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I have bought a residential flat from a reputed builder. Whenever I ask for the occupancy certificate, he is not giving it, telling some excuse. Kindly advise me regarding the course of action that I must take?

- by Naveen Kumar, Jayanagar

A builder is entitled to get Occupancy Certificate from the authorities only if the builder has constructed the apartment building as per the sanctioned plan. Now a days, builders with the idea of selling more space, deviate their construction from the original Sanction Plan and because of this reason the authorities do not issue Occupancy Certificate to the builders.

If the builder fails to provide you with occupancy certificate, at this stage, you have no other alternative other than to get an indemnity bond from the builder which will indemnify you against all losses on account of BDA’s demolition or penalty. The builder is legally responsible to compensate all your losses.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- I purchased a flat with the approved sanctioned plan-ground plus three floors.  Now the developer has constructed pent house and on top of that there are water tanks. We have not got occupancy certificate so far, the builder is trying to bribe the concerned authority for occupancy certificate. Will he be successful? There is also no fire fighting measures in the building and the building is more than 19 meters in height. Kindly let me know that whether I will get the occupancy certificate in this condition.

Q:- I am Ambika and am working in Bangalore. Here, I booked one flat (and got flat registration based on Undivided land) in Sep-04 which was under construction and expected to be completed in June-06 end. I have paid the gross amount (Flat Value) in 8 installments starting from Sept-04 to June-05 (I am supposed to pay sales tax in last week of June-05) I came to know that service tax is now applicable on Flat purchased from 1st June 05. I am in doubt whether I have to pay service tax or not. Please clear my doubt and let me know whether service tax is applicable or not for those who have booked (and registered) the flat in Sept-04 but flat completion is in June-05. If yes, then how much will be the service tax.

Q:- Are there rules regarding the car park bought by the owner in an apartment complex? In case he does not possess a car can he use the area to store some items?

Q:- Is it ok to purchase a flat which is under CMC-DC converted land or will there be a problem in registration? What are the documents that are needed to be verified?

Q:- I have a 100 feet x 120 feet site allotted to me by BDA at J.P. Nagar area. I want to construct a Multistoried Apartment, is it permissible?