Registery of flat without completion certificate before 31st march 2013
lexbery
(Querist) 20 March 2013
This query is : Resolved
i have purchased a new flat in a complex which consists of 5 similar building of G+4,subsequently the builder was allowed to make 1 more floor on 4 of these building in 2012,my flat is in the building which is in between of two building in which floor increase was allowed,in my building floor increase has not yet been allowed and the builder has completed all construction till g+4 with roof,and says we shall do floor increase when we get permission.i have the floor plan of 2010 of our building which mentions a building complex of g+4.
now my problem is my flat is on the 4th floor of the said building in which floor increase has not been allowed but the building on either side are of g+5.,the builder has got completion certification till the 3rd floor of my building and completion certificate of all other buildings.
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.
so i want to ask is
1. has he done more construction (used up all Floor area,by adding 1 extra floor in other building)and so my floor has now become illegal?
2,why is he not getting completion certification of 4th floor,can i safety do regisrty of my flat without completion certificate and possession certificate of the flat?,the builder says he shall make a deed in that way.
regards
ajay sethi
(Expert) 20 March 2013
you should always buy a flat after building has got OC and BC .
but since you have already paid 95%money it is in your interest to get agreement regd as soon as possible .
in your case builder has approval for construction till 4th floor . register the agreement .
if builder does not get OC you cna move consuer forum for necessary reliefs
lexbery
(Querist) 20 March 2013
dear sir,
please give the full form of OC and BC?
i have a registered agreement withe the builder of 2010 which clearly mention balance 5% payment on possession.
he has told he will make a new agreement and deed for registry.
most important question can i go ahead with the registry?and has my my floor become illegal?
ajay sethi
(Expert) 20 March 2013
OC is occupation certificate and BC is building completion certificate .
your floor is not illegal as the buillding plans have been sanctioned till 4th floor and you have flat on 4th floor .
lexbery
(Querist) 20 March 2013
dear sir,
i got a call from the builder just now and he has said that their shall be a new deed made,i presume he shall force me to sign a agreement which will relieve him of the responsibility of getting OC and CC.
should i go ahead and do the registry of the flat??
what are the reason for no OC and Bc,as all amenities are available like water and electricity
as per your reply that i should take a flat after oc and Bc,this is a under construction complex.
Devajyoti Barman
(Expert) 20 March 2013
Without sanction of plan for your flat , it is too risky to buy the same unless the same is coming at throwaway price.
V R SHROFF
(Expert) 20 March 2013
Get it registered.
Demand is so high, people register Flat , before construction start..
It is Legal & Valid, and Bank provide Loan too.
prabhakar singh
(Expert) 20 March 2013
Weigh the situation yourself in the light of guidance given here by experts and then proceed accordingly.
Raj Kumar Makkad
(Expert) 20 March 2013
You have rightly been advised by experts.
lexbery
(Querist) 21 March 2013
dear experts: Devajyoti Barman,V R SHROFF,prabhakar singh,raj kumar makkad
i beg to submit following info again,i think it has been missed understood.
1.the building is fully constructed,and all amenities is available
2.i have the sanction plan which mention g+4 3.he has got partial completion certificate of the building till 3rd floor,
4.i have a registered agreement with the developer
the only query is should i do registry with completion certificate and
how and what could be the reason for the builder for not getting the certificate of the 4th floor
request all to advise appropriately
ajay sethi
(Expert) 21 March 2013
yes register the agreement . builder is not relieved of his responsiblites of getting an Occupation certificate . if he fails you have a remedy . you have already paid 95%of consideration .
