Need help: How important is Occupancy Certificate ?

kalpeshc · 3rd May 2007, 16:49

Hi,
I have bought an apartment in Vikhroli, Mumbai and am planning to move in soon. But recently the site manager told me that they have not yet got any occupancy certificate and that will take another year or so. He has constructed 3 wings and there are approx 70 odd families living in them !

When I asked how they were living without occupancy certificate, he said that they gave the residents furniture permission (saying that they are renovating) and not a possession letter. He says that it is safe and that there is no issue. Also, I have to start paying maintenance from the day I get that furniture permission. I am not quite sure if it is legally right to go and start staying there (all water, electricity connections are working - only piped gas is nonexistent for the time being). He also told me that all big constructions are doing the same e.g. hiranandani, raheja, etc.

I am a little desperate to move there as the place I am staying in is not going to be with me for long. Any advice is appreciated.

kalpeshc · 4th May 2007, 09:29

^^ Anyone. This is kind of very important to me. I am sure some of you have gone through the process of moving into a new construction. I just need some advice and help in the same.

nik1982 · 4th May 2007, 15:33

People do move in without an OC but legally you are not allowed to stay in a flat without an OC. Normally when people buy flats in a new building they keep a certain amount of money held back with them and only pay the builder when the OC has been issued. There are many reasons the BMC does not give the builder NOC for the OC for eg illegal floor, fire safety, structuraly stabilty etc etc. This is a very serious issue and you need to consult a lawyer. Good luck

3rd May 2007, 16:49	#1
kalpeshc BHPian Join Date: Dec 2006 Location: Mumbai Posts: 535 Thanked: 137 Times	Need help: How important is Occupancy Certificate ? Hi, I have bought an apartment in Vikhroli, Mumbai and am planning to move in soon. But recently the site manager told me that they have not yet got any occupancy certificate and that will take another year or so. He has constructed 3 wings and there are approx 70 odd families living in them ! When I asked how they were living without occupancy certificate, he said that they gave the residents furniture permission (saying that they are renovating) and not a possession letter. He says that it is safe and that there is no issue. Also, I have to start paying maintenance from the day I get that furniture permission. I am not quite sure if it is legally right to go and start staying there (all water, electricity connections are working - only piped gas is nonexistent for the time being). He also told me that all big constructions are doing the same e.g. hiranandani, raheja, etc. I am a little desperate to move there as the place I am staying in is not going to be with me for long. Any advice is appreciated.
	() Thanks

4th May 2007, 09:29	#2
kalpeshc BHPian Join Date: Dec 2006 Location: Mumbai Posts: 535 Thanked: 137 Times	^^ Anyone. This is kind of very important to me. I am sure some of you have gone through the process of moving into a new construction. I just need some advice and help in the same.
	() Thanks

4th May 2007, 15:33	#3
nik1982 BHPian Join Date: Mar 2005 Location: MUMBAI Posts: 90 Thanked: 2 Times	People do move in without an OC but legally you are not allowed to stay in a flat without an OC. Normally when people buy flats in a new building they keep a certain amount of money held back with them and only pay the builder when the OC has been issued. There are many reasons the BMC does not give the builder NOC for the OC for eg illegal floor, fire safety, structuraly stabilty etc etc. This is a very serious issue and you need to consult a lawyer. Good luck
	() Thanks