Raksha R is all set to move into her new home by December 2018. While her premium 3BHK apartment is ready to be occupied, there are two more towers in the project that are still under construction. The builder asked her to get her property registered. Since the developer did not have an Occupancy Certificate (OC), she was given the Partial Occupancy Certificate. Raksha was aware of the OC, but this was something new for her. She was confused!
If you have entered the home buying journey, you would have heard about the OC – a document that certifies that the developer has adhered to construction norms. Local municipal authorities issue the OC once the construction of the project is completed and it is ready-to-move-in.
(You can read more about this document in our post titled The Occupancy Certificate: Why It Is Now More Important Than Ever.)
But what is the Partial Occupancy Certificate? Is it an alternative to the OC? How to obtain it? We spoke to our legal expert and got some commonly asked questions answered. Here are the excerpts.
What is Partial Occupancy Certificate?
The Partial Occupancy Certificate is granted to projects that have phase-wise development. Let’s say a project has three towers out of which one is ready for possession. The authorities will assess the completed tower and grant it a Partial Occupancy Certificate. The developer will only get the OC once the entire project is completed.
Also Read: The Lowdown on Possession Letter and Occupancy Certificate
The law
(You can read Bangalore Building Bye-laws 2003 here.)
What is the validity of the Partial Occupancy Certificate?
It is valid until the entire project is completed. Post which, a developer must apply for an OC.
Are there any benefits of this document?
Well, you can move into your new home with the Partial Occupancy Certificate. Additionally, it also lets you apply for water and electricity connections.
Can I obtain a home loan with this certificate?
No. With the Partial Occupancy Certificate, you may not get approval for your home loan. You cannot apply for the Khata Certificate either as it is issued once you have the OC.
Also Read: 13 Home Buying Documents That You Cannot Afford to Miss!
When should a developer apply for the Partial Occupancy Certificate?
A developer must apply for a Partial Occupancy Certificate within 30 days from the date of phase/tower completion.
What are the guidelines for obtaining this document?
A developer must have all required clearances in place. The project must have approvals from the fire department and clearance from the Airports Authority of India. Additionally, the project must have provision for waste management, composting, and rainwater harvesting.
Your advice to readers?
If you have invested in a project that has different phases or blocks, ask your developer for a Partial Occupancy Certificate for registering your property.
Still got some more questions? Tell us in the comments below, and we will get it answered by our legal expert!
can the builder ask for maintenance charges with PCC? our project will take another 7 years for the total completion, and we are already residing in the tower completed. the builder is also not allowing us to make an RWA since the OC is still not there.
kindly guide
Can builder demand property tax from flat booked but possession not taken due to part OC in Mumbai?
Well this is awesome post and written very well. Your point of view is very good.