`A`Katha – How did you get it ?


There is an investigation being conducted by the authorities regarding the register and transfer of A Katha in BBMP for the buildings which have violated the building by laws and deviated from the sanctioned building plans.  Furthermore, How A Katha was issued to properties on Raja kaluve and Lake bodies is being investigated.

75% of the buildings and houses have deviated from the sanctioned plan and violated the by laws and are legally ineligible to obtain A Katha, but many illegal apartments have A katha.

Before the purchase of the apartment or the site, check the A katha and how it was registered or transferred or issued?

Apartments without Occupancy Certificates have A katha, which is illegal and have obtained it through fraudulent manipulation and misrepresentation of facts, liable to be cancelled automatically.

There are only 36 Occupancy Certificates issued by the BBMP in the last few years and it is startling to know that majority of the apartment complex have A katha without proper documentation and compliance to the prevailing laws.

In Bommanahally Zone, It is said that one housing complex having violated more than 60% to 75% obtained A katha with the connivance of the BBMP Officials, which is under scrutiny.

AE, Many have A Katha and have built houses on the Raja Kaluve and on the periphery of the lake, have defective titles and discrepancy in the survey records.

OCCUPANCY CERTIFICATE – BBMP – 2016-17 -TILL DATE


The BBMP has issued only 13 Occupancy Certificates in 2016-17, of which 3 are commercial projects and 10 are residential apartments.

There are few hundred projects which had been completed and few hundred housing apartment projects are underway, but only few builders and the apartments have the MANDATORY OCCUPANCY CERTIFICATE.

Between 2011-12 to 20161-7, the BBMP has issued around 300+ Occupancy Certificates and the remaining buildings or projects or apartments DOES NOT HAVE MANDATORY OCCUPANCY CERTIFICATE, it means, that buildings or apartments or projects are NOT WORTH BUYING OR OCCUPYING.

The recent floods and the havoc caused by the rains is MAN MADE.  In one of the flood affected areas, the road width is 30 feet and there were several apartment complexes having more than 20+ apartments and the entire narrow road, in bangalore south, J.P.Nagar, has about 400 to 500 apartments, NONE OF THE BUILDINGS HAVE OCCUPANCY CERTIFICATE AND HAS NOT BEEN CONSTRUCTED AS PER THE SANCTIONED BUILDING PLAN AND THEY ARE ILLEGAL, IRREGUALR AND UNAUTHORISED.

BUYER SUPREME UNDER REAL ESTATE (REGULATION AND DEVELOPMENT) ACT 2016


All buildings which have not got OC will have to take license from RERA

 

The Real Estate (Regulation and Development) Act 2016,  will regulate all real estate development process and real estate transaction process in the country. The Act came into force from 1st May 2016.

The RER Act wants all state to establish Real Estate Regulatory Authority.

It is MANDATORY for all project and All buildings which have not got OC will have to take license from RERA Under Real Estate (Regulation and Development) Act 2016.

The Highlights of the Act, which is beneficial to the Buyers:

According to Sec 20 (1) after the establishment of the Authority, which will be within one year from date of commencement (1st May 2016) all new and ongoing projects will have to register with the Authority within three months.

The relevant section says :

3. (1) No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act: Provided that projects that are ongoing on the date of commencement of this Act and for which the completion certificate has not been issued, the promoter shall make an application to the Authority for registration of the said project within a period of three months from the date of commencement of this Act: Now , the problem is hundreds and thousands of buildings do not Occupation Certificate. Once the Commencement Certificate along with IOD (Intimation of Disapproval) is granted the project is treated as under construction.

Even after ten or fifteen years, even though the property or the building is occupied, even though, many transaction taken place and housing finance availed but the building is not finished in the eye of law unless it gets Occupation Certificate (OC) or Building Completion Certificate (BCC) whichever is applicable.

All estate agents who sell flats in these buildings will also be liable to penalties imposed under the Act because the Act says in Sec 10 no broker should facilitate any sale in projects which do not have license or approval from RERA Authority.

Any building which not got OC is under construction and all under construction buildings must be registered with RERA.

If there is no license to the building or OC then all those who are instrumental will be liable for punishment which could be imprisonment and fine. All builders who have not got the OC for their property need to register it with authority. One cannot run away with this provision as Authority are tracing unscrupulous builders who do not complete projects. Thousands of buildings in Mumbai, Pune, Bangalore, Delhi and elsewhere in the country have not got OC since last 15 to 20 years. 

 

 

APARTMENTS – APARTMENT COMPLEXES – ADDITIONAL DEVELOPMENT OR STRUCTURES OR MODIFICATION OR ALTERATION DONE AFTER OBTAINING OCCUPANCY CERTIFICATE !!!!


