OCCUPANCY CERTIFICATE AND THE MUNICIPAL LAWS


In case of high-rise buildings falling within the jurisdiction of BBMP, be it residential or commercial, issue of Occupancy Certificate by the BBMP on completion of construction is a mandatory requirement under the City of Bangalore Municipal Corporation Building Bye-law 2003.

Bye-law 5.6 of the bye-law provides that every person shall, before the expiry of five years from the date of issue of license, complete the construction or reconstruction of a building.  Within one month after the completion of the erection of a building, the person shall send intimation to the Commissioner in writing of such completion accompanied by a certificate in Schedule VIII certified by a Registered Architect/Engineer/Supervisor and shall apply for permission to occupy the building.

The authority shall inspect the building, including whether the owner had obtained commencement certificate as per Section 300 of the Karnataka Municipal Corporations Act, 1976, and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high-rise buildings at the time of submitting application.

Then it shall intimate the applicant within 30 days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected.
In case the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX of the Bye-laws provided the building is in accordance with the sanctioned plan.

The bye-law further provides that physical inspection means the authority shall find out whether the building has been constructed as per the plan and includes inspections by the Fire Service Department, wherever necessary.  Bye-law 5.7 provides that no person shall occupy or allow any other person to occupy any new building or part of it for any purpose whatsoever until an occupancy certificate to such buildings or part thereof has been granted by an officer authorized to give such certificate, if in his opinion in every respect the building has been completed according to the sanctioned plans and is fit for the use for which it is erected.

Exceptions
The authority may in exceptional cases (after recording reasons) allow partial occupancy for different floors of a building.
Bye-law 6 provides that (i) wherever any construction is in violation/deviation of the plan, the Commissioner may regularize such violations/deviations after recording reasons for the same, if he considers that the violations/deviations are within five per cent of

(1) the setback to be provided around the building

(2) plot coverage,

(3) floor area ratio, and

(4) height of the building and that the demolition under Chapter XV of the Act is not feasible without affecting structural stability, provided however that the:

(i) violation/deviation may be regularised only after sanctioning the modified plan recording thereon the violations/deviations and after the levy of fee prescribed by the Corporation from time to time.

(ii) Regularisation of violations/deviations under this provision are not applicable to the buildings which are constructed without obtaining any plan and also the violations/deviations which are made in spite of the same being specifically deleted or rejected in the plan.

Any prospective purchaser of a unit/s in any high-rise buildings should insist on the owner/builder furnishing an Occupancy Certificate to him/her before purchase. This is because

(a) in case the Occupancy Certificate has been issued by the BBMP, it can be safely presumed that the building constructed is in order and deviations, if any, have been regularized in legal and lawful manner or

(b) in case the Occupancy Certificate has not been obtained by the owner / builder or issued by the BBMP for any reason whatsoever in the case of a high-rise building, it could attract the consequences contemplated by the bye-laws including demolition of the unauthorized portion of construction, if necessary, by the authorities.

An important post-construction cost in connection with residential apartments is the obtaining of “Occupancy Certificate” from the Bruhat Bangalore Mahangara Palike. Only after issue of the certificate can an owner or builder is granted permission to occupy the building. The certificate is issued under the provisions of by-law 5.6 of the Bruhat Bangalore Mahangara Palike Building By-Laws 2003.
On intimation from the owner or the builder of the residential apartment complex that the construction has been completed and on his filing an application for the issue of the certificate, the BBMP authorities inspect the complex and confirm whether it has been completed in accordance with the sanctioned plan. If yes, they will recommend issue of the certificate. However, if the authorities find that deviations up to five per cent have been made from the plan, they will regularise it by levy of a compounding fee which will depend on the extent of deviation made. Once the fee is paid they will issue the occupancy certificate.

Further, the certificate will be issued only after obtaining clearances from the Fire Force Department and generally will be subject to the following conditions:
The car parking in the basement shall have adequate safety measures. It shall be built entirely at the risk and cost of the owner and the BBMP will not be responsible for any kind of damage, loss, risk etc., arising out of the same.
The owner/builder shall not add or alter the structure or a part of the structure without BBMP permission. If he does so, the BBMP has the right to demolish the deviation/altered/added portion without any prior notice.

