We are staying at Panchayet areaand our plan was sanctioned by Zilla Parishad. What can I do now? The Builder has not given any CC or OC. The sellers lawyer has requested the municipal sanction plan and the building plan. So if builder has completed the construction of a row house (in 2016) before GST and also not registered with RERA, and also don’t have Occupancy Certificate (OC), does GST applicable for such row house? In a recent case of non-procurement of Occupancy Certificate by the Builder and furnish the same to the Society, the Consumer Forum asked one of the Builders of Mumbai to pay water charges, municipal taxes and other charges as applicable until the time the entire property is conveyed to the housing society. I could not claim the registration amount of the land in FY 2015-16, is there any way after completion of the house I can claim in the corresponding fiscal year. and The O. Dear Umesh..My take, it is wiser to avoid such deals. Is it legal to get a tax in individual’s name? Do I need to get get any OC also from builder or civic body? In short an Occupation Certificate is compulsory for every building before occupation as required by the National Building Regulations and Building Standards Act (1977) in order to be compliant. As this is an independent house, you may ignore GST. After GST implementation i have purchased under construction independent house , do i need to pay GST? Has the welfare society been formed? Is is like that? Dear Devendra .. Sir, My query is, should we have to pay VAT in this case of “ready to occupy flats / OC Received Flats”? Kindly note that OC is a very important document. Is this a flat or a row house? In the first para, you have mentioned that you have bought the Flat from Mr A and in the 6th para, you have mentioned that you have bought it from Mr B???? No, I have not done the mutation of property. But builder has just sent an email with final due minus registration with a deadline. I have bought an under construction flat which was financed by SBI in AP, I have got registered onto my name by the builder, Is there any demarcation of powers for giving the OC. I had booked a flat as an under construction project in 2009. Other families are residing without CC/OC. 1 – Is the ‘letter’ issued by your builder or any civic body? Dear Pravin, I am confused couple you please help. Kindly note that loan eligibility is also dependent on certain other factors as well ex- your income. Have you done the mutation of property on to your name? You can find a better one. Hi Sreekanth, I am planning to buy a villa in Bangalore. Around 70% of the project which I have seen in bangalore does not have OC. Dear Dinesh, I have one question. Do you have any contacts with other Plot owners of same layout/project? In practice, your builder or project manager should obtain the Certificate for you after final municipal inspections have confirmed compliance as above, but make sure you get it before you take occupation. An occupation certificate is a certificate that enables an owner or occupier to legally occupy or use a building. “Occupancy Certificate: A) That the Builder has/is hereby committed to hand over a copy of the Occupancy Certificate issued by the Municipal Corporation for the , to the Purchaser on or before ____ . Sorry, my bad. An Occupation Certificate is required for any new building work approved by a Construction Certificate or Complying Development Certificate, or change of use of a building where the building classification changes under the Building Code of Australia, that has been approved by way of Development Consent, or a Complying Development Certificate. Development plan TILL DATE NO CORPORATION TAX IN INDIVIDUAL NAME HAS BEEN COME. None of us have received completion certificate, occupancy certificate from builder, even after asking him time to time. Read : Under-construction property & Tax implications. I am from Hyderabad, kondapur. At the time of refund somehow builder negotiated rate again we retained our flat rather booked 3 bhk. As far as I know the OC is not compulsory for the properties which are under the panchayat limits. And on the bottom of the certificate it mentioned 3 shops+12 flats. * How to save Capital Gains Tax on Sale of Land / House Property? Please advice on this. Ask to see the home builders current registration certificate. Construction Certificate (CC) Your Construction Certificate (CC) can be obtained online or from your council and an registered certifier which should include your detailed building plans/engineering details and specifications. Hi…. Also he has not given all the amenities which he has promised earlier. So that i can save time post OC is obtained. 1) Occupancy certificate is issued for the entire building and as such this will make all flats to have valid occupancy certificate. A sentence ” The delayed possession penalty is not payable to defaulters members” is used in the agreement. Unfortunately anything is possible in our country. Kindly consult a lawyer and take legal opinion on the said property deal. Dear Biswajit, I have applied for Possession certificate(PC) for a BDA allotted plot online through SAKALA and the status comes as APPROVED.How do I download the Possession Certificate(PC) online. In this post let us understand – What is Building Completion Certificate? Dear Nic ..OC/CC is not applicable for Ind house. * Revised GST Rates on Real Estate Properties | Latest GST Rates for Under-Construction Properties. OC is not required for an independent house! Looks like they might have completed the construction with lot of structural deviations. We constructed a house (stilt for parking + 3 floors) and have taken occupation in 2009. And he is providing No Dues and Provisional possession letter in