The Occupancy Certificate is issued by the local planning authority with a view to certifying that the premise is fit to be occupied. The OC is meant to be issued only after verification of the adherence to Building Regulations, Safety Regulations, provision for utilities etc. Technically, the OC should be obtained after the Completion Certificate is issued by the Planning Authority.
The OC is a mandatory document that should be in place prior to taking possession of your home. The law specifies that no person should occupy or allow another person to occupy a building or part thereof without obtaining an OC.
The new regulatory act, RERA, gave ongoing projects that had not received an OC a 3-month timeline to make the necessary arrangements and thereby reduce the risk to consumers who had made purchases in their developments. Under the new regime, builders are required to register with RERA prior to beginning the sale process.
The OC or CC under the Act becomes a key aspect of the purchase process and ensures compliance on the part of the developer.
It has been stated that a number of older developments of more than 25 to 30 years across the City of Mumbai that are fully occupied, do not have an OC. The estimate was about 56,000 in the City alone. It has been anticipated that the local government and the municipal authority are in the process of trying to find a solution to these older buildings where an OC has not been received.
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