Occupancy Certificate and Partial Occupancy Certificate – All you need to know

When one purchases property to move into, or for investment purposes, its pros and cons come along with it. Formalities need to be completed and documents, such as an occupancy certificate or a partial occupancy certificate, need to be procured before one transports their belongings all the way across the country or hires movers to move them from the opposite building. These two documents are just as important as the rest, if not more.

 

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On completion of a building / project, the builder must apply for OC to the local authority in charge. An occupancy certificate is issued to him, stating that the residences in the buildings constructed by him are fitted with all the facilities and utilities as promised at the time of construction. This means that the premises are fit for occupancy.

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But when does the need for a partial occupancy certificate arise?

A partial occupancy certificate comes into the picture when there are blocks or phases of large projects to be developed with varying completion dates. When the construction of one phase is completed, the concerned authority grants a Partial OC to the builder after thorough inspection of the building. Similarly, phases that are completed after that are given a Partial OC as well.

 

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A Partial OC is replaced by a consolidated document called the OC (Occupancy Certificate) stating that the entire project has reached its completion point and is now deemed fit for occupancy. All the Partial OCs for that particular project become invalid once the Final OC has been granted. Until then, they act as the OC for that particular phase. The concept of Partial OC has always existed but it is becoming increasingly significant nowadays, since townships and other residential areas are being built in phases.

 

An OC and a Partial OC certify compliance to –

 

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  • Fire Service Department
  • Ministry of Health and Family Welfare
  • Pollution Control Board (including Sewage Treatment Plant)
  • Forest Department
  • Parking regulations
  • Electricity Board (including elevators)
  • Waste Disposal and Management facilities
  • Rainwater harvesting facilities
  • Airports Authority clearance, if the project is within the range of an airport

 

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How does an OC come into the picture at the time of redevelopment?

If there is redevelopment taking place or there are additional floors to be built, the developer obtains a Partial OC for every flat on every floor that is constructed and ready for possession. This Partial OC is also replaced by a final OC at the time of completion of project. If, for whatever reason, the project has not been completed or was unable to be finished within the specified duration or permissible time limit, construction should be stopped. After that, an inspection will follow, based on which a final OC will be granted to the residents.

 

Partial Occupancy Certificate

 

Importance of OC and Partial Occupancy Certificate:

  • Legal and immediate possession of a flat is valid only if there is the OC or Partial OC to show for it.
  • Builders cannot hand over flats to buyers without receiving the OC from the concerned authority in charge.
  • Without an OC, buyers / owners are not eligible for any insurance or compensation claims.
  • Possession of a Partial OC lets one apply for sanitary, water and electricity connections. Even if these facilities have been made available without an OC, they are liable to get disconnected.
  • OC is generally required to get a home loan sanctioned by a financial institution. With a Partial OC, one may not get an approval for their home loan.
  • Application for Partial OCs and OCs need to be submitted within 30 days of completion of the project / phase. The local authority, in turn, must respond within 30 days of receipt of the application, providing an acceptance or rejection and reasons for the same. The OC is a necessity when one wishes to sell their flat.
  • An OC or Partial OC tells you about the extent of deviation from the sanctioned plan and acts as an assurance to its regularisation, if the violations are within 5 percent of –
    (1) the setback that is to be provided around the building
    (2) plot coverage
    (3) floor area ratio
    (4) height of the building.
    The deviations are regularised after the modified plan is approved by the authority in charge.

 

If you have purchased a flat that is under the phased development plan, insist on getting a Partial OC. This is valid until the project is under construction. Then make sure you replace it with an OC once it is completed. Keeping these important documents safe and available whenever they are required is of utmost importance. These are synonymous with other necessary compliance that ensures the safety of the flat and the quality of facilities that are being provided. The amenities and services that a flat owner receives must live up to the quality that was promised by the builder. Getting an OC / Partial OC helps to acknowledge this.

 

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Thoughts and comments

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Apartment Association Terms Explained – Part One

Learning about many terms used in an apartment association can be very helpful indeed. These terms will come to your rescue when you’re facing a huge wad of legal paperwork, and when you’re finding the formal tone and legal jargon extremely hard to understand and digest. Although we all may know the generic meaning for terms like ‘apartments’ and ‘apartment owner’, the legal meaning may be more loaded that what people can normally comprehend. Knowing all legal terms and learning about various definitions from a professional perspective can thus help you.

When reading up on the terms used in an apartment association, always go for a trusted source.

Terms Used In An Apartment Association

Given below are a few terms used in an apartment association, and their proper explanation. All these terms are defined under the Karnataka Apartment Ownership Act of 1972, which defines and talks about an individual’s ownership over a set dimension of property. You will learn more about the constituents of this act when you take up the registration procedure for your deeds and Declaration.

Apartment:

An ‘apartment’ is basically a term used to denote a residential section in a building that can be located in any of the mentioned floor, with any number of rooms. An apartment may also be present in more than one floor, or in parts in each floor. Apartments, as per the Apartment Ownership act, have a direct exit to a public road or street, or even highway. Apartments which do not fall under this category may have a direct exit to a public space or common area, which may in turn lead to a public street or highway.

Apartment Owner:

An apartment owner will normally refer to a person who owns an apartment, and has some undivided interest in all shared regions in the apartment complex too. The interest and other particulars will be duly mentioned in the Declaration, and these can be taken from the documents directly.

Apartment Number:

The letter or number designated to a particular apartment is the apartment number. The number will be mentioned in the Declaration, and it may either be a letter, a number or a mixed combination of both these things. The apartment number is first specified in the declaration.

Association of Apartment Owners:

This is a term that is used to denote all the members of an apartment association. The people who together form the apartment association are collectively termed as an Association of Apartment Owners. True to the term, these individuals will have an apartment in the premises in their name and will all be owners of at least one apartment in the complex.

Building:

In the jargon used in an apartment association, a building normally means a residential structure that houses at least four (or more) apartments. A collective building can also refer to a structure with two buildings with two (or more) apartments in each building. A minimum of four apartments are seen as necessary either way.

These are the very basic definitions that you first need to know and understand in order to proceed to the later ones. Other definitions on common areas and public spaces will soon follow.


This article aims at collating and providing information for benefit of ApnaComplex customers and blog readers. While ApnaComplex has taken every care to ensure the information is accurate, we suggest to please use it only as a guidance for further discussion and action with help of relevant professionals. If you need professional advise on this topic and any other property related matters, please send your request through our contact us form. You may post your questions/inputs in the Comments section below and we will try and get them answered through relevant subject matter experts.