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Apartment without (oc) occupancy certificate

(Querist) 10 December 2014 This query is : Resolved 
Dear experts,
I have seen a flat in Bangalore for which builder is not providing OC( occupancy certificate). Apartment is ready to move .
Actually I came to know there is deviation in compound wall and building distance where deviation is 30%-40%( distance left is lower). Builder is saying it will be converted in A khata in next Akrama – Chakrama by paying some money. SBI is giving the home loan.
I have seen 60% builder are selling without OC.
What are the risk if I book such flat? How govt. is allowing such construction in Bangalore 60-70% construction is without OC. Can BBMP demolish such buildings latter on?

ajay sethi (Expert) 10 December 2014
dont purchase said flat . better purchase flat which has OC . it is certificate from muncipal corporation that building has been completed as per sanctioned plans
ajay sethi (Expert) 10 December 2014
if building has no OC banks are reluctant to sanction loan . flats cannot be easily sold as no bank will give loan .

ChandanLawyersclub (Querist) 10 December 2014
Thx Mr. Ajay. I will not purchase it

I am wondering all banks are giving loan at this stage to (first owner) Infact SBI is giving. 2 out of 3 buildings are with out out OC. Builder gives false assurance in 10 yrs govt will give OC on deviations.

Devajyoti Barman (Expert) 10 December 2014
agree with expert.
Rajendra K Goyal (Expert) 10 December 2014
Banks deals in money not in property. They may have approved the project as per documents before starting construction. Purchaser would suffer in case of any deviation from sanctioned plan in construction.
ChandanLawyersclub (Querist) 10 December 2014
Thx all for you valuable inputs.
Guest (Expert) 10 December 2014
Well Advised
ChandanLawyersclub (Querist) 12 December 2014
Today I have consulted with 5-6 local lawyers on OC and CC
It seems Bangalore has 90% apartment with out out CC & OC. All lawyers also believe it will not be big deviations if other papers are OK.
Infact one lawyer told I live in my apartment without CC and OC. If the deviation is small its calculated risk. Yes legally its not correct

On resale public sector banks will not give loan. But Private banks are giving I checked.

Request experts from Bangalore Pl. comment

sanjeev murthy desai (Expert) 13 December 2014

Who told you that 90% of the building in Bangalore without cc & OC. Noboday will give you such opinion with out verification of the documents. You seems to be lying on the issue.

If there is no OC is issued, then how did you get that 30% to 40% of deviation in the proposed property. Deviation is does not invalidate the marketable title on the Property. It is advisable to get legal opinion on proposed property then only you can take proper decision.

Without OC you can't assume that there is a deviation. Whether said builder has allowed you for find out deviation and can you tell me that which document show's that there is a deviation in compound wall and building distance.

I think you have not yet verified the documents properly.

ChandanLawyersclub (Querist) 13 December 2014
Thx Mr. Sanjeev
1. I am not lying,I am a customer , not builder, If you see data base of all properties listed for sales sites from Price/ SQ ft itself you can guess it is with OC or without OC. I have done sampling of least 200 properties on OC/ Cc aspects. checked with all the sellers.
2. I am staying in a apartment which has no OC/CC for 26 flats society, as builder had built 2 penthouses and given on rent from last 7 years. In second sales PNB/ LIC has given home loan for flats in second sale. SBI is not giving.
3. The apartment which I have seen Builder him self told there are some deviations
From paper and site survey I found a. 5th floor has Party hall (only g+4 approval) b. set back distance is low

I have given paper to my lawyer, he will revert back fully in 2-3 days on further issue if any.

Mean while 3 other guys has done registration of the apartment , their lawyers has given legal opinion this is small deviation will be covered in AKRAMA and CHAKARMA so they can go ahead.

Only I want to understand from legal experts of Bangalore, are norms in Bangalore not so tight?, we can convert to A khata flat in AKRAMA and CHAKARMA. land is already A khata

Yes as per law with out OC/CC you should not buy it.
Sri Vijayan.A (Expert) 14 December 2014
Dear Author,
Pl consult a local (Bangalore Based) Lawyer.

General saying is the flat without OC or CC is not good.
However, in Chennai, we have different practice. One can have flats without OC and CC.

So, consult a local lawyer.

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