Kindly read : Urban expert V Ravichander attributes it to a breakdown of the system and lack of transparency. Also, do insist on obtaining Completion Certificate and Occupancy Certificate (Possession Certificate) from your builder or owner. See the amount has to be paid even court without that deny to interfere. Among all the top 5 documents required for the registration of a flat are: A Sales Deed- This tops the list because it is very important for property buying and selling; Occupancy or Completion Certificates- These certificates are issued by the municipal corporation on the completion of the project. Here is the list of the documents that you need to check before purchasing a resale flat: Title Report - You should ideally conduct a Title Search at the Registrar's office in order to retrieve the chain of documents that reflect the history of the flat. BCC looks like as the one in the below image; (Pic courtesy :apartmentadda.com). It's quick, easy, and anonymous. It basically states that all of the rights to the property have now been transferred to a new individual. 11 comments GST (goods and Service Tax) was introduced as an indirect tax chargeable on all supply of goods and services. 1. When I queried him he saidthat the construction plan for J M building was approved by the HAL Sanitary Board in the late 90s/early 2000s. If the building is fit for possession and ready for delivery then you are liable for maintence charge even if you not take possession of the flat or has not done registration. So why are such illegal buildings mushrooming in Bengaluru? Hi..In Highrise building to get CC ,is there necessary to complete the basements slab with driveway too? 3 If the builder is not passing on the ITR benefit then this can be escalated or contested in court of law (GST). There are total 5 buildings in this project from which only 2 buildings have OC, rest 3 buildings OC is still awaited. Among the many details provided in a completion certificate are: In essence, a completion certificate assures the authorities concerned that a property satisfies all the requirements set by them and adheres to the building plan that was authorised, before the construction began. Building Completion Certificate | Pune Municipal Corporation I have a major issue . Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies. In the recent times, authorities have allowed residents to take possession of partially completed housing projects, especially in projects that have been stuck for a long time and where completion is possible in a phased manner. Thank you, I am about to buy a builder floor (new construction, 60*40 site, 4 houses) in Bangalore, and lately found that though builder can provide A Khata, he cannot provide OC/CC. May I know if all the owners of the Flats have Khatha done in their names? 3. Suggest you to also check with any local Civil Engineer or lawyer on this.. Need to know can it be done now as Im new to this dont know. Under the earlier tax regime, various taxes like VAT, service tax, stamp duty, and registration charges were paid by the buyers. A completion certificate is an important document that states a property has been built, according to standards and proves the legitimacy of a real estate project. Get legal answers from lawyers in 1 hour. Please refer to the accompanying Guidance Notes when completing this form. As per the agreement I want to give them a grace period of 3 months due to natural calamities and my due date will be 30.06.2019 but the builder hand over my flat in August 2019. ***0.5% Swachh Bharat Cess & 0.5% Krishi Kalyan Cess on the value of taxable services. OC or CC is essential before occupying or taking possession of flat. In 2015 : ____ We are delighted to have helped over 75,000 clients get a consult with a verified lawyer for their legal issues. q.Do I have legal right not to take possession till OC is obtained? Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. Ravichander favours a retrospective and comprehensive policy to regularize buildings without OCs. There are many outside the purview of the Association and perhaps many who haven't got the required certificate. You only have to decide about it, but you will be losing your legal grounds to fight against the builder if you take possession without registration or OC. A buyer can move into his/her new apartment only once the OC has been received, OC is not required for registration of the property during purchase. 1 I am not sure on this, you may cross-check with a local civil lawyer. Members of the Association get occupancy certificates, as required by the Act. A builder can get a provisional building completion certificate from local authorities. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! - What shall I do, if I don't do registry of my house and cont. THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential! The individual floor of the triplex can be put on rent ? The internet is not a lawyer and neither are you.Talk to a real lawyer about your legal issue. My query is related to income tax return. Usually OC is not given because the builder has deviated from the original sanctioned plans. No warranties, guarantees, promises and/or representations of any kind, express or implied, are given as to (a) the nature, standard, quality, reliability, accuracy or otherwise of the information and views provided in (and other contents of) the articles or (b) the suitability, applicability or otherwise of such information, views, or other contents for any persons circumstances. So, end of the day its the home buyers who end up suffering for no fault of theirs. There may not be a major issue with 2bhks, as they may be as per the plan. at a cost of Rs 30000/- A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. If we bring Occupancy certificate requirement is mandatory at the end of building handover , Buyers are already paid huge percentage to builder and not much options to buyers as they may not hav so much knowledge . However, the applicability of GST is not on completed constructions. Builder cant officially offer you the possession of this apartment in absence of OC and CC. E: adv.yusuf.rampurawala@gmail.com. Dear Gayathri, The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate. The proud owners of the new home were unaware of the trouble that was to come. There are however some exceptions asCo-operative Housing Socities (CHS)are not allowed to levy maintenance charges based on the area of flat of members under MOFA. Send a legal notice, review a legal document, etc. Dear DIPAK, Donot take possession without proper.amenities and registration and demand from the builder.damages. Hi Srikanth. The classification of highrise itself needs a complete relook. Lawyers are available now to answer your questions. Occupancy Certificate is also knownas Possession Certificate (PC). Moving into a house without the occupancy certificate is illegal, and beware if your developer insists upon providing you with this critical legal document later! I have purchased a flat in Aluva, Kerala, India. The Apartment Ownership Acts in various states in India make it compulsory for an owner or builder to possess a completion certificate, in order to avail of basic amenities like water and electricity. Please do let me know on further information.. 