What is the main difference between the Occupancy and Completion Certificate?

The completion certificate is issued to the builder/developer when the project has been completed per the approved sanctioned plan.

The occupancy certificate (OC) is granted upon issuance of the completion certificate.

A builder can only give possession of a flat to a buyer once the OC has been granted.

Who issues the completion certificate (CC)?

A completion certificate or CC is issued through the local authority after the inspection of the premises. The authority provides the CC if the developer complies with all regulations, norms and safety guidelines.

Is partial OC considered legal to take possession of a property?

A partial OC upholds the ownership right of the buyer, and it is legal for a homebuyer to take possession with a partial OC. It is valid until the builder receives an occupancy certificate.

What are the conditions when a builder is denied Occupancy Certificate?

There are multiple reasons why a builder is denied an Occupancy Certificate. For example, when there are deviations in the approved building layout/plan, such as when a No Objection Certificate (NOC) has not been received from the pollution board or airport authority or when the property builder fails to produce a commencement certificate or has not received it at all.

Who is responsible for obtaining the Occupancy Certificate (OC)?

A builder/developer is responsible for applying for Occupancy Certificate with the Municipal Corporation or development authority of the city/region in which the property is situated. The certificate is awarded after the inspection authority is satisfied that the project has been constructed under the approved building plan and mandatory norms.

However, in some cases, builders can avail of partial OC and offer possession. For instance, in mixed-use development projects, a builder can obtain a partial OC for a partly completed residential project and hand possession to the flat owners. In contrast, OC for shops or retail units in the under-construction stage can be availed later.

What is an occupancy certificate?

An occupancy Certificate (OC) is an important document that ensures the supply of basic amenities such as electricity, water and drainage system. The builder cannot give possession to the buyer unless the occupancy certificate is obtained.

What happens when a builder offers possession without availing occupancy certificate (OC)?

In this case, the homebuyer can file a legal complaint against the builder in the consumer court. A notice can also be issued against the property builder, asking him to hand over the document within a month.

What is the Form 22 of the Encumbrance Certificate?

Form 22, known as an encumbrance certificate proforma, is commonly used to request a certificate of encumbrance.

What are the details written on an encumbrance certificate?

Encumbrance certificates provided by the sub-registrar’s office provide information regarding property and ownership, mortgages, transfers of ownership, etc.

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