Buying a flat in bangalore without oc/cc cert.
Nischay
(Querist) 20 September 2015
This query is : Resolved
Hi All,
I am looking to buy a property in Bangalore. I have converged to buy a flat, which has satisfied me in terms of locality, vaastu and many more. But the builder is refusing to provide OC/CC certificate as the flat has some deviation from approved plan of BBMP.
My concerns,
1. What all problems will arise if there is no OC/CC cert. ?
2. Approved plan is to have 4 floors and the builder has built an extra 5th floor which deviates from the approved plan, if I buy a flat in 3rd floor, will it be a problem?
3. Most of the PS banks including SBI is issuing Loans on the property, I beileve this rules out the litigations involved in the site, please correct me if I am wrong.
4. Why hasn't govt. made OC/CC cert. mandatory for registration, as its not mandatory for registration why will it be a problem to sell a flat without oc/cc?
5. Flat's which obtain OC/CC cert. are being sold at higher price, close to 20lacs more than the one which doesn't possess Oc/CC, which I am not able to afford. Please advise.
6. Builder has clearly told that if akrama-sakrama law to be enforced, All residents should pay the fines and get it regularised, and he is not responsible for it.
7.How problem is it to sell/mortgage such a flat in future? if banks are giving loans why cant they mortgage the same property?
8. how to calculate the % deviation from the approved plan?
looking forward for your valuable answers.
Thanks and Regards,
Nischay
rajagopal.s
(Expert) 21 September 2015
Hi
If the builder has built an extra floor, then all of the occupants will be forced to shell out extra money for regularisation.
Normally OC is issued by the municipality and in your case, i doubt whether municipality will issue you an OC because of illegal floor.
today, banks do give loans to all construction made as per plan. it is true that they do not give loans to the floor unauthorisedly constructed. But that is the risk of the buyer buying the property in unauthorised floor.
You will be at risk(medium) assuming your flat is as per authorised floor plan. Hence if you have no other alternative, then you can buy the flat in this building. or else, look for a good builder who has constructed as per plan.