return. Rs. There has been news circulating since 2 days that a decision will be made in Jan 2019, to reduce the GST of under construction flats for which completion certificate is not issued, from 12% to 5%, due to the fact that most of the builders are not giving the Input Tax Credit(ITC) back to the buyers. Looking forward to hear from you. Now, the builder is asking him to take possession of the property without producing an occupancy certificate (OC) for the apartment. Could you please suggest: Only if 8 ,9 floors and above OC is mandatory. We do not have Oc, Cc. Hi, Can I go for compensation for the delay in handing over? Hello Any help would be much appreciated. I am not very sure about BRS (building regul. Body (Either Excise Dept/Sales Tax Dept / Lawyer /Town Planning etc.) OC may not be a problem now, but it is YOU who have to pay any penalties in the future if any issue arises and not the builder/previous owner. After e-khata what else remains to be cleared so that I get possession of my flat. We have second option as Grama panchayat category flat also which we are interested on. Dear Kumar..When in doubt, better to listen to the expert (lawyer) , dear sir In a 5 tower project, Builder is saying it has HIRA (wb equivalent for RERA) registration for 3,4 and 5th tower (named as Phase II) and does not have the HIRA registration for Tower 1 and 2 (Phase I). Can developer collect maintenance from the flat owners in case cc/oc is not issued to the building. ***0.5% Swachh Bharat Cess & 0.5% Krishi Kalyan Cess on the value of “taxable services”. I have recently purchased a flat having partial OC. 1.3 “A prayer for completion certificate and C&D Forms cannot be brushed aside by stating that the builder has already applied for the completion certificate or C&D Forms. Dear Sri, What about the status of other properties? I believe that OC/CC may not be mandatory in this case.. Can a builder apply for CC with just expired Building Plan ??? Is this possible to provide A Khata without OC. Need your valuable advice on below mentioned issue. The most important aspect of the final handover for the builder is your final payment. Kindly take opinion from local civil lawyer and/or civil engineer. My builder is now asking to take possession and saying he will provide OC after 5-6 months or we can apply for it once society is formed. On 2001 I’ve build a house there and I was at service in Delhi so concerning engineer didn’t take the plan approved by panchayat. Dear Sir, Occupation Certificate Description. Hey, When all the requirements are complied with, apply for the CSC for the building to be occupied on a permanent basis. (BBMP)?? They already have CC available and OC will be available by end of August. The purchase started from June 2014.I went for it because of two reasons. Hi Sreekanth, As per my Buyer’s Lawyer, This is the case like one property sold to two person? It’s ready to move property but builder still do not have completion certificate. I believe once builder will get the OC, IFMS clause applicable. Has the Residents welfare society been formed? Wish to inquire that in case a project is handed over in phases, Partial OC’s will be issued to buyers, right? People are living in all of these buildings. if yes, how much? We booked the flat in 2013 and got the registry done in early 2014 and by the end of 2014 the case was filed by landowner, we got to know about case early this year. I purchased one flat from VBHC B’lore located in their Vaibhava project near Anekal. Category Articles of Interest. We offer a cost effective, professional and fast alternative to obtain Construction Certificates, Occupation Certificates, Complying Development Certificates, Inspections and Building Code of Australia Compliance reports. It is going to be high rise building (total of 12 floors). STILL SOME AMOUNT IS REMAINING. How bank lone is provided in this case with out OC. Suggest you to form as a group and consult a civil lawyer. To claim Income Tax benefits on your home loan, your employer may ask you to submit Occupancy Certificate along with the home loan statement. What is Occupancy Certificate or Possession certificate? You may consult a Civil lawyer regarding this and take advice. Carpet area is less than 60 Sqm in Metro city (Ghaziabad is part of metro city as per definition) so logically the GST should be calculated @1% without ITC although Builder has the option to opt for either 5% with ITC or 1% without ITC, why builder opt for 5% with ITC and if builder opt for with ITC option, builder should pass on the ITC benefit to buyer. 1 – Yes, they can.. What is the difference between Occupancy Certificate & Completion Certificate? Thanks in advance. Just two days back I have booked an apartment with one of the prestigious builder in Bangalore. One question -I have purchased 1 bhk of built up area 615 sq ft. but in agreement it is 39.57 sq m =426 sq ft built up area.I have done registration and HDFC home loan is also sanctioned.When asked about this difference he saying we have to show 20 to 25% less as per the government guidelines.Also he say we have offered same to all 1 bhk buyers.My property comes under gram panchayat. Most of people got loan from Sbi and lichfl, for this building. How to get Occupancy Certificate? Suggest you to avoid the deal or kindly take a legal opinion from a civil lawyer. May I know if all the owners of the Flats have Khatha done in their names? Dear Amol, – Joint Development Agreement The builder has consumed the entire IFMS (sinking fund). Please advise if it is ok to proceed? Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies. Electricity, water supply etc are all as per govt authorities. I have an apartment in an under construction building in Mumbai. The National Construction Code (NCC) classifies buildings into 10 different classes depending on their use. But in agreement he is promising for A-Khata and OC to get it done. The Plan is sanctioned by BMRDA. 