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Occupancy Certificate

Home Home Loan Occupancy Certificate
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Updated: 28-11-2024 07:47:40 AM
An Occupancy Certificate (OC) is an essential document that confirms that a property is fit for living and has been built in compliance with the approved plan and applicable building codes and bye-laws. It is issued by local civic bodies like municipal corporations after the project construction is completed. Both a real estate developer and a homeowner can request for the occupancy certificate. However, it is the developer/builder’s responsibility to get the occupancy certificate and make it available to the property purchasers. Individuals must also remember to ask for the occupancy certificate and other necessary documents from the developer/builder before buying when purchasing a new property.

What is the importance of an occupancy certificate?

An occupancy certificate is a proof that a property has been built in accordance with the applicable rules and regulations. The document also indicates that the concerned property is fit for anyone to live. Once a project is completed, it is the duty of a developer to get an occupancy certificate. The document is usually required when requesting for sanitation, electricity and water connections from the concerned civic body.

For homeowners, the document is essential to establish the legal status of their property. In the absence of the same, your house is an unauthorized structure against which your local municipality can initiate a legal action. Occupancy certificate is also essential when you apply for a home loan, buy a resale property or sell a property.

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How to get an occupancy certificate?

The process to get an occupancy certificate and the costs involved may vary from one state to another. The concerned individual, usually, visits the local municipality office, collects the relevant form, fills it with correct information and submits it along with the required documents.

A developer must ideally request for an occupancy certificate within a month after the construction of the concerned project is completed. Homeowners can also request for an occupancy certificate from the local municipality. If the concerned project fulfills the standards essential for approval, you will get a copy of the certificate within a month of filing the application.

What are the documents required to apply for an occupancy certificate?

Some of the documents that you will have to furnish when applying for an occupancy certificate are:

  • Commencement certificate of the project
  • Completion certificate of the project
  • No Objection Certificates (NOCs) for pollution and fire
  • Built and Section plan of the project
  • Area calculation sheet of floor signed by an authorized architect
  • Recent property tax receipts along with the tax assessment
  • A copy of the project’s sanctioned plan
  • Photographs of the project

What is the difference between the occupancy certificate and completion certificate?

Occupancy Certificate Completion Certificate
The document certifies that the building was built as per the approved plan and bye-laws and is fit for anyone to live The documents certifies that the construction of the building is complete as per the applicable rules and regulations
Legal possession of a flat/house is possible only after obtaining this certificate Obtaining this certificate does not imply that it is fit for anyone to legally possess it.

Read: What is Possession Certificate

FAQs

Who can request for an Occupation Certificate?
A real estate developer/builder can obtain the occupation certificate. The owner of a house/flat can also request for an occupation certificate.

What if the builder/real estate developer does not give the occupation certificate?
An individual should take the possession letter only when the builder/real estate developer gets the occupation certificate. If the developer/builder delays giving the certificate or refuses to do so, legal action can be taken against them. Individuals can also file a complaint at RERA for the same.

Can a builder/real estate developer claim for a 100% payment without an Occupation Certificate?
As per the provisions under the RERA Act, a certain portion from the total amount can be paid to the builder. But a builder/real estate developer cannot claim a 100% payment without obtaining the occupation certificate.

Is it possible for a real estate developer/builder to give a Partial Occupation Certificate?
Yes, it is possible for a real estate developer/builder to give a Partial Occupation Certificate when their project has different phases with different completion dates. The concerned authority can give a partial occupancy certificate for the finished phase of the project. On completion of the entire project, an occupation certificate can be requested for the finished project.

 

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