Builder not provided Occupancy certificate are we liable to pay tax?

Response

If you have occupied the premises then you are liable to pay the property tax irrespective of pendency of the case or the fact that OC has not been handed over to you by the builder. Your are liable to pay property tax if the premises has been transferred to you by title deed. Better explain the nature of litigation and the documents you have in respect to the property to have a better response.

To make any possession of property proper and legal, a Completion or Occupancy Certificate is necessary under law. Now under the RERA Act, the Builder is barred from handing over property without the mandatory certificate.
And even if the Builder gives the possession without the proper certificates, it is illegal and does not absolve the Builder from his responsibilities.
Particularly, under RERA, the Sale Deed must invariably contain the Completion/Occupancy Certificate details.

The certificate is an indication that the building is suitable for occupancy. An OC is required, when applying for water, sanitation and electricity connections. For home owners, an OC is necessary to cement the legal status of the property they own.
If the builder fails to comply with the demand made in the notice, you may drag him to civil court with a suit for specific relief and also to the consumer court for compensation for the deficiency of service and also for causing mental stress.

A completion certificate is issued when any building work done in your property is inspected and approved by professional building control surveyors. Although you can sell your home without a completion certificate, you may not get as much for it.Ê

Reference: No Particular law

2021001812021004219909

LAWAYZ-2023-135

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