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The local authorities issue a certificate for completion (CC) after the completion of the construction of a building. This was commented in my earlier post. How to get Occupancy Certificate? The certificate is proof that the project has been built, by adhering to the applicable building codes, relevant regulations and laws. Documents required for Registration of Flat - Hence, for registration of property , OC is not mandatory . 3. There are however some exceptions asCo-operative Housing Socities (CHS)are not allowed to levy maintenance charges based on the area of flat of members under MOFA. So if your builder has not provided CC till now, chances are he might not be able to provide it at all on account of deviations. elara's other major investors include saif partners, accel partners and RB Investments. * Checklist of Important Property Documents in India | Legal Checklist for Property Purchase 1. "Please note that the views given in this Blog/Comments Section/Forum are clarifications meant for reference and guidance of the readers to explore further on the topics/queries raised and take informed decisions. Possession Certificate - Bajaj Markets by Bajaj Finserv Kindly advise.. Dear Aniket, (2) No person shall occupy or permit to be occupied any such building, 1 [or part of the building]1 or use or permit to be used the building or part thereof affected by any work, until,- (a) permission has been received from the Commissioner in this behalf; or (b) the Commissioner has failed for 2 [thirty]2 days after receipt of the notice of completion to intimate his refusal of the said permission. No warranties, guarantees, promises and/or representations of any kind, express or implied, are given as to (a) the nature, standard, quality, reliability, accuracy or otherwise of the information and views provided in (and other contents of) the articles or (b) the suitability, applicability or otherwise of such information, views, or other contents for any persons circumstances. You cannot even sell your property without a valid OC in hand. Builder cant officially offer you the possession of this apartment in absence of OC and CC. So why are such illegal buildings mushrooming in Bengaluru? A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. If the building is fit for possession and ready for delivery then you are liable for maintence charge even if you not take possession of the flat or has not done registration. Santosh Kumar Yadav, vice chairman of the GDA said that a completion certificate is now made mandatory for the sale-purchase registration of a flat in Ghaziabad. Is Registration Of Property Without OC & CC Valid? It is not advisable to take possession of a new property that does not have a final completion certificate. The purchasers of flats in these towers were handed over to the flats on receipt of the Occupancy Certificates on different dates between the above stated period. Occupancy Certificates were not required at that time. Yes you have legal right to refuse possession without OC. 3. You are not liable to pay maintenance till you take possession of flat, 2) you should get sale deed registered at the earliest. among 7 building he has completed 4. DOC The Scottish Government According to my agreement, I want to receive the completed flat on 31.03.2019. However, the applicability of GST is not on completed constructions. Building (Scotland) Act 2003. PLC, FPLC etc. However, what is startling is that most of this is done with the knowledge of the BBMP which collects property tax from such property owners inspite of them not possessing an OC. Its quick, easy, and anonymous! What is legal status of my flat in my tower regarding occupancy certificate ie whether it is partial or completed? You should not end up buying an apartment on a floor that has not been approved! Else, you can request your builder to issue self-attested construction completion certificate on his letter-head/seal. Once the project is completed, it is important for the builder to obtain an Occupancy Certificate also known as Completion Certificate. ]1 1. Regulations in most states are not clear, but the model bye-laws of MOFA provide a simple solution. The common areas are divided equally using a fixed rate while flats are calculated depending on the size of the apartment. Apprehensive of losing their homes, buyers who've invested hard-earned money move into their flats and make do with water from pumps and water tankers. Our building is around 10 years old without OC in Thane. Occupancy Certificate and Registration of Apartment You may kindly re-check with a civil engineer.. Dear Sir, However, this certificate is valid only for six months, after which the developer needs to apply for the final certificate, once the construction is complete. 