The importance of Occupancy Certificate(OC)

The Importance of Occupancy Certificate (OC) in Real Estate

When a new project’s construction is complete, a local government organization or planning body issues an Occupancy Certificate. The certificate indicates that the project was constructed following all necessary building codes, rules, and laws. Once a new project is finished, a local government organization or planning authority issues an Occupancy Certificate.

So, what is an OC certificate? The Occupancy Certificate is the certificate that attests to or legal document that the project was built under the necessary building requirements, rules, and laws. The developer is in charge of securing an Occupancy Certificate after the project is complete. 

The certificate attests to the structure’s suitability for human occupancy. An Occupation Certificate from the builder is required when the government or other service providers request electrical, plumbing, or water service. For homeowners to confirm the legality of their property, an OC in real estate is necessary.

Documents needed to get the Occupancy Certificate:

A developer should submit a building Occupancy Certificate application as soon as the project is finished, ideally within 30 days. As a property owner, you can apply for OC from the neighborhood company or municipality. You will typically get a copy of the building Occupancy Certificate within 30 days after the application if the project has met all the requirements for approval.

 So, what documents are required for the OC application form?

You will need to send the following paperwork or legal document with your application:

  • Certificate of completion of the project.
  • Certificate of project completion.
  • NOCs for pollution and fire.
  • Most recent property tax and income tax invoice.
  • A replica of the approved building plan.
  • A floor area calculation sheet that an authorized architect has properly signed.
  • A picture of the building once construction is finished.
  • A replica of the approved building plan.
  • Images of solar panels and rain collection.
  • Combined tax assessment and most recent real estate tax receipt.

Rights of Buyer:

To confirm that the property is suitable for possession and to establish the ownership right, a home buyer needs to request the building Occupancy Certificate from the developer.

Additionally, the purchaser may register a complaint in the consumer forum and pay an application fee if the builder refuses to produce the occupancy certificate.

The builder should be served with a notice requesting that he deliver the OC certificate within a month.

RERA allows home buyers to file objections about Occupancy Certificates.

For RERA-registered projects, they can submit their complaints on the state’s official RERA website.

You may file a lawsuit against the developer if he refuses to offer an OC or if he still lacks one after the project is finished.

You can send him a legal notice requesting the OC and file a lawsuit in a consumer court. It is anticipated that laws like the Real Estate (Regulation and Development) Act (RERA) will greatly reduce incidents of negligence or fraud on the part of developers.

To protect your rights to your property, you must exercise caution as property owners or home buyers and ensure that important documents like the OC are in place.

Duration of Getting OC:

Ideally, a developer must submit a building Occupancy Certificate application within 30 days of the project’s completion. Property owners can request this paperwork from the local authorities or government departments. Within 30 days of the application date, an OC in real estate may be obtained if the project meets the eligibility requirements and there are no difficulties with the documentation presented.

You can also check the status. If a project is registered under the Act, its status can be viewed on the RERA web page for the relevant state. The RERA requires all builders to regularly update the project’s developments on the platform. If the information is outdated or unavailable on web portals, local government, local authorities, or civic organizations can confirm it.

Temporary Occupancy Certificate:

A temporary OC certificate for the building could be revoked. There is nothing like a “temporary Occupancy Certificate” in any rulebook of any authority. On the other hand, the phrase “half completion certificate” exists and attests to the builder’s ability to permit tower-wise completion.

 Buyers should know that a sanctioned plan has a five-year lifespan, best extended for two more years with a fine. A buyer who has already taken possession under a temporary OC must seek the builder for a permanent OC as soon as the project is finished.

Authorities involved in issuing the certificate:

A certifying authority is a reputable organization that receives permission from the controller to grant electronic signature certificates to e-commerce consumers. The controller of certifying authorities will be in charge of these authorities’ operations.

