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Occupancy Certificate in Bangalore – How to Apply?

certificate of occupancy is a document issued by a local government agency or building department certifying a building’s compliance with applicable building codes and other laws, and indicating it to be in a condition suitable for occupancy. The Occupancy Certificate in Bangalore is issued by a statutory authority e.g.  BBMP or BDA in Bangalore allowing permission to “occupy” any property. It is required for commercial buildings and for residential buildings that have more than five units. Obtaining an OC is a requirement under the Karnataka Apartment Ownership Act, 1972. 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. Occupancy certificate is also required when the buyer applies for Khata.

However, note that the occupancy certificate is not needed for registration of the property during purchase currently in Bangalore (though is mandatory in some parts of India). This often leads buyers to believe that the occupancy certificate is not important.

Need of Occupancy Certificate in Bangalore

The certificate of occupancy in Bangalore is one of the most crucial documents a homeowner must possess. Once a developer completes a project, it is issued an occupancy certificate by the local town planning authority. In the case of apartments, the OC is issued for every tower which is completed. The certificate is not only a proof of the project’s completion but, it also implies that the development has been done as per the approved plan. It also implies the projects meets the safety standards that make it habitable for human beings. Akin to a degree certificate a student receives upon completion, a project is said to have been ‘passed’ by the local authorities once a project receives the occupancy certificate.

The occupancy certificate in Bangalore is pre-requisite when applying for Khata (a revenue document for the payment of property tax). Properties which do not have OC will never qualify for A-Kahata! If you ever plan to sell your house and the occupancy certificate is unavailable, then the resale value will be far below the market rate! Most nationalized banks do not approve loans to such resale properties which do not have occupancy certificate. 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! This document is also absolutely necessary when applying for water, sanitation and electricity connection.

Who is responsible for getting an Occupancy Certificate?

The builder/person who is constructing the flat/villa/apartment is responsible for getting this to the buyer of the flat/villa/apartment. The builder needs to fill an occupancy certificate application form, submit documents and pay required fees for the issue of the certificate. However, in case the deviations are up to five percent from the plan, then a fine will be charged based on the extent of deviation made. Once the fee is paid, the occupancy certificate will be issued.

Watch our YouTube Video for More details.

Occupancy Certificate

PROCESS OF GETTING an Occupancy Certificate (OC)

  1. Requisition for the issue of Occupancy Certificate.
  2. Filing application through online and submitting hard copy consisting of Schedule – VIII, As-built drawings & Photographs and CFO from KSPCB (Wherever applicable)
  3. Completion Certificate as in Bye-law – 2003, Schedule VIII (Extract Attached – Pg 2 of this document).
  4. Recent Katha Extract, Katha Certificate and Current Year Tax paid Receipt.
  5. Inspection of the Site by Engineer.
  6. Verification of as built with Sanctioned Drawing
  7. Fire Clearance Certificate –  issued by Fire Force and Emergency Services Department(For High Rise Buildings)
  8. Consent For Operation – Issued from KSPCB (for Buildings with a Built up area more than 20000 sq.m).
  9. Photos –  of Buildings
  10. Photos – Rain Water Harvesting System.
  11. Photos – Waste Collection System.
  12. Photos – Solar Water Heating System.
  13. Photos – Transformer yardVehicle parking system.

As mentioned by the Additional Director, Town Planning, Bruhat Bangalore Mahanagara Palike.

Eligibility criteria for Availing Occupancy Certificate.

Any developer of the property in the jurisdiction of BBMP area who has obtained Plan Sanction is eligible for this service.

Documents needed for the Occupancy certificate Request

  • Latest BBMP Khata certificate, Khata Extract, and Tax paid receipt
  • CFO from KSPCB and Fire Clearance (Wherever applicable)
  • As Built Drawings
  • Photograph

Sample Occupancy Certificate Image

Occupancy Certificate
Occupancy Certificate

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How BBMP treats the OC proposal

BBMP may treat the proposal as follows (ref: Cl 303+304 of KMCA)

  • Grant without changes
  • Grant subject to specific modifications
  • Grant with conditions
  • Reject

BBMP may ask the developer to take the following measures, for the sake of existing/proposed power/water/sewerage lines, new roads or widening of roads:

  • change the location of the proposed building,
  • provide open space or ventilation,
  • use specified materials for construction,

The developer must re-submit revised plans to comply with BBMP’s objections and conditions. The Plans must be revised thoroughly: They must not contain superimposed corrections. After the grant, the developer may apply for increase in permissible floor area the Developer must pay fees and penalty if modifications are proposed after the work starts, additional penalty applies The developer must deposit a refundable security deposit of Rs. 25/m2 and If the construction is not as per plan, BBMP forfeits this deposit.

Summary
Occupancy Certificate in Bangalore - How to Apply?
Article Name
Occupancy Certificate in Bangalore - How to Apply?
Description
How to Apply for Occupancy Certificate?
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2 Comments

  1. Pranab Kumar Mahapatra says:

    Dear Sir,

    . I bought a flat in Shriram Smrithi condominium, situated on the State Highway 35 on the Sarjapura Attibele road in the year 2013. Till date I have not received my Khata, OC and CC for the project.

    The project is spread across 20 acres of land and houses 1280 units distributed in 4 blocks. Most of the owners who reside in the Condominiums have been in constant dialog with Shriram Properties Private Limited for provisioning of the Occupancy Certificate, the Completion Certificate and the Khatas of individual units for over two years now. And till date Shriram has been telling that they are working on it with various authorities like the Anekal Planning Authority and the STRR to get the OC for which we have the emails exchanged between the owners and Shriram Properties Private Limited as documented evidences till July 2018.

    Since, there were no convincing answers from Shriram Properties Private Limited on the email, the owners group demanded for a face to face meeting with representatives from Shriram Smrithi Private Limited.

    After lot of pressure and persuasion the meeting happened last month, nevertheless to the surprise of the owners Shriram Properties Pvt Ltd came up with a document dated June 2016, issued by the Bidaraguppe Panchayat claiming it to be the OC. As per the regulatory and statutory compliance of the Real Restate Authority (RERA) the panchayat is not a competent body to issue the OC. Now the builder is trying to form a provisional committee by selecting a few hand picked people and move out of the Shriram Smrithi community ASAP without providing any valid legal documents to all the 1280 owners.

    Request your good self to help we owners by publishing an article exposing the loopholes and harassment we are undergoing day in and day out which will lead in getting justice to all the unit owners of this condominium.

  2. Sujit Kumar Gouda says:

    Hi,

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    We run a growing real estate portal in India – https://getmeroof.com and can provide you a quality post on the topic of your choice.

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    Regards,
    Sujit

    GetMeRoof

    +91-76764-71356

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