IT HAS COME TO LIGHT THAT SOME OF THE APARTMENTS/APARTMENT COMPLEX/VILLAS/PROJECTS HAVE ILLEGALLY, WITHOUT PROPER SANCTION OR APPROVAL HAVE MADE OR CONSTRUCTED ADDITIONAL STRUCTURES OR BUILDINGS, MODIFIED THE EXISTING STRUCTURES, ALTERED THEM BEYOND RECOGNITION, SHIFTED SOME OF THE INFRASTRUCTURE FACILITY OR REMOVED SOME OF THE STRUCTURES,  AFTER OBTAINING THE OCCUPANCY CERTIFICATE FROM THE APPROPRIATE PLANNING OR MUNICIPAL AUTHORITY.

SUCH CHANGES/MODIFICATIONS/ADDITIONS/ALTERNATIONS/RENOVATION/SHIFTING WILL RESULT IN THE AUTOMATIC CANCELLATION OF THE OCCUPANCY CERTIFICATE, WITHOUT ISSUING A NOTICE.

A NEWS PAPER ARTICLE ABOUT OCCUPANCY CERTIFICATE – IMPLICATIONS AND COMPLICATIONS


http://timesofindia.indiatimes.com/city/bengaluru/Living-in-a-flat-without-occupancy-certificate-You-may-lose-power/articleshow/45769768.cms?cfmid=14000000

BENGALURU: xxxxxxxxxxx, 58, and husband xxxxxxxxx, 65, bought a flat in Kodigehalli, off Hebbal, in 2012. They moved into the sixth-floor flat a year later.

The builder, xxxxx says, had promised them an occupancy certificate (OC), but it has remained a promise. The Chengappas are not alone in their plight. Thousands of homeowners are facing a similar quandary. Nearly 10,000 buildings in Bengaluru, including 50% of apartments built after the Karnataka government introduced transfer of development rights (TDR) in the city in 2005, do not have OCs, say official sources.

In many cases, though the building plans are approved, OCs are denied due to other violations. 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.

Replying to a question at the recent Belagavi assembly session, chief minister Siddaramaiah had said only 97 highrises in Bengaluru have obtained OCs between 2009 and 2014, while promising stern action against builders violating construction norms.

Energy minister DK Shiva Kumar echoed similar views and directed officials to get tough with apartment builders, by disconnecting power.

But it’s not as easy as it seems, considering the quantum of violations, nexus between civic officials and builders and a lack of stringent laws. Many errant builders and developers have, over the years, gone scot-free, say those familiar with the working of the sector.

There are several examples of builders disappearing without giving OCs and legal water connections to housing complexes. Apprehensive of losing their homes, buyers who’ve invested hard-earned money move into their flats and make do with water from pumps and water tankers.

BOOM FUELLED GRAFT

So why are such illegal buildings mushrooming in Bengaluru? Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. “There was a good system in place a decade ago. Following a real estate boom, unscrupulous builders began construction without approved plans, in an effort to increase profits. This not only broke down the system, but also fuelled corruption.”

The bigger problem, says RTI activist BM Shivakumar, is that in the absence of well laid-down regulations, a person can get into the real estate business and start construction of a project without approvals or environmental clearances. “Why blame private builders? Many BDA flats owners have not got OCs after due to failure to obtain environmental clearance,” he alleged. Some experts and activists, however, expect such malpractices will be curtailed after the Real Estate (Regulation and Development) Bill 2013, is implemented. They believe it will rein in the strong builder lobby, even if it cannot control it completely.

Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs.

Architect XXXXXXXX says occupants must be allowed to approach the BBMP and BDA and apply for OCs after paying a certain compensation. The corporation must facilitate the process, he added.
ISSUE NEEDS A RELOOK

This needs proper and scientific analysis. Members of the Association get occupancy certificates, as required by the Act. There are many outside the purview of the Association and perhaps many who haven’t got the required certificate. The classification of highrise itself needs a complete relook. There are multiple agencies involved in sanctioning OCs, and perhaps the figure quoted is of a particular authority. Buildings that have OCs are many more, since it isn’t possible to get various agency clearances and connections without OCs.

NO WATER AND ELECTRICITY CONNECTION WITHOUT NOC/OCCUPANCY CERTIFICATE IN BANGALORE


THE GOVERNMENT OF KARNATAKA HAS ISSUED A NOTIFICATION TO THE BESCOM AND BWSSB NOT TO PROVIDE ELECTRICITY AND WATER SUPPLY TO THE BUILDINGS WITHOUT OCCUPANCY CERTIFICATE FROM THE APPROPRIATE PLANNING AUTHORITIES.  THIS  DIRECTIONS HAS BEEN ISSUED BY THE URBAN DEVELOPMENT DEPARTMENT IN ORDER TO STOP THE DEVIATION AND UNAUTHORISED CONSTRUCTIONS ACROSS THE STATE.

THE UNDER CONSTRUCTION ILLEGAL OR UNAUTHORISED BUILDINGS WILL FACE THE HEAT.