Response

Khata is a required document or certificate needed by property owners in Bangalore. It is circulated by Bruhat Bengaluru Mahanagara Palike (BBMP), the municipal corporation of Bangalore, to properties that befall beneath its jurisdiction. Khata serves as proof that property tax has been paid on an appropriate property. If your property is listed under A Khata, it comes under the jurisdiction of the BBMP.

OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificat.

The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized and OC may not be issued in such cases.

If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. Failing which, you can also approach a consumer forum or can file a writ petition.
Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory. A builder can get a provisional building completion certificate from local authorities. But do note that this is valid for six months only. He has to obtain final building completion certificate.

Without a valid OC, your occupancy is illegal as it can be classified as an unauthorised structure by the authorities. OC is crucial while applying for a home loan or loan to purchase a resale flat. You cannot even sell your property without a valid OC in hand. Key amenities like water, sewage connection, electric supply, etc, can be disconnected in case you do not have an OC.

Reference: Section 19 of RERA, section 11 of Consumer Protection Act

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LAWAYZ-2023-413