The reason, the BDA ignored the fact that the project was within BBMP limits and that the two blocks of the Mantri Tranquil were built on the storm water drain! The fact remains that the property buyers don't know the importance and meaning of occupation certificate in its true sense. This information asymmetry allows a builder to take customers for a ride.
It can be assumed and granted that the small budget homes will be made with little deviations and occupation certificate for the same should not be expected. Such homes have to wait for akarma sakarma to pay the penalty and regularise the construction to get the occupation certificate.
But how can you forgive the builders, who charge upwards of 75 lacs and do not provide valid and appropriate occupancy certificate?
Without OC, the building is technically unfit for occupation and hence in the event that any accident takes place, the occupants / users of the building can hold no one liable and would not be eligible for any insurance or compensation claims. Water, sanitary and electricity connections, if already obtained, are liable to get disconnected. The flat cannot be sold without the OC, though the sale happens in most cases, but you get only the buyers who pay the below market prices.
How to ensure your interest as customer?
- For any pre-launch property, demand for a clause in sale agreement that the occupation certificate would be provided for the property and the flat will be A-Khata.
- For any launched property demand a CC if the foundation has been dug, also demand for a clause in sale agreement that the occupation certificate would be provided for the property and the flat will be A-Khata.
- For any constructed property, demand the OC before you register the property in your name.
- Builders which built as per the sanctioned plan – including plinth, setback, height and floor area ratio.
- Facilities like club house, party hall, etc. if made out of concrete need to be in the sanctioned plan. Though, with advancements in materials and designs, it is now possible to construct such facilities without the concrete.
- Deviation till 5% may be allowed.
- All necessary clearances from related departments are already sought.