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occupancy certificate

Querist : Anonymous (Querist) 07 September 2010 This query is : Resolved 
Dear seniors,

it is really occupancy certificate need????

please advise !!

one of friend he is going to bought an apartment in bangalore, and he is planning to move in soon. But recently the site manager told him that they have not yet got any occupancy certificate and that will take another year or so. He has constructed 3 wings and there are approx 4 odd families living in them !

When he asked how they were living without occupancy certificate, he said that they gave the residents furniture permission (saying that they are renovating) and not a possession letter. He says that it is safe and that there is no issue. Also, I have to start paying maintenance from the day he get that furniture permission. he is not quite sure if it is legally right to go and start staying there (all water, electricity connections are working - only piped gas is nonexistent for the time being).

he is little desperate to move there as the place to staying in is not going to be with them for long. Any advice is appreciated.
James Arun (Expert) 08 September 2010
The developer is bound to issue an Occupancy Certificate from the BBMP, after clearing all dues to the authority. The delay is usually due to non-payment, or non-fulfillment of all conditions of the authority by the developer. Pressurize the developer. It is not legal to occupy the building before getting an occupancy certificate. You will not get a Khata as well without the Occupancy Certificate, if I am not mistaken. You can send a notice to the developer to get the occupancy certificate issued or charge him a penalty of an amount equivalent to the rent receivable on the property for the duration that you do not receive the occupancy certificate, in addition to giving a written complaint to the BBMP, who will in turn put pressure on the developer.
Uma parameswaran (Expert) 09 September 2010
Give a notice to the site manager.
s.subramanian (Expert) 15 September 2010
I agree with James.

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