Occupancy certificate
occupancy certificate is a legal document certifying that the building has been constructed according to the approved plans and abiding local laws.(there are different laws for each state ) The local municipal corporation issue this certificate after checking that all the local laws must not have been violated nowadays, occupancy certificate is asked by the financial institutions by the time of taking loans it is a duty of builder that he must take the occupancy certificate
Why is an Occupancy Certificate Important ?
occupying the building is secure. A certificate of this kind is especially necessary when the concerned parties request electricity, water, and sanitation connections from regional municipal organisations
One of the most crucial documents you will need when selling the home is this certificate.
Obtaining an occupancy permit is crucial since the purchaser cannot legally occupy the apartment or building until the developer has done so.
You must also present the occupancy certificate to the lender(for example financial institution banks) if you wish to apply for a house loan.
How Do I apply for an Occupancy Certificate?
step process to obtain occupancy certificate:
Step 1: Visit Local Corporation or Municipality – The flat owner or builder has to look for the nearest local corporation or municipality.
Step 2: Collect Forms and Enter Details – Collect the required forms from the concerned officer and enter all the necessary details.
Step 3: Submission of the Form – Along with all the documents, the application form has to be submitted.
The occupancy certificate will be granted within 30 days in case of residential plotted development and the case of other categories of buildings, and the certificate will be issued within 60 days from the date of application if passed
Can we apply for an occupancy certificate online?
In some states we can submit the application online
In punjab and madhya pradesh government have sewa kendra or MP online if your state have digital portals then
Step 1: The applicant has to visit the nearest centre to collect the application form for an occupancy certificate
Step 2: The application form should be filed with appropriate details such as:
Applicant details
Type of Building
Building name
Building height
Area type
Step 4: Then submit the filled application form to the concerned person of nearest Sewa Kendra centre.
Step 5: Upon submission, one needs to make payment for the issuance of occupancy certificate.
Step 6: Once submitted, the concerned authority will check the application form. After verification, the corresponding occupancy certificate can be collected from the relevant authority.
But it is better if you submit it manually
Documents Required for Occupancy Certificate
Below mentioned documents are required to obtain an OC:
A copy of the sanctioned building plan
A No Objection Certificate (NOC) from either the Pollution Board or the Fire Department
A copy of the Commencement Certificate
Relevant computations which have been signed off by the commissioned architect
Clear photos of the building
Clear pictures of the Solar Panels (If any and the state requires the property to have them)
Proof of the presence of rainwater harvesting infrastructure
Current tax receipt from the relevant tax assessment authorities
Protection for property owner
An occupancy certificate certifies that a property is fit for occupancy. It assists you in making sure neither an unfortunate accident occurs nor that you are provided with an unsafe building to live in. It’s crucial to be vigilant as a buyer to avoid being taken advantage of and to protect your ownership rights. You can complain in the consumer forum if your builder won’t offer you an OC. He should receive a legal notification requesting the return of the OC within a month. If the project is registered with the RERA (Real Estate Regulation and Development Act), you can gather with other buyers and submit a report to the RERA.
Occupancy Certificate vs Completion Certificate vs Possession Certificate
Completion certificate
States whether the building has all requirements to make it liveable
Occupancy certificate
States whether the construction norms and building by-laws are followed
Possession certificate
States the date of transfer of ownership from the developer to the buyer
Rejection of Application
At the time of verification the application does not fulfil the conditions mention by the law of that state the concerned authority may refuse to issue the certificate. Then the applicant has to resubmit the application by making corrections in the form within the specified time limit.
FAQ
Que1 -What happens when we don’t have an occupancy certificate?
Ans 1 – If the buyers or the builder are found not having occupancy certificate, the local authorities can ask for eviction of their flats and buildings or levy heavy penalties on them.
Que 2 – Is there any renewal process?
Ans 2- In some states it is renewal and in some states you have to renewal after 1 year 2 or 5 year you have to confirm it from the concern authority
Que 3 – what happens when occupancy certificate application get rejected?
Ans -3 In verification, the application submitted does not fulfil the following conditions mentioned in the bye-laws then the concerned authority may refuse to issue the certificate. Then the applicant has to resubmit the application by making corrections in the form within the specified time limit
Ques 4 – Do banks give loan without OC ?
Ans – 4 banks usually do not provide a home loan on non-OC properties as the absence of an OC indicates that either the builder has not cleared certain dues or has made unauthorized alterations
Ques 5 – what is a partial occupancy certificate?
Ans 5 – Buyers are aware that they cannot occupy a unit in a housing project, till the time the project has received an occupancy certificate (OC) . Now, housing projects that involve large-scale developments, are typically built in a phased manner. Once a part of the project is complete, the developer has the right to apply for a partial occupancy certificate (POC) with the local authority.
Qus 6- can apply for occupancy certificate?
Ans 6 – Both builders and owners of the concerned property can apply for an OC.