1. Completion certificate V/S Occupation Certificate - RERA Filing Succession certificate .Like to sell a plot in the name of deceased. he is telling us to register our flat,without completion certificate as their is no work pending in the complex and says completion certificate will be given in few months,all this by 31st march as new rate will be applicable from 1st April 2013,i have paid 95% payment as per schedule. Renting properties without completion certificate - LandlordZONE If you have already occupied the property, get your OC at the earliest. Must have documents from the builder during property registration ft. SE CESS -> 1% of S.T. Advocate, Mumbai. The occupancy certificate: why it is now more important than ever 1)Builder cannot allot flatwithoutobtainingOC.Law clearly state that no person shall occupy or allow any other person to occupy building or part thereofwithoutobtainingOC.In certain cases partOCalso been granted . I am not sure about the time-line. 56000 (Rs.50/- per square feet). Lawyers are available now to answer your questions. What is an Occupancy Certificate in real estate? - Housing.com 10. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). As per this statistic, hundreds of buildings in the city are being occupied without being issued an OC. All that is needed is Political Will. makaaniq is an initiative by makaan.com to provide information, intelligence and tools to help property seekers and real estate industry players take an informed property investment decision.makaan.com is part of elara technologies pte limited, singapore which also owns and operates proptiger.com, a digital real estate marketing and transactions services provider. May I please know if registration of flat without occupancy or completion certificates or any other certificates that builder needs to get be valid. The GST Council also reduced GST rates on affordable housing to 1%, from the current 8%. in between we paid balance with gst. I think this building i which i plan to buy was part of a larger project which got shelved for whatever reasons.. My concern is that should i go ahead and buy the property though it does not have full OC and only partial OC as banks are giving loan on the same. if you want any further information or any other advice then contact me without any hesitation through administrator of this website, Connect with top Property lawyers for your specific legal issue, The information provided on LawRato.com is provided AS IS, subject to. Should I buy it? So, your previous payments may still have 12% GST rate and your builder may have to pass on the Tax credit (if any). When there are blocks or phases of large projects to be developed with varying completion dates, the concerned authority can grant a partial occupancy certificate for the completed phases/blocks. In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations. No need to pay maintenance fees till you take possession legally. Dear Rahul, But delivery of the flat will take atleast 6-8 months as they say because many works still pending. Am i leagally binf to pay the money ?Without being in physical possession or the registration is being done on your name, you can refuse to pay the maitenance. I believe in the absence of OC builder cant even raise the final demand for payment. In many cases, though the building plans are approved, OCs are denied due to other violations. If so whom to approach? The importance of OC and CC cannot be overstated. A Project with a Partial OC has its own risk (may not be a very high risk one!). You may purchase it, because of following reasons, there will be no risk. 1. Thanks!! Builder-buyer agreement: Facts, terms and conditions, legality. At the time of refund somehow builder negotiated rate again we retained our flat rather booked 3 bhk. In cases where the developer has not obtained the completion certificate yet, a buyer can approach the local municipal authorities individually, or form a residents welfare association (RWA), to ensure that the process is completed before they take possession of their properties. 310. Builder has added the Metro charge of Rs. Yes, I think so. In India, homebuyers of under-construction flats, apartments, and bungalows pay 1% GST (Goods and Service Tax) for affordable housing and 5% GST on non-affordable housing. somehow construction was stopped for 1 yr and due to miscommunication we cancelled the flat. Its crucial for a buyer to cross-check rules in the state concerned before investing as many states have kept the ongoing projects out of the ambit of the Act. FAQs on the Real Estate Sector under GST - ClearTax You can delay the registration process if there is no probability for procuring OC in the near future and insist the builder to procure the same before registering the property, the possessionletter is not OC. However, this certificate is valid only for six months, after which the developer needs to apply for the final certificate, once the construction is complete. In addition, the residents of the building are paying property taxes (this is not allowed in the case of illegal structures). OC is crucial while applying for a home loan or loan to purchase a resale flat. Occupancy Certificate: The Occupancy Certificate, commonly known as OC as well as Completion Certificate, is the most important document of all. You are not liable to pay maintenance if OC is not received and possession not offered. * Revised GST Rates on Real Estate Properties | Latest GST Rates for Under-Construction Properties. Our building is around 10 years old without OC in Thane. Staying without oc is a offence even for builder as well as flat owner. do i have to pay 12 gst on total amount. Dear Sharadamani, Inserted by Act 32 of 1986 w.e.f. This not only broke down the system, but also fuelled corruption.". It is the responsibility of the developer to obtain . 2. The deregistration documents may also be delivered via a messenger. Please advise on LTCG AND utilisation of sale of pune plot amount after about a month or so. See legally you cannot occupy flat without OC seek OC and compensation from developer. What benefits I could get in this case? ReLakhs.com is a blog on personal finances. Consumer complaints court is the best place for this. Thanks in Advance. Owner is telling dont worry A khata we will get it down the line. Applicability of GST on completed Flats - Tax Guru how to get building completetion & occupancy certificate 3. No need to pay maintenance as that property not belongs to you untill you register. ft) constructed in one of the panchayats coming under Coimbatore district. Your clarification would help 100s of people like me who are opting to buy/ build individual homes with home loans through small builders. I am planning to buy a 3BHK in Bangalore. Schedule a 15-minute call with a lawyer.Its quick, easy, and confidential!