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sanjaysusvilkar   17 January 2017

Occupancy certificate

can you please guide me if builder has not given OC to our building. what is procedure we get the OC from another way. please guide how we get this OC without objection of Builder.


Learning

 4 Replies


(Guest)

It is the duty of the builder to get the occupancy certificate and not yours

Ms.Usha Kapoor (CEO)     17 January 2017

  1.       Buying property under-construction:

When you buy a property which is under construction, the OC is yet to be issued to the builder and it is not possible for you to get it. Once the building is completed, you should demand the OC from the builder. If the builder refuses to give you the OC, then you MUST NOT TAKE POSSESSION. In this situation you are protected under Maharashtra Ownership Flat Act (MOFA) and the builder is required to give you the OC by law. You can file an official complaint against the builder if needed.

If you take possession without the OC, then you are no longer protected by MOFA and the builder has no incentive to obtain the OC. Also, since the final payment to the builder is done before taking possession, this is an additional push for the builder to meet your terms.If you APPRECIATE THIS ANSWER PLEASE GIVE ME  A LIKE ONMY PROFILE.

G.L.N. Prasad (Retired employee.)     18 January 2017

Occupancy certificate is a public document of Public Authority, a certified copy of which can be obtained easily under RTI Act with RTI fee of Rs.10 and document @ Rs.2/- per page.  

Kishor Mehta (CEO)     18 January 2017

Sir, Occupancy certificate is issued by the Municipal authority after all the terms and conditions specified in the commencement certificate are observed to the satisfaction of the Municipal authority. Good luck, Kishor Mehta

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