1. Possessing Occupancy Certificate states that the building has complied with all the required building standards, local laws and it is safe to occupy. Succession certificate .Like to sell a plot in the name of deceased. E: adv.yusuf.rampurawala@gmail.com. All such information will be available on the official Noida Authority website for the citizens, according to an official. In the wake of the notification, thousands of homebuyers can now execute a tripartite agreement ( between builder, owner and authority) to sub-lease and shift into their respective flats without. If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. He is claiming that for less than 8 units, OC not required. Could you please suggest: For flats rated more than Rs 45 lakh, the new GST rate applicable from April 1, 2019, stands at 5%, against 12% currently. When I queried him he saidthat the construction plan for J M building was approved by the HAL Sanitary Board in the late 90s/early 2000s. Builder not provide us CC & OC till date. Its quick, easy, and anonymous! Need to know can it be done now as Im new to this dont know. The current owner does not have the OC from the then builder. When there are blocks or phases of large projects to be developed with varying completion dates, the concerned authority can grant a partial occupancy certificate for the completed phases/blocks. Do you have separate Khata/Patta for each floor? Staying in a flat without CC and OC The users should exercise due caution and/or seek independent advice before they make any decision or take any action on the basis of such information or other contents. Dear Rohit, This certificate is needed for an apartment or building to receive basic facilities such as electricity and water. In favor of owners as its illegal to occupy flats without oc. No Comments! What is an Occupancy Certificate in real estate? - Housing.com Many owners bought the flats when the property was in under construction, and many as ready to move in.. "There was a good system in place a decade ago. A provisional or temporary completion is usually awarded to a builder if they want to hand over an apartment to residents but still have pending work to complete, such as finishing construction of amenities like the club house or painting. Certificate of Occupancy or Completion Certificate is a document which is issued at the end of the construction, by a local government agency or planning authority. The responsibility to get a completion certificate for a housing project lies with the developer. The certificate is also important in scenarios when a buyer applies for Khata or when purchasing a re-sale flat. But registration is being delayed by the promoter. 2014 : 12% , CESS > 2% of S.T. Can anyone help me out with that!! The responsibility to get a completion certificate for a housing project lies with the developer. b. I have paid 60 Lakhs so far of which 12% which is 7.2L was calculated as GST. Shall I pay to them as verbally it was not informed to me, but written in Maintenance Agreement in a hidden form. 3. One copy of the possession certificate is provided to you, while the other copy is retained by the builder. I am confused what should I do. Kindly take legal advice from a civil lawyer.. I need your guidance on my below matter. *Detailed drawings and specifications of all services, Signature of Construction Engineer on Record, Name in block letters: _____________________________, Name in block letters _________________________. 02. Thank you, I am about to buy a builder floor (new construction, 60*40 site, 4 houses) in Bangalore, and lately found that though builder can provide A Khata, he cannot provide OC/CC. Here is the list of the documents that you need to check before purchasing a resale flat: Title Report - You should ideally conduct a Title Search at the Registrar's office in order to retrieve the chain of documents that reflect the history of the flat. All rights reserved. We do not have Oc, Cc. Completion Certificate: All you Need to Know Hence, it is important to press for the builder to acquire a completion certificate, before releasing the final payment to the same. Usually OC is not given because the builder has deviated from the original sanctioned plans. *The detailed Architectural drawings and Architectural specifications prepared by the Architect on Record. CC is provided by the builder after completion of foundation work and OC is provided after completion of all construction activities. As per sub-vention scheme builder were supposed to reimburse the interest portion of EMI paid by homebuyer to bank however in my case builder reimbursed only few EMIs and rest are not yet paid so I would like to check whether builder can deduct this reimbursement from the cost of the property and then calculate the GST on balance amount although rate of GST also seems to be disputed as builder charged @12% however it should be 1%. Provisional and final completion certificates. As these certificates are not required while registering a property, most of the homebuyers tend to overlook or ignore collecting these documents from their previous owners or builders of the apartment. What is the remedy please advice. 3) Cc and oc are the statutory approvals which the builder should obtain and provide it to the customer once they purchase apartment. