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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.


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