Published On: Thu, Dec 3rd, 2009

The Builder is obliged to give the Occupation Certificate

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The Occupation Certificate (OC) is an important document for those purchasing flats under the MOFA (Maharashtra Ownership Flat Act), and must be acquired before possession of property. Consumer courts will support the purchaser if the said is not done by a developer.

Recently, a Consumer Disputes Redressal Forum ordered a developer to give a purchaser OC within four months.

A recent case
As per an agreement in September 2006, the purchaser bought two flats in a locality near Powai Lake. After paying the agreed amount for the flats, a remainder of one lakh per flat was agreed to be paid on possession. The possession was promised within 12 months from the date of agreement. The promise was not fulfilled

The OC or the Completion Certificate however, was not provided as promised. The builder was notified; failure to respond prompted the purchaser to file a complaint before the Forum and also an application seeking interim relief.

The developers said that the purchaser wanted to merge both the flats into a single unit, as per the letter in September 2006. And since this was against the building’s approved plan, he was to do so at his own expense after getting an approval from the sanctioning authorities. Since the purchaser failed to set what he had planned the OC couldn’t be obtained from the authorities.

The forum maintained that the developer should have fulfilled their basic obligation of constructing the flats as per the original plan. The flat’s construction is incomplete even after three years. The modifications were at the purchaser’s behest. The developer had received a payment of almost 98 per cent of the final agreed amount, and in spite the flats were not finished.

The developers claim that the work was completed and possession handed and will appeal against this order.

Importance of Occupation Certificate (OC)

The OC, issued by the local municipality, stands for the completion of the property as per the approved plan, so as to be fit for occupation, and should be in compliance with all concerned laws.

Many get possession, though not the OC, due to which the municipality can either evict or impose penalties. Without the OC, the possession is illegal.

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  1. pritee mistry says:

    The builder yas not given us occupation certificate since 4 years. as a commitee members what we can do to obtain the same? please guide

  2. DATTA says:

    i will suggest you make an RTI Application before Deputy Engineer Building Proposal Dept. Mention file no. on RTI, Reply of RTI and pay cost RTI charges obtain O.C copy

  3. raghu says:

    The builder was not given us occupation certificate since 4 years. builder asking some amount from society (as property tax) i enquiry to tax department regarding tax but they said that tax will aplicabe after OC only, ? please guide us

  4. raghu says:

    The builder was not given us occupation certificate since 4 years, can we take some legal action on builder?

  5. Rohit Kamat says:

    I hv purchased one flat at Naigaon . Our Wing is completed but rest wings are yet to complete. Builder is ready to give the possession to us but Occupation Certificate will be given after completion of all the wings.. Should I take the possession of the flat ? Please advise.

  6. shaikh zakir hussain says:

    why the builder is giveing the posession without obtain the oc which the people has to suffer their should be stric law should be there so the builder should not hand over the posession unless the oc is obtain

  7. Piyush says:

    We are staying in Mira Road from last 5 years but  builder is not giving us OC or details of FSI what we can do please guide us. 

  8. Biswanath says:

    Dear Sir
    My builder was promised me that he will give possession in the month of October, 2011. However, till date he has not give the same. Even he is not showing us whether he has applied for OC or not. So please give me some suggestion how I can go ahead of the same.  

  9. Avdesh says:

    Dear All,

    Please can you confirm me how I can get the OC or Occupation Certificate of building, as builder was not provided as promised.

    Except the OC, all the other things are uptodate like muncipal water supply, registered housing society,share certificate, annual maintainance baills from VVMC.

    Nalasopara(East)
    Achole Road Thane-401209

  10. AMRUT MORE says:

    Just last month I have booked one flat and after reding the agrrement copy we found land owner is same as till today and they have given permission for development power of attornety to builder/Promoter. In this case wiil the land of the building on the name of the society members after forming the society.

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