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate. Calculation at the fair market value of 2001 will increase the cost of acquisition and lower the capital gain. 3. The sale of the apartment would not fetch a good price, without the OC. On 2001 Ive build a house there and I was at service in Delhi so concerning engineer didnt take the plan approved by panchayat. Without these the value of the property automatically diminishes. OC/CC is not mandatory for Registration. For ready to move in properties and for properties where the outer structure is complete, a qualified civil engineer can access if there are any deviations as mentioned above from the approved plan. Your clarification would help 100s of people like me who are opting to buy/ build individual homes with home loans through small builders. Since, maintenance can be levied from you only once you are legally handed over the possession, the builder not having obtained OC and CC, you are not mandated to pay maintenance and any demand seeking payment there of is illegal. To calculate the capital gains at the time of selling any property purchased before 1981, its purchase price is now calculated on the basis of the fair market value of 1981. Registery of flat without completion certificate before 31st march 2013 1. * How to save Capital Gains Tax on Sale of Land / House Property? You can refuse to take possession of flat before OC and CC from builder and builder cannot force you to take possession without completion certificate. There are total 5 buildings in this project from which only 2 buildings have OC, rest 3 buildings OC is still awaited. The main aim of his blog is to "help investors take informed financial decisions." Suggest you to kindly take help of a local civil engineer and civil lawyer. Today government officials are looting the public . An occupancy certificate is a document that is issued by a local government agency or planning authority, upon the completion of construction of a new project. At the time of refund somehow builder negotiated rate again we retained our flat rather booked 3 bhk. 23.22/- per Sq. The original copy of this document needs to be produced for securing a home loan. I have a major issue . Checklist of Important Property Documents in India | Legal Checklist for Property Purchase, I want image or photo of occupancy certificate from corporation. Building Completion Certificate | Pune Municipal Corporation Absolutely, you can legally postpone taking of possession since the builder hasn't obtained OC and CC. a. RERA Registration is mandatory even if the promoter has received the occupancy certificate and completed the project's development. After logging in you can close it and return to this page. I am not sure if this new revision of GST rate will be retrospective in nature. While trying to claim for LOHP, the corporate finance of my employer has asked me to produce a BCC or OC from the builder while the builder is not aware of any such things. A Completion Certificate is received by the builder from the metropolitan authorities, upon completion of construction. 1. This was clearly mentioned in the judgment following a writ Petition of Venus CHS Ltd and another, when the cooperative housing society wanted to switched from flat-wise monthly charges to area-wise monthly charges. If I go for registration after the decision has been made in Jan 2019, there is a doubt whether the builder will consider only 5% GST, or they may say 12% GST collected so far has been credited to the Govt, and I have to wait for ITC. The owner has all the necessary documents like A khata, property tax paid till date and EC but doesnt have occupancy certificate. I understand from 1st July 2017 it is now GST and at 12% but wanted to know the rates for the previous years as there were revisions happening and also had a Swatch bharat CESS and Krishi Cess also to be included in previous years. I have one question. Prefer a RERA complaint and seek compensation in lieu of the delay that has been occasioned in the completion of this project. * Revised GST Rates on Real Estate Properties | Latest GST Rates for Under-Construction Properties. 2) Builder cannot insist you on taking possession of flats where Builder has not obtained completer CC or OC for the building, and he also cannot charge any amount. If a builder asks for farmers compensation after registry made by purchaser. While the OC from 1989 mentions the second floor (which we, the first floor owners) are wanting to buy. Post your Queries in Questions & Answers Forum.. How to change address in "B" Khata in BBMP in case of a vacant plot (Bangalore, Karnataka)? March 2023: People now have the option to check details like occupancy certificates (OC), completion certificates (CC), total flats or pending dues of any housing group in Noida online. Now builder has issued a final demand letter however below are my queries and I need your valuable advice:-. If CC applicable for the whole project, then builder should have received CC by now (yet to hear back from builder), then only builder has given possession to almost 150 residents? You may purchase it, because of following reasons, there will be no risk. (Image courtesy of stockimages at FreeDigitalPhotos.net). All that is needed is Political Will. A completion certificate is a legal document which is given to housing projects once they have reached completion, following an approved building plan. All the overheads will be taken care by builder. AA NOIDA: The Noida administration will take action against those who have bought flats and are living there without registering their properties. Believe me. 10. 