An Easy Guide to Understanding Occupancy Certificate
Jun 14, 2018 Home Trading Steps
An occupancy certificate (OC) is a necessary document that is issued by the local authority or the local government body when the construction of a project gets completed. It is mandatory and a prime responsibility of a builder or a developer to obtain this document as it is a proof that the project has been constructed and completed as per the relevant laws, regulations and applicable building codes. The certificate further certifies that the respective project is fit for occupancy. OC is required for applying various connections like water, electricity and sanitation.
It is an important document that the buyers must keep a track off while buying a new property as it ensures the legal status of the property that the buyer is buying. If a project does not have a valid OC then the local authority or the local municipal body has the right to initiate any legal action if required, as without the OC a project or a structure is considered to be an unfit or unauthorised structure for occupancy. Also while applying for a home loan or even buying a resale property, an OC is required.
It is an important document that the buyers must keep a track off while buying a new property as it ensures the legal status of the property that the buyer is buying. If a project does not have a valid OC then the local authority or the local municipal body has the right to initiate any legal action if required, as without the OC a project or a structure is considered to be an unfit or unauthorised structure for occupancy. Also while applying for a home loan or even buying a resale property, an OC is required.
How is an occupancy certificate obtained?
In order to obtain OC from the local authority, a developer needs to apply for an OC within 30 days of the project completion. As an owner also, one can apply for the OC from the local authority or municipality. If the project is built as per the building by-laws or the rules and regulation laid by the authority then the applicants will receive a copy of the OC within 30 days of the application. As a part of the application,
One needs to submit following document:
- Project completion certificate.
- Project commencement certificate.
- Copy of the building’s sanctioned plan.
- NOCs for fire and pollution.
- Latest property tax receipt.
The buyers’ rights as a property owner
If the developer hasn’t obtained the OC even after the completion of the project or the developer refuses to provide the OC to the buyer, then one can take legal action against the developer. The owner of the property can issue a legal notice asking the developer to provide the OC or one can even take the developer to the consumer court. The rules and laws stated by Legislations like the Real Estate (Regulation and Development) Act (RERA) are expected to decrease such negligence or fraud by the developers. Moreover, the owner of the property should be well aware of the crucial document that he or she must obtain from the developers like the OC, in order to avoid any problems or harassment in future.
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