Is OC and CC mandatory?

vikram
Posts: 3
Joined: October 19th, 2013, 5:39 pm

Is OC and CC mandatory?

Postby vikram » January 20th, 2016, 6:16 pm

Dear Friends,

Please suggest.

I'm planning to buy a ready to move 2bhk flat 1110 sqft in JP Nagar 7th phase. Its a G+4 apartment with 32 flats with a 30 ft road in front of the apt.

Question 1: Builder is having Commencement certificate and not providing CC and OC. Will this be a problem? Reason he is stating is for few flats on 4th floor they have constructed duplex flats (one floor/rooms extra) and and some other deviation 24%. Already 20 families are staying in the apartment.Will there be a problem in resale of the flat?

Question 2: Since this is ready to move in site, is VAT and ST applicable on this? What is the correct %ge. Builder is claiming 6.6% on (Reg value + car park + BWSSB fee).

Question 3: The flat I'm interested comes under land owner's share. Does the owner has to register the flat first in his name and then sell to the me/customer or can registration happen directly to me/customer after sale agreement?

Kindly suggest.

bhr2009
Posts: 34
Joined: August 17th, 2009, 12:57 pm

Re: Is OC and CC mandatory?

Postby bhr2009 » January 21st, 2016, 3:09 pm

AFAIK,

Question 1:
OC is suppose to be mandatory. But there are thousands of apartments fully occupied in Bangalore without OC. There was plan to force OC by not giving electricity connection etc. Not sure how far the objective is achieved. The other thing , deviation is also linked to OC since it will not be easy to get OC easily. If flats are already occupied (electicity/basic infra available) and the flat your are planning to buy is not part of deviation, you can continue with your plan of buying. As far as future resale is concerned, no one can predict.

Question 2: I guess VAT and Service Tax is applicable here also on flat value+car park + deposits. Not sure about percentage. If the price is above 50 lakh, as a buyer,you also have to deal with TDS while paying to seller. Search 'TDS on property sale' in google.

Question 3: I think it can happen directly. The agreement between land owner and developer gives right to sell for both. Ensure you get copy of this if you don't have one already.

VNarasimhaiah
Posts: 31
Joined: July 14th, 2009, 9:47 am

Re: Is OC and CC mandatory?

Postby VNarasimhaiah » January 21st, 2016, 4:13 pm

Hi,

CC and OC are mandatory for Apartments. Its basically something that BBMP Officers will be asking for, when you go to pay your 1st year's property taxes and also get your Khata Transfer done. I am part of the apartment association, of a flat which I bought a few years back and we are still working on Khata Transfer. BBMP does not allow Khata Transfer happen in your name, unless the CC and OC is in place.

In our case the Khata Bifurcation is also not done by the builder, we are facing a problem in this part too. When approached BBMP, the first thing they asked was if we have CC and OC. Hence pls. be sure that the builder will get you CC and OC (issued by BBMP) copies to you. Also ensure that the builder applies for Khata Bifurcation, so that you can directly apply for Khata Transfer.

Hope this helps!

Regards,
Venkatesh.N

manja
Posts: 19
Joined: March 5th, 2012, 12:04 pm

Re: Is OC and CC mandatory?

Postby manja » January 27th, 2016, 6:14 pm

Let me try to clear the confusion regarding certificates and its necessity and also the process flow.

1. First is builder applies to BBMP for sanction of his building plan.

2. When this is approved with or without modifications, it is called approved sanction plan.

3. Builder starts construction by putting up the foundation pillars. At this time BBMP will come and check if the building foundation is as per plan. If satisfied, they will give the Commencement Certificate (CC). Without CC you cannot proceed.

4. After building construction is completed, builder will hire a registered architect who will fill up and sign off the form of Completion Certificate. This basically means that the Architect certifies that the building has been constructed as per plan. The format for this called is called Schedule VIII. Remember there is no such thing as Completion Certificate from the BBMP.

5. Now the builder can apply for Occupancy Certificate for the building from BBMP by submitting the Completion Certificate along with the OC application form.

6. BBMP comes for physical verification. As per rules, if the deviation is within 5% of the plan, then after collecting the required penalty they will regularize the building and issue the OC.

7. In exceptional cases BBMP may issue OC for part of the building. But I have never came across any such instance.


OC is mandatory for any person to occupy a building. OC is mandatory to get khata bifurcated to apartment owners from the builder/landlord.

Paying property taxes without khata is like paying road tax for your vehicle without registering it. Govt will only be happy to collect money from you without any obligations.

prasadproperties.123
Posts: 7
Joined: May 4th, 2016, 1:57 pm

Re: Is OC and CC mandatory?

Postby prasadproperties.123 » May 19th, 2016, 8:10 pm

OC AND CC ARE VERY VERY IMPORTANT. If you buy any flat with out them is like financial suicide. The after effects could be, like in future when you make a resale the buyer may not get loan from Nationalised banks. Only some private banks give loans on higher interest rates. Making a resale could be difficult. There are many Horror stories connected to OC in Bangalore. Even Big builders are getting demolition notices and power and water disconnections. Plz refrain into buying such flats. You will be OC flats for the same price that you are looking to buy presently. Please research and go ahead.


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