1. Suggest you to consult a CA in this regard.. Get legal answers from lawyers in 1 hour. Applicability of GST on completed Flats - Tax Guru Makaan.com does not offer any such advice. The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. if there is no occupation certificate you don't have to take possession or pay any maintenance to anyone. Living in a flat without registration? Hefty fine on your way Why is it important to have a final completion certificate? According to reliable sources, about 10,000 residential buildings in the city, after the Karnataka government introduced the Transfer of Development Rights (TDR) in 2005, do not have OCs. 3. 4 & 5 These are very specific queries, suggest you to kindly consult a civil lawyer. The OC is issued only once the building has been completed in all respects and can be occupied. I believe they have done khata transfer. However to occupy your Flat, it is mandatory (under the Civic Laws) that the building must be granted OC, by BMRDA, else there is a penalty of 25000/- for occupying a Flat without OC. CC/OC is not really required for an independent house. However, under GST a single rate of 12% is applicable on under construction properties whereas no GST is applicable on completed or ready to sale properties only if the Completion Certificate (CC) has been issued. But delivery of the flat will take atleast 6-8 months as they say because many works still pending. A completion certificate signifies that a building has been constructed according to the prescribed rules, and the concerned authorities have cleared the project. This certifies that the building has complied with the approved plans. Dear Sunny , 2. Housing.com does not offer any such advice. sale deed can be registered but builder cannot deliver possession of flat with obtaining OC/ completion certificate, 2) builder can collect maintenance only after OC is issued and possession delivered to flat owners, 3) you can incorporate clause that builder shall obtain completion certificate within one year, 4)builder has to regsiter under RERA as OC has not been issued till date, 5) builder can be penalised under RERA for failure to obtain OC, 6) without OC builder cannot deliver possession, 7) search in kaanoon.com website for lawyers in Bhubaneshwar. so total estimated Service tax was approx. do i have to pay 12 gst on total amount. BUILDING COMPLETION CERTIFICATE BY CONSTRUCTION ENGINEER ON RECORD, *The detailed structural drawings and structural specifications prepared by the Structural Engineer on Record. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! Lawyers are available now to answer your questions. The payment of maintenance depends upon the terms of sale agreement and sale deed. Hello. OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. A Possession Letter alone would not suffice for legal possession of the property, unless the OC has been obtained. You can register the property and can approach the consumer court yourself for recover damages from the builder for deficiency in service and delay in OC. I have booked a 2 BHK flat in Raj Nagar Extension Ghaziabad in 2015 under sub vention scheme. Dear Anupam, Fast efficient and cheap. In cases where the developer has not obtained the completion certificate yet, a buyer can approach the local municipal authorities individually, or form a residents welfare association (RWA), to ensure that the process is completed before they take possession of their properties. Therefore, sale of flat by landowner after obtaining the completion certificate is exempt from tax. Upon checking with the builder for Oc,Cc he states that its very common in Bangalore and 90% of the flats are like this . At the time booking the flat, builder calculated the Service Tax @ 3.5% on Basic Selling Price (BSP) and @14% on other items e.g. . There are many outside the purview of the Association and perhaps many who haven't got the required certificate. Can we as news owners, apply for it then? Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! OC is crucial while applying for a home loan or loan to purchase a resale flat. Among the many details provided in a completion certificate are: In essence, a completion certificate assures the authorities concerned that a property satisfies all the requirements set by them and adheres to the building plan that was authorised, before the construction began. As it's illegal take possession without OC. Did you receive OC and Possession certificate for this? I am not sure about the time-line. 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