Occupancy Certificate

Occupancy Certificate    

(property advocates in Bangalore, property lawyers in Bangalore)

Occupancy Certificate is a very important document. It evidences the completion of the building as per the proved plan and compliance of local laws. Local bodies like city corporations / city municipalities issue occupancy certificates. Without the occupancy certificate, it is difficult to get the water and sanitary connection. Financial institutions insist on occupancy certificate to sanction loans. 

Problems with respect to issuance ofoccupancy certificate arise on account of violation of building laws which are increasing day by day. Though the people have spent their hard earned money on the project
with a dream of owning a house, they could not occupy the house for want of occupancy certificate. They have to suffer for none of their faults. Builders having good connections escape through variousloop holes in the law. Having invested precious money in such buildings and after waiting for many years to get an occupancy certificate, the purchasers occupy the houses lest they may lose the property. They prefer to occupy the flats without power, water and sewerage connections instead of losing the property.

In one of the cases the builder unable to obtain the occupancy certificate after a prolonged wait requested his purchasers and handed over the apartments without power, water and sewerage connections. He put the entire blame on revenue authorities and disappeared. The occupants have to find their own way.

Obtaining the approval of the plans has become just a casual affair and nobody will abide by that. It is just a document to be produced during inspection. During the boom time a builder constructed several houses and flats violating building rules and regulations. He deviated from the

Many purchasers having paid lakhs of rupees and performing house warming ceremonies continue to repay loan installments and live in rented premises.

approved building plans and went on to construct apartments where he should not have constructed. The
civic authorities refused to give occupancy certificate despite best efforts of the builder.

In the mean time, the apartment purchasers on the assumption that things were happening to their 

satisfaction, performed house warming ceremonies and took possession of the flats. When they
were about to move in, the builder revealed the shocking news that even though he had constructed the

apartments and houses to their liking, the authorities were not issuing occupancy certificate on one pretext
or the other. Another builder constructed small flats targeting the middle-income group. The authorities, however, refused to issue occupancy certificate because of deviation from the approved plan. In this case, the builder got the plan approved for construction of 4 dwelling units - 2 on the ground floor and 2 on the first floor. However, he did something different in gross violation of the approved plan. Instead of constructing 4 dwelling units, he constructed 6 dwelling units. The persons who have invested in the flats are now desperate, as they would lose their money and the flats if the authorities decide to demolish the structure.

It is not that only the flat owners aresuffering. A few builders, who have a heart for the investing public, too face problems. One such builder constructed 8 flats in accordance with the building regulations and bye-laws and approved building plan. He has completed five and 3 remains to be completed. The builder has
received the full payment from five purchasers other three have backed out. This has put the builder in a difficult situation. For want of funds, three flats remain incomplete. The authorities will issue occupancy certificate only after completion of the entire construction and the financial institutions are refusing to lend in

the absence of occupancy certificate or no objection certificate from the authorities.

For more info

http://www.advocateselvakumar.com