Occupancy Certificate in Tamil Nadu: A Complete Guide for Homebuyers

Table of Contents

What is an Occupancy Certificate?

An OC is a legal document that, in the viewpoint of the law, permits the building’s construction. It attests to the building plan’s compliance with the construction regulations that the relevant authorities have authorized and that the location is suitable for human habitation. The applicable local civic entities are the ones who issue an OC. A builder cannot ensure basic civic amenities in the absence of an occupancy certificate, and there is a good likelihood the building is constructed unlawfully or qualifies as land under construction. An OC is mandatory for all residential housing options like apartments and villas.

Why Do We Need Occupancy Certificate While Buying Properties in Tamil Nadu?

• The formal document that grants your property legal recognition is an OC. It attests to the safety and suitability of your property for habitation.
• You need to show your OC in order to get your house connected to utilities, including power, water, and sewage. It is a prerequisite for using these services.
• Having an OC is crucial if you intend to obtain a loan for the purpose of buying or remodeling your house. It is a prerequisite for loan acceptance from banks and lenders.
• Having an OC makes it easier to get an official copy of your property deed, which expedites the process of registering ownership.
• When purchasing or selling real estate, a valid OC is essential. It serves as a certification that everything is in working order.
• The builder or owner cannot start paying property taxes until they have obtained an OC. A crucial stage in the ownership of a property is obtaining an OC, which requires approval of certain paperwork.

Steps to Apply for an Occupancy Certificate

The person in charge of the construction, typically the builder or developer, must formally apply to the local development authorities in order to obtain a Certificate of Occupancy (OC). There are multiple crucial steps in the process:

• Submission of Application: In order to obtain the OC, the builder must formally request it from the appropriate local authorities.
• Official Inspection: To make sure the building satisfies all applicable safety and regulatory requirements as well as the approved plans, the authorities will carry out a comprehensive inspection.
• Application Timeframe: After the project is finished, the builder should ideally apply for the OC within 30 days. If required, property owners also have the authority to start the application procedure.
• Approval of Certificate: If all requirements are satisfied, the OC is often granted within a month of the application being submitted.
• Obtaining a Partial Occupancy Certificate: Builders may be able to acquire a partial OC under specific circumstances, especially in mixed-use developments. This enables them to sell finished portions of the land even in cases where the project isn’t completed overall.

Documents Required to Apply for Occupancy Certificate in Tamil Nadu

A builder must provide the municipal authorities with a specific set of documentation in order to receive an OC. The OC is typically provided in 30 days. The homeowner may request an OC from the municipality if the builder chooses not to offer one.

Entire set of documents required to apply for an Occupation Certificate:

• Project Initiation Certificate, Project Finalization Certificate, No Refusal Pollution, and Fire Certificates
• A copy of the approved building plan
• Building photos and an area computation sheet signed by an authorized architect
• Photographs of solar panels and rainwater harvesting (if applicable)
• After the required documents have been inspected and verified by the local authority, the occupancy certificate is granted.

How to Find Occupancy Certificate Online?

• The first thing to do is go to the website of the specified authority. This online portal includes various services, including checking an occupancy certificate.
• To locate the occupancy certificate, browse through every component on the portal that has to do with buildings and properties. The second step will be significantly easier as a result.
• After locating the area for the occupancy certificate, enter the information accurately. The owner’s name, the property address, and other facts are included. To prevent mistakes, make sure all the details are accurate.
• The websites will show the specifics of the occupancy certificate if all the information is accurate and the property possesses one. The information includes the building type, the name of the property owner, and the issuing date.  
• If all the details are valid and the result is accurate, download the certificate. The certificate is available for download from the website; simply save it.

What to Do if the Builder Doesn’t Provide Occupancy Certificate?

You have the following options if the developer does not offer an occupancy certificate (OC):

• To begin, send a formal written request for the OC to the developer. This turns your request into a paper trail.
• You can bring a complaint to the attention of the Real Estate Regulatory Authority (RERA), which regulates real estate affairs, or the local municipal authorities.
• If the developer continues to refuse to deliver the OC.
• You could want to file a case in the consumer court in order to take legal action. This is a typical course of action when the developer is inattentive or disobeys requests.
• If you haven’t paid the developer in full yet, you might think about delaying the last payment until the OC is given. Seek advice from a legal professional before proceeding.
• If the developer is not complying, several local governments will help residents get an OC straight from the authorities.
• Refrain from moving into or using the property until the OC is obtained. Doing so may result in legal problems and make it more difficult to get necessary utilities like power and water.

By following these procedures, you may guarantee that the property is safe for habitation, legally recognized, and preserve your rights.

Partial Occupancy Certificate/Temporary Occupancy Certificate in Tamil Nadu

For big building projects that are constructed in phases and where each tower or section is certified independently, a Partial Occupancy Certificate (Partial OC) is usually granted. Allowing people to lawfully occupy their apartments and have access to essential utilities while protecting their property rights is the main advantage of a partial OC. Nevertheless, certain amenities, such as fitness centers or swimming pools, may be finished and made accessible later.

A partial OC is essentially the clearance allowing residents to move into some areas of a bigger project, even though additional facilities and approvals might not be finalized just yet. It’s crucial to remember that getting some paperwork, like house loans, could be harder until the project is finished and approved in its entirety.

Other Similar Certificates: Know the Difference

Usually, an Occupancy Certificate is considered similar to a Completion Certificate and a Possession Certificate. However, it is essential to understand that all these certificates have different meanings and purposes.

Completion Certificate

A completion certificate is a certificate from the local government attesting to the fact that a structure was built in accordance with approved designs. It verifies that the construction adheres to the approved blueprint, building codes, and additional guidelines. A completion certificate is issued following the completion of the construction and in accordance with the authorized plans and specifications. It is legally needed to demonstrate that the building was finished in accordance with the authorized blueprints.

Occupancy Certificate

An occupancy certificate is a formal declaration by the planning authority or local government attesting to a building’s safety for habitation. It verifies that all safety and regulatory requirements are met by the building before it is put into use. It is issued upon the building’s completion and a safety and regulatory compliance inspection. This certificate is legally necessary to inhabit the structure; in the absence of it, occupancy is deemed unlawful.

Possession Certificate

It is a certificate that certifies the property is prepared for transfer and is given to the buyer by the builder or developer. It shows that the property is fit for use and ready for the buyer to take possession of. It is released whenever the buyer is prepared to take possession of the property, which is frequently prior to the Occupancy Certificate. A possession certificate is vital for acquiring legal possession of the property and for the transfer of property ownership.

Frequently Asked Questions

1. Who should apply for an Occupancy Certificate in Tamil Nadu?

The builders must apply for an occupancy certificate and offer it to homebuyers. However, the homeowners can check the status of the occupancy certificate on their own on the official website.

2. Is it good to make 100% payment to a builder before obtaining an Occupancy Certificate?

It is always advisible to not make full payment before the builder could obtain an occupancy certificate. This makes sure that your purchase is credible, safe, and secure.

3. Can I buy a property without an occupancy certificate in Tamil Nadu?

Buying properties without an occupancy certificate in Tamil Nadu is not advisible. The properties without an occupancy certificate may cause legal complications as one cannot sell or buy a property without it.

4. Is the Occupancy Certificate mandatory to obtain home loans?

Yes, an occupancy certificate is mandatory to obtain home loans. If the buyer is looking to obtain home loans, the occupancy certificate builds credibility, therefore it is mandatory.