Basement floor, ground floor and surface area should be used for car parking purpose only. Footpath in front of the building should be maintained in good condition. Rainwater harvesting structure shall be maintained in good condition for storing water for non-potable purpose or recharge of ground water at all times as per building bye-laws clause No.32(b)

If deviations have been effected from the sanctioned plan while constructing the building, the security deposit is forfeited.

The owner shall make his own arrangement to dispose of the debris/garbage after segregating it into organic and inorganic waste. He shall make suitable arrangement to transport and dump these segregated wastes in consultation with the BBMP Zonal Health Officer.
In case of any false information or pending court cases, the Occupancy Certificate shall be canceled. On default of the above conditions, the certificate will be withdrawn without notice.

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33 thoughts on “OCCUPANCY CERTIFICATE AND THE MUNICIPAL LAWS

  1. Dear ecopackindia,

    You have mentioned that the “In case of high-rise buildings” OC is madatory.

    Is it not required/madatory in case og B+G+3 or less?

    I have gone though the Secion 5.6 of the “Building Bye Laws -2003″.I could not infere from the content available that OC is madatory only in case high rise building. I am not sure if there was any amendmnets made to this sections llater.

    Could please shed some light on this?

    Thanks

    • Dear sir,
      G+3 is considered high rise.

      Any building with three floors are considered high rise structures and OC is mandatory in group housing or apartments. Please check with the Joint Director of Town Planning, BBMP for details.
      ecopackindia team

  2. Dear ecopackindia,

    Thanks for the information.

    as per the “Builing Bye-Laws -2003″ on pg. 5

    2.46 ‘high-rise building’ means a building with ground floor plus four or more floors above
    the ground floor.

    As I understand this High-rise concept comes into picture only in case of independent houses. In case of apartment and group husing we must have OC irrespective of the number of floors.

    Thanks again, this was one of the query that no one was answering confidently , thanks so much.

    • Dear sir,
      Please contact the JDTP at BBMP head office and seek official clarification. Group housing and apartments need OC. Please refer to the Sanctioned Building plan. If it is a recent one, the sanctioned copy will display the conditions like CC must be Obtained and OC must be obtained from the appropriate authorities. It is printed on the plan copy.
      ecopackindia team

    • Dear Sir,
      If the Deviation is within 5%, it will be inspected, notice will be issued, fine will be collected and then the Occupancy Certificate will be issued. CC is issued at the time of construction.
      ecopackindia team

  3. A commercial building has a stilt floor for parking and two floors above for commercial/office use. It is not a high rise building as its height is only about 31 feet from ground. Applicable setbacks has been provided all round. Basement for parking was not built due to high water table and stilt floor was made for parking. The total area built is well within the sanctioned plan area.
    Is occupation certificate required for this low rise building?

    • Dear Sir,
      Please check the sanctioned building plan and if the CC and OC is mentioned or directed the holder to obtain it, it is better to get it. When the building has complied with all the statutory requirement, it is better to obtain the OC. It will fetch a good rental return.
      ecopackindia team

  4. Hi Sir
    Occupancy certificate for flat owners is given by the Builder or the BBMP ?

    I have asked few friends who are having their flats and few builders from whom i am trying to buy flat and all of them are saying its a letter on the Builders letterhead that they will give/have.

    Most of the FLats have some or other deviation.
    I am really tired searching for a flat in reasonable rate and having less that 5% deviation.
    In that case please suggest me if its ok to go for a flat with 30-40% deviations

    Please suggest

    • Dear Sir,

      OC is issued by BBMP/BDA.
      5% deviations is regularised by the authorities, beyond that, the structure or the deviation must be removed.
      Please find a building with OC. Purvankara, Mantri, sterling, Shoba and others have OC.
      You are paying for the entire flat which has complied with all statutory requirements and why get into or buy a flat without OC. But the decision is yours. Legally speaking
      Take Care
      ecopackindia team

  5. Hellon Sir,
    I bought an apt 2yrs ago by taking loan from SBI. I just got to know now that there is no OC available and also that the floor that I live on 3rd Floor is illegal (G+3). The sanction was only for G+2. what can I do to regularise my property? pls help

  6. Dear Sir,
    I have some queries regarding purchasing a flat,
    1.Will 10% deviation accepted by BBMP?
    2.If there are deviations while constructing,will BBMP issue Occupancy Certificate?
    3.If there are deviations found by BBMP for issuing OC,Is builder responsible for getting approval of the same.?And if he submits any application for regularisation ,how much period will it take to complete the process of regularising the deviations?

