Temporary Occupancy Certificate could come to rescue of endless waiting end users
Is your builder taking too long to get occupancy certificate for your flat?
Chances are that either
i) Noida authority has found some major non-conformance to byelaws that may risk occupants or
ii) There is a stay on providing occupancy certificate (like in case of NGT’s stay order).
If none of the above two is true, then your project stands a good chance to get Temporary occupancy certificate for your building.
You may need to demand the same with builder and/or Noida Authority.
When the builder applies for completion of building, Noida authority’s technical personnel does an inspection of the compound.
(We have discussed before as to what all construe to the completion of a building as per Noida/Greater Noida byelaws.)
Post inspection, Noida authority comes up with the list of non-conforming pre-requisites for the completion.
While an occupancy certificate is only issued when all requirements are met, there is a provision of issuing Temporary occupancy certificate that many of us are not aware of.
Where the Chief Executive Officer on the certificate of the technical personnel is satisfied that the temporary occupation of a building or any portion thereof before its completion does not adversely affect public welfare, may permit temporary occupation of such building for a period as he deems fit.
Issues like ‘Pending dues from builder’ can be a possible candidate for temporary occupancy certificate as the same does not necessarily pose risk to resident’s safety and security.
For issuing a temporary certificate, the technical personnel from Noida Authority who inspects the compound can submit a form for issuing the temporary occupancy certificate listing down the open issues that the builder should otherwise fix going forward in a stipulated time period.
Format of form for issuance of Temporary occupancy certificate is shared below for reference.
Comments/Feedback invited.
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Last Updated on May 19, 2015 by Go4Reviews
Dear Sir,
Kindly advice whether a builder can charge interest on delay due amount based of “Temproary Occupancy certificate ” as my builder project under UP RERA is delayed and has to be completed on or before 31st dec 2019.
Dear Omkar, if the builder has temporary OC, they can issue offer of possession and charge penalty on delay.
Suppose, if I get possession without OC/CC, then what is the guarantee that builder might be interested in getting such certifications at any future date. He may say that I have given possession for what u had paid for. Part completion/ occupancy is another way to encourage corruption and put buyer at the mercy of builder.It is a device of exploitation at the hands of builder. Why not authority screw the builder for not following norms other than building safety rules. Such tactics has dented the image of Noida/GNIDA real estate markets.
Its a valid point Shailendra. But, the way it is, Authority is no game for pulling the builder for their wrong doings.
Hi. My builder giving possession without OC as my property is in Noida. But before possession, he is asking the entire amount then only he will give possession after one month from the final payment.
Pls suggest what should I do in this?
Hi, There is no guarantee of physical possession if builder follows laws in your case (physical possession cant be offered without OC as per byelaws). There are projects where owners are waiting for 6 months since final payment. Work as a group and make sure you get in writing that physical possession would be offered even in absence of OC.
Is OC same as completion certificate ?
In terms of a group housing society, as it works in Noida/Greater Noida, a builder, on completion of building, applies for completion. If it is part completion, an occupancy certificate is issued. Completion certificate is issued at the completion of entire project.
Thanks so as I understand if a project has got CC, then it means OC is already given
You are right.