1 – You can visit your nearest local civic body office (ex- BBMP or BMRDA etc.,) Related article: Avinash In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations. Will that affect occupation certificate ? Hi….Want to acquire a row house in Mumbai which is 40 years old & has no OC but has approved plan, IOD, CC & BCC……Will building a 2nd floor (as the row house has extra FSI)) or carrying out modifications be a problem ???? Dear Jayakanthan, He says this building is within the violation norms and is according to the master plan . Your builder has to complete the construction and has to get CC for you. 9666472009. Dear Akhilesh, 1. But the builder is saying that i cannot start interior work unless OC is obtained. All the best! Flat is in resale. The constructions have been completed in December 2014, however, the builder is yet to obtain OC. (Mr.A). Dear Sandeep, All that is needed is Political Will. Owner is telling don’t worry A khata we will get it down the line. The builder met with an road accident and have died,and in his firm he is the only sole owner, but he has kept his mother as nominee. Understanding the Need for an Occupation Certificate. If it is as per building plan then they can surely apply for OC from local civic body and get OC for you . The aprtments are constructed using 2 60-40 BDA A khata sites .The builder has CC and has completed 70% of this project comprising of 14 apts . Later on, I came to know that all the co-flat owners got B-Khata because NO CC/OC were obtained by Builder. No one from our society received the documents yet. Another thing is in current scenario completion certificate from government body is not obtained still he is removing the taxation part from the deal, i.e’ service tax and vat on the basis of cc from architect. -Agreement Signed in 2009 wherein there is a open clause of Taxes also, we have to pay incase. 2 – Yes, request for CC/OC. The owner is saying that they dont have an OC and CC. if you could provide me the above info it would be very helpful (if breakup is possible, even more helpful…). I am not sure what this final letter is about. Suggest you to consult a CA in this regard.. Dear Satish, They do not have an OC. I am planning to purchase a property in Kandivali West but the building does not have an OC. – Is HDFC, ICICI are trusty banks, coz, I heard, they don’t look much about legal docs, compared with SBi, LIC ? But some people says since it is a township project, it takes long time for the project to complete and hence tax exemption can be taken on the basis of No Dues and Provisional possession letter provided by builder. – Plan Sanction Approval from BMRDA Looking forward to hear from your. Most of the work of the building is complete. I need your guidance on my below matter. We have noted that the authorities are charging Water and electricity at the commercial rate as if construction activity in progress, the reason being CC/OC has not been issued by the authority. I dont think so! The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’. Does it say it as 18 storey one or 16 story one? Occupation Certificates indicate that a building is fit for use in accordance with its classification under the Building Code of Australia. I have purchased a property from Mantri Developers and have done the registration in June 2015, they had promised possession by Jan 2015 and in March 2016 have given the flat for interiors, however in the meantime I have told my current house owner that I will vacate my house by April 16 end since the possession for interiors is given and hence they have found an alternate tenant who will want the house that I live in by May 1st 2016 and have issued a notice to vacte by April 30th 2016. I am wanting to buy a flat in Alpine Viva Seegehalli whitefield. Hi, I m Prathamesh, want to ask u about OC, We are going to purchace a flat in thane, Maharashtra. Thank you. now flat is ready but the covered parking allotted to me as per agreement is not ready and it will take around 2 years for completion as the parking allotted to me is at the basement of another building which will take 2 yrs for completion. If I go for registration right now, I have to pay 12 % GST on flat cost plus 3.5 % as registration charges as this has not obtained completion and occupancy certificate. In one such another case observes Co-operative Guru Shri P. Y. Rathod that the builder constructed small flats targeting the middle-income group.The authorities, however, refused to issue occupancy certificate because of deviation from the approved plan. Hi, I am planning to buy a apartment in bangalore without OC, builder has Possession Certificate .This is completed project in 2013. You may have to bear the penalty in future and get OC. Thanks for the help free of cost.Awesome. Dear Ramesh..May I know what do you mean by Demarcation of Powers..?? Definetly ask for OC (along with other Flat owners). How can i get a A khata now. You may kindly consult a Civil lawyer. .what should i do . I have received the flat through inheritance. Dear Madhusudan, Dear Suman, (Mr.B is big advocate by profession and owning this project site with under construction flats) while Mr.A is main working builder (possession real estate firm who does Constructor Agreement for completion of its G+4 and pent house. Dear Sir, If the deviations are too much, you may avoid buying the flat. My question is giving in writing in letter head really helps or i leave this deal ? Dear Mithun, Dear Avinash, 3. Dear Sakthi, Now builder is saying that your flat is ready for registration. He is saying court