The local municipal authorities or the building proposal department issues occupancy certificate declaring that the construction of the building is under the approved plans. This certificate is given when a building is constructed, and it is ready to occupy. The certificate implies that the building has proper civic infrastructures like water, sanitation and electricity.
Need for Occupancy Certificate
All buyers should request an occupancy certificate from a seller for the following reasons:
- The building can be demolished anytime, considering it to be an unauthorised structure, if there is no occupancy certificate.
- It is mandatory to have an occupancy certificate at the time of resale of flat.
- The civic infrastructures disengage anytime without an occupancy certificate.
- If there is no occupancy certificate, no person can occupy the house.
- The occupancy certificate serves as the final pass certificate of a project or a building.
- An occupancy certificate confirms that the building has satisfied all the building norm and local laws, and hence safe to occupy.
Submit the following documents along with the application to obtain occupancy certificate:
- Commencement Certificate
- Completion Certificate
- Built and Section plan
- NOC for fire and pollution
- Area calculation sheet of floor signed by an authorised architect
- Photographs of the completed building
- Tax assessment with tax paid receipt
- Photographs of rain harvesting and solar panels
- Copy of the sanctioned plan
Tamil Nadu Occupancy certificate
Step 1: Visit the Local Corporation or Municipality
The flat owner has to approach the nearest local corporation or municipality.
Step 2: Enter the Details
Collect the form from the concerned officer and enter all the necessary details.
Step 3: Submission of the form
Along with the required documents, the application form has to be submitted.
Once submitting the form, the certificate will be issued within 30 days from the date of submission.
In case of no occupancy certificate, one can follow the guidelines given below to obtain the same from the seller:
- If the builder does not give the certificate, a legal notice can be issued.
- A RERA complaint can be filed.
- An RTI can be filed to know the reason for not issuing an occupancy certificate.
- Legal notice can be issued to the builder asking him to obtain an occupancy certificate.
- If the developer has delayed, a claim can be made in the consumer court.
- A Provisional Building Completion Certificate is valid for only six months after which the final building Completion Certificate has to be acquired.