An Occupancy Certificate is an important document that attests to a building’s compliance with national building rules and that it is fit for habitation. It is given out by a municipal corporation or a development authority, respectively. Regarding getting an Occupancy Certificate in Mumbai, in Maharashtra, the Department of Urban Development only issues an Occupancy Certificate if the built-in structure is suitable for habitation.

Importance of Occupancy Certificate:

Why is the building Occupancy Certificate important? In most Indian cities, owners have been living in apartments without an occupancy permit. This carelessness could become an expensive error, endangering the legal standing of your ideal house. Therefore, it is impossible to exaggerate the significance of the Occupancy Certificate because it certifies your property’s legal status and safeguards your ownership rights.

An Occupancy Certificate is a document that the relevant civic body issues to attest to buildings constructed following approved plans and bylaws. Homeowners won’t be able to ensure the legal status of their property without an OC.

A building Occupancy Certificate is necessary when requesting a connection to the water supply, sewage system, or electricity. It complies with building regulations.

A valid OC certificate for the building is required when buying or selling a property.

One must present an OC as a requirement when applying for a mortgage loan.

People can obtain a certified copy of the deed using this document.

Difference between Occupancy Certificate (OC) and Completion Certificate (CC):

So, now let’s talk about what is OC and CC in the property.

An OC attests that the structure was built under the approved designs. On the other hand, a Completion Certificate (CC) is only given out if the structure satisfies other building requirements, such as distance from the road, building height, and rainwater collection system. The OC in real estate is required; a CC cannot legalize occupation independently.

After confirming that all conditions are met for a housing project to be habitable, the authorities issue a completion certificate (CC). Home buyers can only take possession of a project if a CC has been granted.

 On the other hand, an occupancy certificate, or OC, is a document attesting to the project’s compliance with all building codes and regulations. The builder can only apply for various utilities for a project once it has received an OC. 

Finally, the developer provides the buyer with a possession certificate as proof of ownership transfer. The date that the new buyer took ownership of the property is mentioned.

So, what is the difference between CC and OC?

Difference 1: An OC given by the authorities certifies that the project complies with all building codes and construction standards. However, CC is only given to a housing project after confirming that it satisfies all habitational conditions.

Difference 2: Although the possession is offered immediately after the CC is obtained, the builder must apply for utilities (such as electricity, power, water supply, etc.) after receiving the OC.

Conclusion:

It is typically good to request both OC and CC before purchasing a home. The buyer-seller agreement will specify the next steps if the developer cannot offer OC or CC. Even if the developer is delaying the release of OC/CC, you can demand rent throughout that time. Of course, complaining to the appropriate authority is always available.

However, the openness and responsibility of the builders have been guaranteed since the Real Estate (Regulation and Development) Act, 2016, was passed. In short, it is always advisable to double-check that all relevant approvals and important paperworks have been obtained. Better to prevent than to treat.

FAQs:

What happens if there is no Occupancy Certificate?

Without an OC certificate for building, occupying a property is illegal, and local authorities have the right to demand that you leave. In addition, you can experience difficulties obtaining a water, sanitary, or power supply connection.

Who issues the Occupancy Certificate?

The local municipal authority issues the Occupancy Certificate once the building’s construction is complete and it is ready for occupancy. Occupancy Certificate Mumbai, Maharashtra, the Department of Urban Development will only grant an Occupancy Certificate if the built structure is in good condition.

What if the builder does not give the Occupancy Certificate?

Because of the builders’ negligence in failing to secure the OC, many homebuyers must pay exorbitant taxes and energy costs. If they are denied the OC, flat buyers can still make a complaint with their state’s real estate regulatory authority under the Real Estate (Regulation and Development) Act, 2016.

How to check an Occupancy Certificate online?

If a project is registered under the Act, its status can be viewed on the RERA web page for the relevant state. The RERA requires all builders to regularly update the project’s developments on the platform. Local government or civic organizations can confirm if the information is outdated or unavailable on web portals.

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