Requirements for obtaining occupancy certificate by developer in Gurgaon

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Occupancy Certificate (OC) is a document issued by local municipal authority of a state certifying that a building is in compliance with local laws and building standards. Such certificate implies that the building is suitable for possession.

The Real Estate (Regulation and Development) Act, 2016 defines occupancy certificate as a “certificate issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity”.

A valid OC is crucial for the occupant of the building, without which the occupancy is deemed to be illegal. It is a required document to apply for home loans and even for basic necessities like water and electricity connection.

The Gurugram Metropolitan Development Authority is in administration of issuing an Occupancy Certificate in the city of Gurgaon and the Haryana Building Code, 2017 prescribes the rules and procedure that are to be followed by a developer or the authorized person in order to gain an OC for a building. With the world becoming technologically entrenched, one can now apply for OC online in Gurgaon. 

Upon the completion of construction of all phases, the builder/ developer, who is responsible for obtaining OC shall apply under relavant statutes. Further, the applicant-builder will be asked for relevant details of the building and documents like No Objection Certificate for fire and pollution, completion certificate, layout plan and several other documents as mentioned in the Guidelines. Thereupon receipt of such application, the relevant authority shall grant or refuse to issue the OC within eighteen days of such an application. This vary according to state legislation.

An important thing to note is that a Completion certificate or a possession letter is not enough for a homebuyer to possess the property or the competent authorities can seek eviction. A valid OC is necessary to move into a building. The last step for the application procedure to obtain an OC is paying a small fee (which the concerned authority shall update). Lastly, the OC is available for download to the builder/ developer through the official portal. 

 

Author: Darshni Gala, 7th Semester, Rizvi Law College, Mumbai
 

 

 

 

 

 

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