What is occupancy certificate

In case of buildings in the jurisdiction of Bangalore Mahanagara Palike, be it residential or commercial, issue of Occupancy Certificate by the BBMP on completion of construction is a mandatory requirement under the City of Bangalore Municipal Corporation Building Bye-law 2003.

Bye-law 5.6 of the bye-law provides that every person shall, before the expiry of five years from the date of issue of licence, complete the construction or reconstruction of a building.

Within one month after the completion of the erection of a building, the person shall send an intimation to the Commissioner in writing of such completion accompanied by a certificate in Schedule VIII certified by a Registered Architect/Engineer/Supervisor and shall apply for permission to occupy the building.

The authority shall inspect the building, including whether the owner had obtained commencement certificate as per Section 300 of the Karnataka Municipal Corporations Act, 1976, and compliance regarding production of all required documents including clearance from the Fire Service Department in the case of high-rise buildings at the time of submitting application.

Then it shall intimate the applicant within 30 days of receipt of the intimation whether the application for occupancy certificate is accepted or rejected.

In case the application is accepted, the occupancy certificate shall be issued in the form given in Schedule IX of the Bye-laws provided the building is in accordance with the sanctioned plan. The bye-law further provides that physical inspection means the authority shall find out whether the building has been constructed as per the plan and includes inspections by the Fire Service Department, wherever necessary.

Bye-law 5.7 provides that no person shall occupy or allow any other person to occupy any new building or part of it for any purpose whatsoever until an occupancy certificate to such buildings or part thereof has been granted by an officer authorised to give such certificate, if in his opinion in every respect the building has been completed according to the sanctioned plans and is fit for the use for which it is erected.

Any prospective purchaser of a unit in any high-rise buildings should insist on the builder furnishing an Occupancy Certificate to him before purchase. This is because in case the Occupancy Certificate has been issued by the BBMP, it can be safely presumed that the building constructed is in order and deviations, if any, have been regularized in legal and lawful manner

Let’s rewind on important points again:

• Occupancy certificate is a mandatory document before you can start living in a apartment. It is illegal to occupy a flat if the Occupancy certificate does not exist for that builder.
• It takes only 30 days to get approval for a Occupancy certificate.
• Occupancy certificate will not be issued if there are deviations in plan or fire security is not followed. It is also not issued if the setbacks etc were violated.
• Occupancy certificate is not issued if there is a change of land use. For example, if there is a commercial enterprise running in a residential apartment.
• Lack of Occupancy certificate can lead to government taking away land for infrastructure projects, expansion etc.

CLPD, the builders of Suncity Gloria and their occupancy certificates.

• The suncity project on ORR by CLPD doesn’t have a complete occupancy certificate after 8 years.
• Euphoria, Zephyr and Genesis are three other projects of CLPD. None of these have Occupancy certificates. In fact the builder has never applied for them ever. If you remember the point I mentioned above, it takes only 30 days for approval. These buildings are over 4 years old.
• Suncity Gloria does not have commencement certificate. So the Occupancy certificates now cannot be issued.
• Suncity Gloria has more than 20% plan deviation. So Suncity Gloria will never be eligible for Occupancy certificate.
• Lack of Occupancy certificate is also one of the reasons resale rates are low in suncity properties. Because you never know, when government will become strict and throw its residents out.

Why CLPD doesn’t apply for Occupancy certificate

• They change land use, and make commercial enterprises on premises.
• They don’t provide fire safety standards to meet requirements.
• They deviate from BDA plan by more than 20%. These buildings need to pay crores to get regularized. Such buildings cannot have Occupancy certificate.