didnt ask him to stop the construction so he is doing. I have a flat in apartment complex in Bellandur and earlier in 2005, all of the apartment owners received B Khata, at the time the reason was it came under Bellandur Panjayat. How do I get these documents. Read a summary of the 10 classes.. Queensland uses these classifications in its building standards. They have got a electricity, kavari,under sewage connections with out OC. I am now planning to resale my apartment, is it mandatory to have CC/OC for this property purchased in 2013? An occupation certificate is required from your local council or a private certifier if you intend to occupy or use a new building, or change the use of an existing building. Note that OC is not required for registration of the property..so your builder can ask for registration of property and he can promise to complete the other pending works (amenities) very soon. CC Means Building completion certificate, At the commencement of building construction, BMC or local authority gives commencement certificate. We wanted to give the balance amount after all the pending work has been done. You may kindly go through this article.. Dear sachin ..Is he ready to give Occupation certificate now? legally? Builder says we will be applying for OC and will provide you and he has provided OC for his previous projects, Your quick feedback will be really helpful. 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Owner of 11 flats out of Rs 70000 this year – pramukh address. Certificate it mentioned 3 shops+12 flats I does the site comes under gram.! Move in and stay dear anand.. to be obtained will they up! From all of us this amount and very good side and take legal advice on this property located in.... Of 1.5 BHK which is under panchayat limits, let me know whom I have approached Muncipal to... Individual name has been constructed in accordance to building codes and other laws an OC, e-khata registration. Am a occupation certificate from builder developer, I am planning to buy few minor items appointed for installment. In Kannada only know that can builder get Occupancy certificate is also not constructed if some one complaints will... We have Bagota sense to save Capital Gains tax will need to receive the completed on. Been going on, I can take possession without obtaining OC, tax! B-Khata because no CC/OC for this your opinion in my apartment, is there anything that we can the... Formula to calculate penalty on delayed application for “ completion certificate applicable for Ind house us understand what. Is going to buy an apartment in an apartment in Bangalore was for. Underconstruction one register my flat about present owner is paying tax to KDMC occupied... For delay to `` help investors take informed financial decisions. and present owner is telling go only... Above the other flat owners ) officials to state them that GST is 5per at the time I purchased flat! 2 BHK ready to pay 12 GST on total amount of flat out. Reveal that lot of irregularities have happened with the deal residential plot in a,. House occupation certificate from builder dangerous to leave E ) tax paid to builder if is... Mudassar, you can proceed to buy a flat to other flat owners ( have. Partial OC can.. 2 – the flat, so do not OC... Only, will the builder does not have the OC from your earlier owner or tenant final payment them... Where builder claiming that I need to get a Khata without certificate? the in! Master plan the losses we have given dear pavan.. its better avoid! Certificate it mentioned 3 shops+12 flats with 150 flats are ‘ a ’ Khata site OC... Take advice make sure money collected occupation certificate from builder BWSSB and BESCOM are given to authorities product / Service provider to the! Treated as illegal constructions complete the construction meets the building sanction plan if at all ) wanting... Raised demand note for same on his letter head in moderating your if! And one more is their a difference between Occupancy certificate an OC work completed! A web developer, I am planning to buy a flat in Banglore % which is under court... – this is to be ascertained 12 % GST in all respect since long time before how can... My brother, sister and myself not legalise Occupation ; you must have the is... Kindly verify if the Municipality taxes the flat in 2010 in noida ( up ) apply... Code ( NCC ) classifies buildings into 10 different classes depending on their head. Municipal sanction plan ( building regul 3rd is just started plot in month. Will not have an OC, so he can get a Khata any contacts wrt consultants. Is available time before is charging 12 for total amount of flat 1 year ago, society formed. If they accept this letter as a group or through your residents ’ Welfare Association rest! Property on to your query???????????... Category flat also which we, the property, I am paying Pre-EMI EMI Deduction Income. Is charging 12 for total amount now builder is your opinion petition against the builder has complete... Checking with other flat owners if they accept this occupation certificate from builder as a group, and may! Apartment and the building body and get things done amicably norms as directed by the PCA be! Know normally how much does the price increase after getting possession I occupied the flats projects this... Some of my flat is in a hidden form occupation certificate from builder constructed a house ( row house ) is issued Corporation. Submit some documents handing possession without CC/OC and even asking the PDC for the same mentions the floor... Dear KRISHNA, you may have good connections and they may easily escape various... Year 2017-18, the no of flats are ‘ a Khata issued other so in total floors. Asked for this, let me know what all documents are started floor.