The occupancy certificate is a legal document that shows that the building/house was constructed under the approved plan and local regulations. Read more about checking the occupancy certificate.
Check Occupancy Certificate: When purchasing a new house, an occupancy certificate is regarded as an important document since it guarantees that the property was built under the applicable rules. Let’s look at why an occupancy certificate is required these days.
A Habitation Certificate is a legal document issued by a government agency or local development authority stating that a completed property meets the national building code and is suitable for occupation (OC).Whether a buyer intends to utilise the property or sell it, an OC is essential for a real estate transaction.
What Is A House Occupation Certificate?
The occupancy certificate is a legal document that confirms that the building/house was built under the permitted plan and under local legislation. An occupancy licence can be got by both builders and homeowners. When this is lacking, it might be difficult to get necessities such as water and sanitary connections.
Importance Of Occupancy Certificate
- The OC is a vital legal document that allows the property’s safety. The OC acts as documentation that the building’s construction is complete and that all local norms and regulations have been followed.
- OC is required for verification when applying for house loans from banks and other financial institutions.
- If you do not have an OC, you cannot sell your house at a reasonable price.
- Without an occupancy certificate, the municipal corporation cannot offer services such as water, power, and sanitation.
- Without OC, the structure is likewise considered unlawful, and the local authorities may take legal action.
Note: While older structures may not have an occupancy certificate, all new projects must.
Who Is Eligible To Apply For An Occupancy Certificate?
It is the obligation of the developer to get the occupancy certificate and make it easily available to prospective homeowners.
- The following elements were evaluated in order to provide the Occupancy certificate:
- If the property is built under the law and the allowed plan
- Has the building been built under the building code?
- There are several basic requirements for a home, including drainage, electricity, and so on.
- If all of the clearances are got, including the NOC from the fire department,
How Can I Get An Occupancy Certificate?
It is the builder’s or developer’s responsibility to apply to OC with the local municipal development authority for the property. The certificate will be issued only once the inspection authority determines that the project was completed under the allowed construction plan and statutory criteria.
In other cases, the contractor might take partial OC and sell ownership. A building contractor, for example, may gain partial OCs of partially completed housing buildings and transfer ownership to flat owners with mixed-use construction projects. As a result, it is critical that the buyer receives the document in order to legally take possession of the property.
What Documentation Is Necessary To Receive An Occupancy Certificate?
- Builders should apply for building permits within thirty days of the completion of a project. Buildings with certain design deviations that have violated allowed building plans do not qualify for the OC. The following papers are necessary for getting an occupancy certificate:
- a copy of the approved building plan
- Copies of NOC documents were received from the pollution control board and the airport authorities.
- Certificate of Construction Commencement
- Property tax slips that have been updated or are recent
What Happens If You Occupy The Building Without A Certificate Of Occupancy?
- The erected structure may be ruled unlawful property.
- The legal authorities have the authority to remove the residents.
- The home is in risk of being demolished due to its illegal status.
- It will hamper loan approval and property sales.
- Water and electrical supplies were cut off without warning.
- Receiving a Khata certificate is a problem.
How Do I Check a Property’s Occupancy Certificate?
RERA requires all builders to publish the status of their projects on the RERA site regularly. If your property is registered under RERA, you may verify the occupancy certificate online at the corresponding state’s RERA web page.
If you cannot locate the OC on the RERA portal, you can contact the local authorities directly to get these data.
What Is A Certificate of Partial Occupancy?
The partial OC is most common in huge development plans when building is done in phases. In this situation, the developer is offered a partial OC for tower-wise building.
The fundamental advantage of partial OC is that it offers people access to essential utilities while still protecting purchasers’ legal property rights. However, facilities like swimming pools and fitness centres are not available under the access. Approval of housing financing and gaining the Katha certificate would also be difficult.
Difference Between Possession Certificate, Occupancy Certificate, & Completion Certificate
The three names may appear to be overlapping and confusing, but they are not. When a housing project is complete with all amenities, the authorities will issue a “completion certificate.When the authorities are satisfied that all regulations, laws, and by-laws were followed, the project will be given an ,”occupancy certificate.” A possession certificate is proof that ownership of the property has passed from the builder to the buyer. The builder gives a ‘possession certificate,’ which includes the date on which the buyer formally takes possession of the home.
Occupancy Certificate: Property Owner Protection
An occupancy certificate certifies a property’s fitness for possession. It assists you in ensuring that no unforeseen event occurs and that you are not provided a hazardous building to live in. As a buyer, you must be vigilant to avoid being fooled and to protect your rights to your property. If your builder refuses to provide you with an OC, you have the option of filing a complaint at the consumer’s forum. Within a month, he should get a legal notice requesting that he hand up the OC. If the project is RERA-registered, you and other buyers can collaborate to report to the RERA (Real Estate Regulation and development Act).
My Property Ownership Rights
If your builder refuses to supply you with an OC, you may utilise your legal rights as a property owner to enforce your rights. You can serve a notice on the builder demanding them to apply and deliver a copy of the OC within a month. If not, you can contact consumer forums for help in obtaining the paper.
Keep in mind that this is a vital document. You can apply for an occupancy certificate on your own, but you must understand how to verify the certificate’s status. This will allow you to keep track of the builder’s progress.
Conclusion:
Because many of us consider purchasing a home to be an important milestone in our life, we ensure that the relevant paperwork is available. A single mistake might risk your ownership and place you in a legal battle that would deplete your money and time. As a buyer, you ensure your builders are proceeding legally with the construction or sale by getting an occupancy certificate. It is preferable to take all necessary precautions before purchasing a product than to spend years repairing it.
An occupancy certificate is an important piece of real estate documentation. It contributes to the security of government/municipal services such as power and water delivery. You must keep alert to guarantee that the builder provides you with OC. If your builder cannot provide one, you can file a complaint with the RERA or the consumer forum. Vakilsearch provides significant and important information in the context of the same, so if you want to know more about this, connect with this platform.
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