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Partial Occupancy Certificate & Mutation

Home Forums Legal Help Partial Occupancy Certificate & Mutation

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  • #68603
    unknown
    Spectator

      Friends,
      Occupancy Certificate is an essential document for flat purchasers to dwell in his flat. But, in many cases, the builders/sellers do not provide it to the flat purchasers/ owners, causing much harassment, and making their mutation process uncertain for years. Municipal mutation of the flat owners is not done unless the OC is issued in respect of the said flat building. As I have seen a news item last year that Kolkata Corporation made provision for mutation of the flat purchasers on production of copy of deed and first electricity bill. This has reduced agony of genuine flat owners who are the victims of builders/sellers. There is a provision in rule 34(4) of the WB Municipal (Building) Rules,2007 for issuance of partial OC to the flat owners subject to submission of indemnity bond. Under this rule, the genuine owners would get some relief and find scope of getting their names mutated in the concerned Municipality. As I have heard, Municipalities do not tend to follow this rule as application of this rule is subject to the discretion of the Board of Councillors.
      Can anybody give any information whether there is any Municipality of WB which issues partial Occupancy Certificate as provided by rule 34(4)!
      With regards.

      #77321
      unknown
      Spectator

        What is the time limit for lodging complaint to the Municipality against any unauthorised construction in a premises?

        #77341
        unknown
        Spectator

          First of all, I like to inform you that, I have a very little knowledge regarding these matters.
          I think, Partial Occupancy Certificate is practically applicable for Part Construction. Does it arise in such a situation, where you are living in a flat already built years ago, I guess.

          #77343
          unknown
          Spectator

            Under mentioned procedures are to be followed for issuance of Occupancy Certificate:-
            1. After obtaining sanction to the building plan the owner will apply to Engineering Department through plumber with a copy of the sanctioned plan for sanctioning home drainage plan.
            2. The Engineering Department will sanction the house drainage plan on the basis of sanctioned plan and allow them to proceed with the internal works according to the progress of the building works.
            3. Engineering Department after completion of the internal drainage works will certify in respect of completion of the said works after receiving the fee for connection to the corporation main.
            4. With the above house drainage completion certificate the owner will apply to the Bldg Department for occupancy certificate as per Building Rule 2a.
            5.The Bldg. Department after receiving the said certificate from the Engineering Dept. will Issue Occupancy Certificate in favour of the owner on compliance of departmental requisitions and on receipt of payment of the charges against issuance of Occupancy Certificate as per Building Rule 27.
            Ref: https://www.kmcgov.in/KMCPortal/jsp/KMCDrainageHome.jsp

            #77349
            unknown
            Spectator

              Whatever you guessed is correct! Building construction was completed three years ago. Yet no builder/landowner has not applied for Occupancy Certificate.

              #77386
              unknown
              Spectator

                Kindly upload the West Bengal Taxation Laws (Second Amendment) and Repealing Act, 1998 West Ben. Act VIII of 1998, and The West Bengal Building Tax Act, 1996, if feasible.

                #77390
                unknown
                Spectator
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