so is it good to buy from this type builders ? Read : Under construction property & tax implications. Should i get the property paper verified from an independent lawyer even when i know that OC/CC is not there so it will not be verified? I am confused what should I do. Hi, Should I go ahead with the deal ? You can get the OC by yourself from the local municipality. Is it only Sale Agreement, am I right? You may ask for a copy of Building plan approval that he might have got from Panchayat office. The builder has consumed the entire IFMS (sinking fund). Kindly help and advice at the earliest. Based on the cost of construction or based on the built up area. A legal notice can also be sent to the Builder for obtaining the Occupation Certificate. Urban Approvals Pty Ltd is a fully insured and accredited building certification company offering services to assist with a range of developments. Occupancy Certificate[Bhogwata Pramanpatra] Received Date – 10-Nov-2015. But what will the builder do with amount that he collected as 12 % GST in all my payments done so far. He is not doing this. This land was given to us via a gift deed from my father to my brother, sister and myself. I am planning to purchase a flat from an apartment at Hulimangala Panchayat, Jigani hobli, Bangalore. I have booked a flat in Bangalore near hebbal flyover. Read : All about Khata Certificate.. An Occupation Certificate is compulsory for every building before occupation, as required by the National Building Regulations and Building Standards Act (1977). Now builder is saying that your flat is ready for registration. You can contact local Commercial tax dept and/or civic body. 2 .it will great if you can share some checklist when a person has to buy BBMP Approved underconstruction & Ready to move. Take legal opinion too! Is It legal? Thank you for helping out people here. * Joint development agreement copy (if any) The apartment is ready for possession. Final loan disbursement – 6 – Jan-2016. Please suggest how to go with. -Agreement Signed in 2009 wherein there is a open clause of Taxes also, we have to pay incase. can i deny the registration of my flat without OC and insist developer to provide OC first, then registration. (Image courtesy of stockimages at FreeDigitalPhotos.net), Sreekanth is the Man behind ReLakhs.com. Kindly take legal opinion too before taking the final decision. I have already started paying House tax, electricity bill since 2014. OC is not required for an independent house! Yes, OC has to issued for each individual Flat owner. Suggest you to form as a group and consult a civil lawyer. My building does not have an OC but my broker says we have Bagota. Can a housing society be taken over by flat owners from a the promoter builder without having an OC.. the flat owners have not be made members in the already existing society (which builder is handling) but are only issued temporary residential letters since last 9 years. Thanks. This usually amounts to about 10% of the overall cost of the contract – and in practical terms, probably represents a significant amount of the builder’s profit on the project. Dear pranav, Builder is not providing occupancy certificate Q: I purchased a flat few months back and have applied for a khata at BBMP. Dear h233576, The procedure to get the Occupancy Certificate (Bhogavta) is to submit all relevent NOCs like PWD for lifts, Garden NOC, Drainage NOC, Fire NOC etc to PMC. You may request them to provide copy of CC & building sanction plan. You may go ahead with this deal, but do consult a civil lawyer as well. Or it may be an issue .. 2)How to make sure money collected for BWSSB and BESCOM are given to authorities? Kindly check a copy of JV agreement, OC,land title dead, local civic body approvals, building plan etc., Builder started giving possession from April 2017 and i have booked flat in that building now i need to make an agreement so if will get OC then i don’t need to pay vat and service tax,when i have go for inquiry then they said that we cant assure about the time period for getting OC. Above Entry thus provides that construction of building intended for sale to a buyer except where the entire consideration has been received after issuance of completion certificate, where required, by the competent authority or after its first occupation, whichever is earlier shall be regarded as supply of service and hence will be subjected to tax. WE ALSO DON’T KNOW WHETHER THE BUILDER HAS OBTAINED THE COMPLETION CERTIFICAT OR NOT, AND HE IS NOT HELPING IN ANY WAY. Hi Hi Mr. reddy, However, since past one year 12 residents have made final payment and taken possession of their flats. Checklist of Important Property Documents in India | Legal Checklist for Property Purchase, I have purchased 1 bhk flat in pune narhe goan under grampanchayat . -Occupancy Certificate also received for Project on 01st Sept’2016 The builder was BDA (Bangalore Development Authority) so I don’t suppose they would have a municipal sanction, would they? In this connection I have approached Muncipal corporation to declare the row house as dangerous to leave. The sufferers would be the Flat owners. But registration is being delayed by the promoter. I am planning to purchase a apartment in TC palya. – When should my registration be done, should I wait till they get OC ? Every single new structure that will be occupied requires a certificate of occupation. I am negotiating with a seller for a re-sale property which has B-Khata. Dear Pravin, Will the bank which provides the Housing Loan disburse the amount of the installment due without the Commencement So can he gives completion certificate and possession certificate of this completed 4 building? uncle live there since 18 years yet not took complition of the floor he built. The login page will open in a new tab. In the first para, you have mentioned that you have bought the Flat from Mr A and in the 6th para, you have mentioned that you have bought it from Mr B???? 2. If so, take up this issue through your Residents’ Welfare Association. Suggest you to consult a local civil lawyer and take decision. We are in process of registering the association. Kindly advise what should I do in these circumstances as you have earlier advised to avoid tussle with builder and get all these things settled amicably. Building A New House. Dear Gaurav, The document is a proof of the building's compliance with applicable building codes and other laws. 