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Owning a home is the dream of every individual. Financial, emotional, and psychological efforts make this dream a reality. After buying your dream home, you want to keep it secure from legal issues. You don't want your home to be declared unauthorized. And to keep this goosebumps-inducing nightmare at bay, make sure you have the occupancy certificate for your property/flat.
If you are wondering what it is, how to apply for it, and how an OC certificate protects your interests as a home buyer, then keep reading this blog.
In simple terms, an occupancy certificate is a legal document that signifies that the building adheres to local laws and has been constructed as per the approved plan.
Without the OC certificate, the apartment or flat is considered an illegal structure; therefore, the local authority can take legal action.
The importance of oc certificate can't be neglected, as it is required on the following occasions:
Banks and financial institutions don't sanction loans against an apartment or flat that doesn't have an occupancy certificate. It means that if you wish to apply for a home loan, you have to show it to your bank or financial institution.
Without the building occupancy certificate, it will be difficult for you to get connections for basic utilities like water, sanitation, and electricity from local authorities.
Occupancy certificate is required at the time of selling the property in the future.
An oc certificate for building is one of the important documents required to acquire a conveyance deed, which transfers the title of the property from one person to another.
Therefore, it can be stated that the importance of a certificate of occupancy can’t be neglected as it protects ownership rights.
If you occupy the flat/apartment without an oc certificate for building, you might have to face the following repercussions:
You might be evicted from your own house if the building is declared illegal.
You will have a problem getting a loan against property.
Without the building occupancy certificate, you may have difficulty selling your property.
The municipal authority can disconnect the supply of basic utilities like water and electricity at any time without prior notice.
Technically, it is the responsibility of the builder/developer to obtain an OC certificate after the completion of the building or property construction. The local government or relevant authority issues the oc certificate for the building after checking that it meets all regulations and safety standards.
Like a builder/developer, the house/apartment buyer can obtain the occupation certificate.
As a home buyer, follow this step-by-step guide to obtain an occupancy certificate from the local authority:
Step 1: Visit the nearest local corporation or municipality.
Step 2: Collect the application form from the authorized officer and fill out all the necessary details.
Step 3: Along with the below mentioned documents, submit the application form.
Upon submission of the oc certificate application form, the certificate will be issued within 30 days.
In your application to obtain the OC certificate, the following common documents are required:
Building plan copy - A building plan is a graphical representation that shows how a structure will look after completion.
No Objection Certificate from either the fire department or pollution board - Before the construction of the project starts, the fire department issues the provisional fire NOC certificate.
The fire department issues the final Fire NOC certificate once it ensures that the conditions and rules laid down in the provisional NOC are fulfilled and all firefighting devices are deployed. The final fire NOC certificate is issued before the OC certificate.
Project commencement certificate - A commencement certificate indicates that the developer has received permission from the local municipal authority to commence construction.
Project completion certificate - A completion certificate (CC) is another legal document that certifies that the construction has been done as per the approved plan. It further certifies that the building is ready to be occupied. It is important to note that the OC certificate is issued after the completion certificate.
Photos of the building, rainwater harvesting infrastructure, and solar panels - If as per the local norms, solar panels and rainwater harvesting infrastructure are deployed, clear photos of the same have to be submitted along with the occupancy certificate application form.
Current property tax receipt
It is important to note that the documents required, to apply for the OC certificate for a building, may differ depending on the location, building, and local regulations. Therefore, it is recommended to check with the local authorities if any specific document is required to obtain a building occupancy certificate.
Suggested Read:Documents to Carry While Buying a Hom
Once you have submitted the application form, you can keep track of its status on the website of your local Real Estate Regulation Authority (RERA). However, this is possible only if the project or property is registered under the RERA Act.
Note that the process of checking the occupancy certificate RERA application status varies from state to state.
Related Read: Features and Benefits of RERA Act.
For a first time home buyer or seller, it is common to get confused between the OC certificate and CC certificate. The OC certificate full form is occupancy certificate and the CC certificate stands for completion certificate.
When you buy or sell a home, make sure you have both the OC certificate and the building completion certificate. These certificates are important legal documents that are related to the construction and ownership of a property, but there are differences between them.
Occupancy Certificate (OC) | Completion Certificate (CC) |
An occupancy certificate (OC) certifies that the building has been constructed in compliance with the approved plan. | A completion certificate certifies that the construction of the property is complete. |
An OC certificate implies that the building is now ready to be occupied and that the owner can stay with legal rights. | A CC certificate doesn't imply legal possession of the property. |
A building occupancy certificate is issued once a builder obtains a completion certificate. | A CC certificate is issued before an OC certificate |
So, if you are planning to buy a home in the near future, make sure you don’t miss out on obtaining an occupancy certificate. After all, it ensures that you live happily after buying your dream home. It not only protects you from legal issues but also assures a sense of security and safety.
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