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Swapnali K (executive)     25 January 2012

Occupation certificate

My society has 2 flats of builder which are given on rent. This builder has not helped in society formation and volunteers formed society on their own. Society has not got O.C. yet.

My question is...are these two flats of builder given on rent create any obstacle in the process of getting O.C. I am asking this question because our new chairman always gives excuses of the same (rented flats of builder) whenever I raise O.C. query in meeting?

How to obtain O.C. without help of builder?

Can you explain the steps?



Learning

 6 Replies

ajay sethi (lawyer)     25 January 2012

find out from muncipal corporation why OC not  issued . builder must have failed to fulfill conditions laid down by muncipal coproration for issue of OC . how did builder give posession of flats without issue of OC?

Swapnali K (executive)     25 January 2012

But now a days...hardly, I have seen that OC is given before possession (except few renowned builders). though staying without OC is illegal but...people prefer to take possession first because of further complications from builder side. and nobody has objection to that; neither builder, BMC nor Bank who gives loan.

my question is ...would those two flats of buider create any obstacle in getting OC now if we proceed further?

can u explain the stepwise guide for obtaining OC without anybody's help

ABHIJEET PARIKH (Bcom LLB MBA)     28 January 2012

Well builders possesion of 2 flats is unlikely to create problems if the membership is falling less than ten members 

with regard to your OC Query with regard to Mumbai Municpal Corporation is as under 

1. OC can be granted once the builder has properly followed the sanctioned plan or Last CC approved by BMC

Any Violation from sanctioned Plan OC will not be Granted 

2. Once the Structure is Ready it is builders duty to apply for OC but nevertheless society can also go for OC 

A request for Granting OC shud be made to BMC along with the actual / approved plans shud be given A BMC Sub Engineer or Asst Engineer from Bldg Proposal Dept Will Come to ur Site To verify whether the structure is made as per the sanctioned plan 

Upon their Satisfaction OC can be granted If they have can query or objection that needs to be rectified shud be done as early as possible 

Non consequences of not takin OC are 

Ur society can be peanlised by almost 40 to 80% increase in maintainence as compared to other similar OC granted building in your viccinity 

If at all water connection is given ur bill towards Water charges will also increase substantially 

If there are glaring changes in structure of the building which is not as per sanctioned / approved plan BMC can Demolish that part of structure 

Regards

Abhijeet

Swapnali K (executive)     28 January 2012

we are more than 10 members and have majority.

My questions are:

1)can u explain, how to approach BMC for O.C.(any format)?

2)What documents are needed from society side and builder side?

3)Do both have to go to BMC office together for the same (eg. signatures or something like that)?

4)Can society get it directly from BMC without help of builder? if, any document is pending from builder side then how to proceed bcoz members had fight with builder on property tax (which is pending since construction of the building and we are still paying for it) and above that now he is not cooperating.

ABHIJEET PARIKH (Bcom LLB MBA)     28 January 2012

Well ....

Der no specific formats as such 

Document u required will be the last approved plan sanctioned by BMC

U just have to write to BMC and society secretary can sign .

If any CC copies or Plan copies are with builder den it is clear that builder is likely to stall the OC process

Society Must get all the requisite CC's n Plans from the Builder

It is always advisable to hire the services of Liasoning Officer having good amount of network in BMC who can get ur work done

Regards

Abhijeet 

Swapnali K (executive)     29 January 2012

Thanks for the information.


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