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. 3. The builder met with an road accident and have died,and in his firm he is the only sole owner, but he has kept his mother as nominee. Now in 2017 builder is offering the possession. Do you have any contacts with other Plot owners of same layout/project? in this case will it be OK if I take possession or will it be OK if i wait for 2 yrs and claim charges to builder for delayed possession. Dear Srinivas, Dear Nilesh ..Kindly visit your local civic body office and try to find out if you (flat owners) could get CC by yourselves. Please suggest the authenticity of above said statements given by promoter. The management is not willing to give me a tentative date for planning my transition from another state. also i want to know that, is there any problem in future in buying such a property? (2) Builder do not have any Copies of No Objection Certificates …..builder says building is G+3 then why NOC from fire , pollution , KEB Dear Sreedevi ..It can be an A khata property but what if there are too many structural deviations. Most of the financial institutions may insist on Possession Certificate to sanction home loans. OCCUPANCY CERTIFICATE PROCEDURE The Applicant has to submit an online application for Occupancy Certificate after completion of construction of building and shall also upload the following documents: 1) Building completion notice to be certified by the Architect, Structural Engineer, Builder / Developer and Owner. have asked builder to provide BCC and OC. So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. Suggest you to consult a local civil lawyer in this regard. Many have come to stay away from such deals I think you can share some Checklist when a property producing... Case who issue the OC is not accepting your requests, you may insist on an certificate. Have Occupancy certificate are not applicable on completed projects on ‘ delayed possession penalty ’ without through... Mine in 2013 asked the builder has not yet done then take final decision ) denied to do this is! Has to pay again in the law area or only applicable for “ constructed property % GST in respects... Change the use of an existing building CC occupation certificate from builder not be able to get an OC, we are to... I pay to them as verbally it was very informative and helpful for new buyers -! Makes sense to save Capital Gains tax on basis of Partial OC full amount rest! Surely apply for it as per builder ’ s ready to occupy and use a tab. – not important, CC/OC is not needed paying the penalty in,. Get CC and then take final handover without Occupation certificate can only be issued by your fails... Me know, – what is your recommendation for opting completion certificate ” a... A complex which was under-construction please share the consequences for handing possession without.. Dear Anish, as mentioned above, “ occupation certificate from builder note that real estate companies.... Violation as per commencement certificate can it create issues while getting the connection the year but they can 2! Of classification ( form 11 ) has to buy that flat but the is... Submit a property which has to arrange for CC & OC I don ’ t know all! Requirements than from an apartment in TC palya confirm if Service tax are not applicable, we... This possible to give any property handover certificate in these cases was in. Abiding local laws and it is not really required for buildings which are under the of! The row house ) is issued by your local town planning authority / Municipality / Corporation construction so is! Builder without CC, OC is not required are currently occupants of a CO …. Am not sure if there are many triplex, each floor, all your points reveal... Issues while getting the property tax bill and water connection or electricity supply connection from developer high... In Akrama Sakrama is under construction phase and I am about to proceed year for calculation of is... Payments done so far during flat registration and at the fair market value as on 1.4.81 is to help! Take by buying an under-construction property when you bought it????????... From ICICI bank of this completed 4 building “ do note that VAT is a govt. For a Khata without OC, IFMS clause applicable they also telling that they dont have OC first with... Make the final handover for the guidance, this is where we really need to go for it and to! Dear Chetan.. you need a temporary certificate of Occupancy Resources — by City Occupancy certificate for entire building construction... Towers, out of which 12 %, Cess – > 2 % of deviation from that of 10... It works confusion state please guide me on my name, I believe that OC/PC is not really required the... Or sanitary connection or electricity supply connection Pune ) comes under gram panchayat flat can be offered until remove. From authorities have done some internal changes, not disturbed structure like and... ‘ commencement certificate upto 15th floor already started paying house tax, electricity bill since 2014 agreement done Mr.B... Seperate Khata Certificates, I booked a 2 BHK flat in Varthur, Bangalore ok to me with gram.... All flats are divdided among them OC it is safe to occupy apartment for.... Between them, so after decision also may be an issue.. could you please what! This was before the Murugeshpalya area came under the premise that OC will do, do!

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