Response
Ownership Record of Rights (ROR), 3-copies of completed building plan, evidence that all public utility services, including sewerage, drainage, water supply, and electricity, have been connected to the main public utility system, and no objection certificate from the Fire Prevention Officer. The municipality may provide a list of documents necessary for each operation taking place under its jurisdiction. However, if society requires it, a NOC is not necessary.
The first permission examined for construction is the IOD, which stands for Intimation of Disapproval or Authorization. The CC (Completion Certificate) is awarded in two phases. OC stands for Occupation Certificate, which certifies that the work was finished according to plan.
The local authorities provide the developer with an IOD, which is a necessary permit.
After submitting construction plans to the BMC’s Building Proposal Department, an IOD is granted, and the developer is required to meet a number of standards and get several permissions, including clearance from environmental authorities, tree authorities, and a fire officer, among others. The developer is entitled to a commencement certificate after these permissions have been received (CC).
After the structure has been constructed according to the designs that have been filed and authorised by the authorities, legal ownership of the dwelling or business space may be obtained only after the occupancy certificate has been acquired.
The OC is a certificate given by the local municipal authority stating that all essential work has been done in accordance with the approved plans and that the property is ready to be occupied. The OC is granted after receiving approval from the authorities in charge of water, electricity, sewage, and firefighting, among other things.
The Occupancy Certificate is not a nice-to-have, but a necessity. It is unlawful for purchasers to move into a residential or commercial property and begin any work unless the developer obtains an occupancy certificate from the local body.
In fact, a well-known example in Mumbai made national headlines for the same reason. The residential buildings of Campa Cola Compound in Worli, Mumbai, lacked OC. Despite being aware of the insufficient documents, tenants purchased the units with the expectation of receiving occupancy certificates later, and they moved in. In 2014, the Supreme Court ordered inhabitants of the Campa Cola society to abandon their residences after nearly 25 years.
Certificate of Completion (CC)
Construction can begin after the relevant municipal government issues a certificate approving the project. This is usually done after the concerned party has received approval for plans to construct a multi-story structure.
There are two phases to receiving a Commencement Certificate (CC):
CC up to the level of the plinth
CC above the plinth
CC is usually renewed on a regular basis.
Certificate of Occupancy (OC)
Reference: IOD is an essential permission given to the developer by the municipal authorities.
After development plans are submitted to the Building Proposal Department of BMC, an IOD is issued, and under the terms and conditions of the IOD, the developer is asked to comply with many requirements and obtain various clearances like clearance from Environment Authorities, Tree Authorities, Fire Officer etc. After these clearances are obtained, the developer is entitled to obtain a Commencement Certificate (CC).
Commencement Certificate (CC)
A certificate issued by the appropriate local authority certifying the construction may commence. Typically, this is done after the concerned party has obtained sanction of plans for the construction of a multi-storied building.
Commencement Certificate (CC) is given in two stages:
CC upto plinth level
CC beyond plinth level
Usually CC is extended from time to time.
Occupancy Certificate (OC)
Once the construction of the building is done as per the plans which were submitted and approved by the authorities, legal possession of that house or commercial space can be taken only after Occupancy Certificate is received.
OC is a certificate issued by the local municipal authority certifying that all necessary works have been completed as per the sanctioned plans and that the property is fit for occupation. The OC is issued after clearance from the water, electricity, sewerage, fire fighting authorities etc.
Occupancy Certificate is not a good-to-have certificate, but a mandatory one. Till the developer of the residential or commercial property does not obtain Occupation certificate from the civic bodies, it is illegal for buyers to move into that property and commence any activity.
In fact, a very popular case in Mumbai was all over the news for the same reason. Campa Cola Compound in Worli in Mumbai did not have OC for its residential towers. In spite of being aware of this incomplete documentation, residents bought the apartments on the understanding that they would get Occupancy Certificates later and they started living there. After around 25 years, Supreme Court ordered residents of Campa Cola society to vacate their apartments in 2014. – – AHG284 – 202100581 – 151 – 177- 2021002222021004216640
LAWAYZ-2023-1019
