Reg occupancy certificate
Amit Chitale
(Querist) 25 June 2013
This query is : Resolved
Hi, I have purchased a resale flat in Dombivli. The building is almost 20 years old. I have applied for a loan in a nationalised Bank but they have raised 2 queries
1.The building does not have occupancy certificate
2. The property tax receipt issued by KDMC contains a remark (in marathi) 'अनधिकृत बांधकामावरील कारवाईस बाधा न येता'
I am not sure about both the queries. Is this building illegal? Now if I want to regularise both the things how should I proceed with? Please help me in this regard as this is very very urgent.
Amit
V.T.Venkataram
(Expert) 26 June 2013
Occupancy Certificate is an important document under Maharashtra Ownership Flat Act.It is the duty of the Builder to give it to you.Upon completion of Construction, the Builder receives this Certificate from the Municipal Authorities. The Certificate documents the location and land identification of the Building, certifies if the Building is in accordance with Building Standards, e.g., Distance from Road, Distance from Adjacent Buildings, Height of the Building, and other approved norms of the Municipal authority as well as the Building Plan.Please file a complaint against Builder and your seller in a Consumer Disputes Redressal Forum in your area and get Justice. Faqir Chand Gulati vs Uppal Agencies Pvt. Ltd. & Anr [2008 CPJ VOL III 48 SC],is a very important judgement and please go thru'it . [PAGE 62, PARA 27]
Amit Chitale
(Querist) 26 June 2013
Thank you very much sir for your reply. Can you please explain me about the second query raised by the Bank
Raj Kumar Makkad
(Expert) 26 June 2013
As I cant understood the meaning of Marathi so am unable to properly reply you on that aspect but in general it can safely be advised you to contact a local lawyer and follow his advice.
ajay sethi
(Expert) 26 June 2013
it appears to be an unauthorized construction . before purchasing flat had you spent some money on lawyer fees you would not have been in such a soup today . no bank grants a loan in respect of buildings which dont have OC from municipal corporation
