All You Need to Know About Occupancy Certificate

Last Updated on, June 27, 2022

An occupancy certificate is a critical legal approval for any completed building issued by the local civic body. It certifies that the building is now ready for occupancy and has been constructed as per all the approved plans and in compliance with the local laws.

Importance of Occupancy Certificate

OC is an important legal document that authorizes the safety of the property. OC serves as a proof that the construction of the building is complete and it has adhered to all the local rules and regulations.

– OC is needed for verification whenever you opt for home loans from banks and other financial organizations.

– You cannot sell your home at a good price if you do not have an OC

– Municipal corporation does not provide facilities like water, electricity and sanitation without occupancy certificate

– Without OC, the building can also be termed as illegal and the local authority can take legal action.

Note – Older buildings may not have an Occupancy certificate, but all new developments must have an OC

Who Can Apply for an Occupancy Certificate?

It is a developer’s responsibility to get the occupancy certificate and make it readily available for the future homeowners. In Maharashtra, the Municipal Corporations, Councils, Local Approving Bodies issues the occupancy certificate.

How To Check the Occupancy Certificate of a Property?

According to RERA, it is mandatory for all the builders to update the status of the project regularly on the RERA portal. If your property is registered under RERA, you can check the occupancy certificate online on the web portal of the respective state’s RERA. Read our article on how to check the RERA details of a project

If you’re not able to find the OC on the RERA portal, you can directly reach out to the local authorities to know these details.

Difference Between Occupancy & Completion Certificate

Occupancy Certificate Completion Certificate
OC certifies that the building construction is in line with the approved plan and it can be occupied now. Completion certificate certifies that the construction of the property is complete and it adheres to all the rules and regulations set by the Government.
An occupancy certificate authorizes the house owner to legally stay in it. A completion certificate does not allow the owner to stay in it. An OC is a must-have approval to possess or occupy the flat.

FAQs

Can a developer ask me for 100% payment without an occupancy certificate?

You can pay a certain portion of the payment from the total amount. However, you should not make full payment to the builder if he has not yet obtained the occupancy certificate.

Can I sell my house if the building does not have an occupancy certificate?

If your property does not have an OC, there are chances that it can be considered illegal. If the buyer of the property is looking to avail a home loan, OC is one of the important documents to submit. It’s essential to have an occupancy certificate if you wish to sell your home. However, you can even sell it without an OC on mutual understanding, but you may not get the best rates.

 

Note – Older buildings may not have an OC in Mumbai

What is the difference between fit out possession and OC?

Fit out possession or soft possession is given to home buyers by developers typically once the construction is completed and while the OC application is in progress, primarily so that the home buyer can start their interior work and move in once quickly the OC is received. Fit-out possession does not entitle a home buyer to start living in the apartment. An occupancy certificate is mandatory before residents can move in. Occupancy certificate provides a legal recognition for occupying a property. With OC in place, you get access to basic facilities like electricity, water, sanitation and other essential facilities.

Bottom Line

Occupancy certificate is one of the most important approvals of a project. As a property owner, you should check that the property you buy has an OC. At Marathon, we are committed to transparency and share all the essential details of our projects upfront.

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