | Possession certificate |
| Indicate whether the structure satisfies all conditions for becoming a livable space. | Indicates whether the building standards and bylaws are follow. | Indicates the time at which the buyer and the developer exchange ownership. |
| It is issue to the builder by authorities | issued to the builder by authorities | issued to the purchaser by the builder |
| After CC issuance, the building is offer for possession. | After OC, the builder can request services like power and water. | Issued within 30 days following the issuing of the OC and CC, and the buyer may move in. |
Property Owner Protection: Occupancy Certificate
An occupancy certificate certifies that a property is fit for occupancy. It helps you ensure that neither an unpleasant accident takes place nor that you are give an insecure structure to live in. In order to protect your ownership rights and against being taken advantage of, it is imperative that you exercise caution as a buyer. You can complain in the consumer forum if your builder won’t offer you an OC. He should receive a legal notification requesting the return of the OC within a month. If the project is registered with the RERA (Real Estate Regulation & Development Act), you can gather with other buyers and submit a report to the RERA.
Occupancy Certificate Conclusion:
An occupancy certificate is a crucial piece of real estate documentation. Government and municipal services like the supply of water and electricity are made more secure. You must be really watchful and make sure you get OC from the builder. In the event that your builder forgets or declines to provide one, you can file a complaint with the RERA or the consumer forum.
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