Thursday 7 April 2016

All about Partial Occupancy Certificate






About Occupancy Certificate, we have all heard of! Occupancy Certificate (OC) is a certificate issued by the local statutory development authority which permits the builder to allow the buyers to occupy the building. This is mandatory to obtain for buildings having more than five units.

But have you heard of Partial OC?
Partial Occupancy Certificate can also be obtained in case of larger projects that are being built in different phases and blocks. Once a specific block is complete the concerned authorities like the BDA or BBMP in Bangalore inspects the building and grants the partial OC. Thereafter the next phases get completed and after completion of each phase, partial OC is granted and finally a common OC is given to replace the rbpartial OCs for the entire project. In short a Partial OC allows a part of the building to be occupied. 

What is the validity period of a Partial OC?
The Partial OCs are valid till the final OC is granted for the entire building or the project. 

What is the provision of Partial OC in law?
The Bangalore Building Bye-laws 2003 state that no one can occupy or allow any new building or part of it to be occupied until the occupancy certificate is issued. This occupancy certificate should be granted by an officer of a local development authority authorized to do so. He will issue the certificate if he feels that the building is completed as per the sanctioned plan and is fit to use for the purpose for which it is erected. In certain cases the authorized body may allow partial Occupancy Certificate allowing partial occupancy at different floors or sections. This implies that the builder should apply for the Occupancy Certificate (OC) from the right statutory authority like BDA or BBMP.

What are the advantages and limitations?
The biggest advantage is that you would get immediate possession even though the building is not completed fully. It is enough to get water and electricity connection through a partial OC.
The disadvantage is that partial OC is not enough to get approval for your homeloans or even application of Khata Certificate is also not possible. That can only be done after you get a full Occupancy Certificate. 

What are the essentials for the buyers?
In case the buyer of a property buys a flat or an apartment being completed in phases one can look for a partial OC. But on completion the buyer should insist for a full OC from the builder. Just like the application of the OC the developer or thebuilder needs to apply for a partial OC within a period of 30 days from the date of completion of the phase or the part of the building.

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