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AmbreeshZain (Engineer)     21 January 2015

Occupancy certificate question

Hi Experts,

I have a questions regarding my apartment in Bangalore.

My Apartment Complex is in Gram Panchayet jurisdiction, and the Planning Authority is BMICAPA (Bangalore Mysore Infrastructure Corridor Area).

We have asked BMICAPA for Occupancy Certificate (OC), but BMICAPA has said that BMICAPA does not issue Occupancy Certificate (OC).

Builder has provided Occupancy Certificate (OC) issued by Gram Panchayet. 

Question:

1. Are Gram Panchayets authorised to issue Occupancy Certificate (OC) in Bangalore? Is Occupancy Certificate (OC) issued by Gram Panchayet valid?
 

2. Does BMICAPA issue Occupancy Certificate to those Apartment Complexes for which it is the planning authority?

3. I have heard that Residential complex which fall under BMICAPA zone does not require any Occupancy certificate. Is it true?

Thanks in advance for your help!!



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 January 2015

the builder, on completion of the building, needs to apply to the statutory authority (BBMP/ BDA) for OC. If the building has been built as per the sanctioned plan, and fulfils the other legal requirements, the authority is supposed to issue the OC within 30 days. It is illegal for the builder to hand over the flats to the buyers without receiving the OC. It is illegal for the flats to be occupied / rented without the OC.
 

AmbreeshZain (Engineer)     21 January 2015

Thanks Ramachary.

The problem is this area is still not in BBMP / BDA Jurisdiction. So BBMP / BDA has indicated that they cannot issue Occupancy Certificate to this Apartment Complex as "it is not in their jurisdiction".

This Apartment Complex is in Gram Panchayet jurisdiction, and the Planning Authority is BMICAPA (Bangalore Mysore Infrastructure Corridor Area).

Are Gram Panchayets authorised to issue Occupancy Certificate (OC) in Bangalore? Is Occupancy Certificate (OC) issued by Gram Panchayet valid?

Also does BMICAPA issue Occupancy Certificate to those Apartment Complexes for which it is the planning authority?

Thanks in advance for your help!!

Dr J C Vashista (Advocate)     22 January 2015

Contact local lawyer for proper guidance.

T. Kalaiselvan, Advocate (Advocate)     23 January 2015

This involves local law, kindly take proper consultation from a local lawyer who is very well conversant with the local laws so that you do not face any legal hurdles in future in this regard.


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