    Pls suggest me what to be done in the above mentioned cases?

    Regards,

    Anuradha

  7. Hello Sir,
    I have booked a flat on first floor in G+3 building. But the plan is sanctioned for G+2, and left the setbacks according to the G+2. I asked him whether he will give me occupancy certificate or not. He told me that once he will regularize the topmost floor then only he can give the occupancy certificate. He clearly told me that it is not possible to have that before 2 years (waiting for the bill to get passed). He has many apartments in the same area, which he has constructed or constructing in the same way. People are staying and also purchasing them. I am in total delima now, I like the place and the apartment. Please advice me on this.

    Thanks

  8. Sir,

    The concept of OC is totally loopsided. In most of the case, purchasers buy t flats at inttial stage of construction in the assumption the builder will construct as per the approved plan. But in the process of construnction if he deviates, and so BBMP/BDA refuse to give OC. What can the buyer do?

    Your advise is highly appreciated

    • Dear Sir,
      You have a good and strong reason. None of the buyers ever bother to even think about it.
      It is better to get a clause incorporated in the sale agreement regarding the production of OC and lest, initiate proceedings against the builder or withdraw and demand damages and compensation. Alternatively, can approach the town planning section of the municipal authority and demand action on and against the builder. The builder must remove the portions or demolish the unauthoised or unapproved portions or buildings and must comply with the by laws.

      We advise all our clients to demand and obtain the CC & OC.
      ecopackindia team

      • Dear Sir,

        I know some builder issuing OC from BBMP but not CC.

        Is it mandatory to have both or only OC is sufficient. My understanding is the OC will not be issued if CC is not in place.

        Please advice.

        Thanks
        Gangadhara

      • Dear Sir,
        Why are you bothered about some builder?
        We offer no comments.
        ecopackindia team

  9. Hello,

    There are plenty of apartments in Horamavu area (Banaswadi, other side of outer ring road) where almost every building has deviations in the plan and builders says they will not give the occupancy certificate. In that case how the Khata will be registered.

    Thanks
    Apartment Buyer

    • Dear Sir,

      By Wrong declaration and misrepresentation of facts.
      If ever, brought to the notice of the authority or the office, it stands cancelled automatically for having submitted the wrong information.
      ecopackindia team

  10. Hi,

    I am going to buy one apartment. there is a deviation from approved plan. I have following queries:
    1. How can we calculate the deviation? Is there any tool to calculate the deviation?
    2. Whether OC is issued for complete building or per apartment.
    3. If deviation is more than 5% then how much penalty(in terms of per sft) we need to pay to BBMP?
    4. If builder has approval for G+3 and he made G+4 then does it impact to approved floor owners?

    Thanks,
    Dheeraj

  11. HI

    I have bought an apartment in Purva Highlands that comes under BMICPA. The builder however states that an Occupation Certificate is not required (nor issued by BMICPA) for the project. They also say that they have obtained the Fire NOC, which states that the building is complete. Is it true that BMICPA projects need no OC?

    Regards,
    Sudhir

  12. Hello,

    We bought a flat in Andheri East, Mumbai in 1994, Out builder got the Commencement Certificate for G+7 Floors and received the Occupancy Certificate for G+6 Floors. What is liability on part of people staying in the flat, How do we get an Occupancy Certificate for the 7th Floor after 25 Years we have stayed here?

    • Sir,
      The building is only 19 years old and it is an unauthorised construction and you are an illegal occupant.
      Scrutinise all your docs,approvals, permissions,licenses and sanctions with an architect, Chartered Engineer, Town planning Officer/expert and the Advocate and obtain the report.
      EP Team

      • Dear Sir,
        Please go through the CAMPA COLA SAGA. All the internet and fbook requests and remarks cannot and will not and might not bring in any resolution. Hence, it is better to get it regularised (if legally permissible) or say QUITS.
        EP Team

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