What is an Occupancy Certificate?
A certificate of occupancy is a document issued by a local government agency or building department certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy.
Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. The law says one cannot legally move into a building unless the developer gets an occupancy certificate from the BBMP or BDA. The corporation can ask apartment owners to leave such illegally occupied flats or impose heavy penalties. Occupancy certificate is also required when the buyer applies for Khata.
However, note that the occupancy certificate is not needed for registration of the property during purchase currently in Bangalore (though is mandatory in some parts of India). This often leads buyers to believe that the occupancy certificate is not important.
Who is responsible for getting/applying for it?
The builder/person who is constructing the flat/villa/apartment is responsible for getting this to the buyer of the flat/villa/apartment. The builder needs to fill an occupancy certificate application form, submit documents and pay required fees for the issue of the certificate. However, in case the deviations are upto five percent from the plan, then a fine will be charged based on the extent of deviation made. Once the fee is paid, the occupancy certificate will be issued.
PROCESS OF GETTING an Occupancy Certificate (OC)
- Requisition for issue of Occupancy Certificate.
- Completion Certificate as in Bye law – 2003, Schedule VIII (Extract Attached – Pg 2 of this document).
- Recent Katha Extract, Katha Certificate and Current Year Tax paid Receipt.
- Fire Clearance Certificate – issued by Fire Force and Emergency Services Department(For High Rise Buildings)
- Consent For Operation – Issued from KSPCB (for Buildings with Built up area more than 20000 sq.m).
- Photos – of Buildings
- Rain Water Harvesting System.
- Waste Collection System.
- Solar Water Heating System.
- Transformer yard
- Vehicle parking system.
As mentioned by Additional Director, Town Planning, Bruhat Bangalore Mahanagara Palike .
How BBMP treats the OC proposal
BBMP may treat the proposal as follows (ref: Cl 303+304 of KMCA)
- Grant without changes
- Grant subject to specific modifications
- Grant with conditions
BBMP may ask the developer to take the following measures, for the sake of existing/proposed power/water/sewerage lines, new roads or widening of roads:
- change the location of the proposed building,
- provide open space or ventilation,
- use specified materials for construction,
The developer must re-submit revised plans to comply with BBMP’s objections and conditions. The Plans must be revised thoroughly: They must not contain superimposed corrections. After the grant, the developer may apply for increase in permissible floor area the Developer must pay fees and penalty if modifications are proposed after the work starts, additional penalty applies The developer must deposit a refundable security deposit of Rs. 25/m2 and If the construction is not as per plan, BBMP forfeits this deposit.
If one wants buy a flat, as October not available and builder says he has applied for oc and yet to receive Octel from Bbmp, what should buyer do, buy or cancel purchase of flat ?