An occupancy certificate is an important document you need to obtain, while buying any new property.
An occupancy certificate (OC), issued by the local authorities, certifies that a building is fit for occupation and has been constructed as per the approved plan and in compliance with local laws.
An occupancy certificate is a document that is issued by a local government agency or planning authority, upon the achievement of construction of a new project. The certificate is proof that the project has been built, by adhering to the applicable building codes, relevant regulations and laws. It is the responsibility of the developer to obtain an occupancy certificate, once the project has been completed. The certificate is an indication that the building is suitable for occupancy. An OC is required, when applying for water, sanitation and electricity connections.
For home owners, an OC is necessary to cement the legal status of the property they own. In the absence of a valid OC for a property, the local municipal body has the right to initiate legal action, because without an OC, a project is deemed an unauthorised structure. You will require an OC, when you apply for a home loan, or if you are purchasing a resale property. You would also need a valid OC, when you wish to sell your property.
If the developer refuses to provide an OC, or he hasn’t acquired one even after the project has been completed, you can take legal action against the developer. A legal notice can be issued, asking him to provide the OC and you can even take the case to a consumer court. Legislations like the Real Estate (Regulation and Development) Act are expected to significantly decrease instances of negligence or fraud by developers. However, as property owners, you must be vigilant and ensure that important documents like the OC are in place, to secure your rights over your property.
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