An occupancy certificate (OC) is a document that is issued once the new project construction is completed by the Municipal Corporation or local government agency. The certificate proves that the project has been built, by following the applicable building codes, relevant laws and regulations. It is the responsibility of the developer to get an occupancy certificate, once the project has been completed. In case, a developer is not able to provide the OC, this means the building has not been approved under the legal plan. The OC indicates that the building is suitable for occupancy. An OC is required, when applying for a loan or mortgage, resale of the premises, applying for electricity connections, water, and sanitation. If the developer has already taken the utility connection without OC, it could be disconnected at any point in time.

Approvals are required from different departments before granting an OC:

a. Fire and electrical department.
b. Municipal Corporation (for elevators).
c. The civic body (that it has been built according to the sanctioned plan; deviation of up to five percent is allowed).
d. Sewage treatment plant & waste management area.
e. Central Pollution Control Board (A rainwater harvesting system certificate).
f. The Airport Authority of India.

Steps to obtain an OC:

The OC is obtained from local municipal bodies by submitting an OC application form along with the following documents:
1. Commencement Certificate.
2. Completion Certificate.
3. Built and Section plan.
4. NOC for fire and pollution.
5. Area calculation sheet of floor signed by an authorized architect
6. Photographs of the completed building.
7. Tax valuation with tax paid receipt.
8. Photographs of rain harvesting and solar panels.
9. Copy of the sanctioned plan.

After submitting the form along with the documents, authorities inspect the building and confirm if it has followed the approved plan before issuing an OC. Ideally and legally, a builder should submit an application with the municipal commissioner for the OC within 30 days of completion of the property. You can use your rights being a property owner. You can take legal action against the developer if he refuses to provide an OC or he has not acquired one even after the project has been completed. Legal notice can be issued, asking him to provide the OC and you can even take the case to a consumer court. Legislations like the Real Estate (Regulation and Development) Act (RERA), are expected to significantly decrease instances of negligence or fraud by developers. Secure your property and know your rights.