Do you own a Flat in an Apartment / high rise building? (Or) Have you booked a Flat which is under Construction? Then you need to know the importance of documents like Completion Certificate (CC) and Occupancy Certificate (OC). Occupancy Certificate is also known as Possession Certificate (PC).
As these certificates are not required while registering a property, most of the home buyers tend to overlook or ignore collecting these documents from their previous owners or builders of the apartment.
I can confidently say that there are thousands of apartments in cities like Bengaluru, Mumbai or Delhi which have been occupied without any Occupancy Certificates. In many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations.
Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws. As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.
In this post let us understand – What is Building Completion Certificate? What is Occupancy Certificate or Possession certificate? What is the difference between Occupancy Certificate & Completion Certificate? What is the importance of these documents? How to get Occupancy Certificate?
What is Building Completion Certificate (BCC)?
Upon the completion of the building construction, the builder or the developer of the apartment has to apply for the ‘building completion certificate’ with the local authorities (like BDA or BBMP in Bangalore or PMC in Pune).
If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.
BCC looks like as the one in the below image; (Pic courtesy : apartmentadda.com)
What is Occupancy Certificate or Possession Certificate?
Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies.
OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied.
The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.
So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.
Important points on Completion Certificate & Occupancy Certificate
- Who can apply for BCC or CC ? – Builder has to apply for CC.
- Who will issue BCC? – Local civic bodies will issue BCC.
- Who can apply for OC? – The builder has to obtain OC. However, the Flat owner can also apply for OC. If you have already occupied your FLAT without OC, you can approach the Local Corporation or municipality and apply for OC. If the building has been constructed as per the approved plans, building standards, fire safety standards and if it also has BCC then you can get OC in 30 days (legally). However, the law says that if the building has been constructed without any plans it cannot be regularized (if there are structural deviations) and OC may not be issued in such cases.
- How to get Occupancy Certificate or Possession Certificate? – You may have to submit below documents along with the application form;
- Copy of building sanction plan (building plan approval copy).
- Building Commencement Certificate.
- Copy of Building Completion Certificate.
- Latest Property Tax receipt
- Copies of No Objection Certificates (NOCs) of pollution board or Airport authority etc.,
- Who will issue OC? – Local civic bodies will issue OC.
- Kindly note that buildings which have deviations beyond legally allowed limits can be treated as illegal constructions. The local civic bodies may not issue Occupation Certificate in these cases.
- Why CC or OC are important? Is it safe to buy a flat without OC/CC?
- To claim Income Tax benefits on your home loan, your employer may ask you to submit Occupancy Certificate along with the home loan statement.
- Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property.
- You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.
- Most of the financial institutions may insist on Possession Certificate to sanction home loans.
- You may find it very difficult to find a buyer in case if you wish to sell your Flat in the future.
- Without an OC, it may be very difficult to obtain Khata Certificate.
- Can Builders issue Partial Occupancy Certificate? – When there are blocks or phases of large projects to be developed with varying completion dates, the concerned authority can grant a partial occupancy certificate for the completed phases/blocks. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). Do note that it can be a tough task to get a home loan with a Partial OC.
- If your builder is not obtaining OC, you can issue a notice to him to apply and handover the required documents. Failing which, you can also approach a consumer forum or can file a writ petition.
- Do note that obtaining Occupancy certificate for an independent house (row house) is not mandatory.
- A builder can get a provisional building completion certificate from local authorities. But do note that this is valid for six months only. He has to obtain final building completion certificate.
Most of the errant builders may have good connections and they may easily escape through various loop holes in the law. So, end of the day it’s the home buyers who end up suffering for no fault of theirs.
Be extra cautious when you are buying Flats (even if the builders are reputed ones). Check out the Building Commencement Certificate. Also, do insist on obtaining Completion Certificate and Occupancy Certificate (Possession Certificate) from your builder or owner. If these documents are not available with the seller or builder then there is every possibility that the building may not be constructed as per the approved plan or local building standards.
If you are a new flat owner, insist on an Occupancy Certificate from your builder before you occupy the property. If you have already occupied the property, get your OC at the earliest. You may check with other Flat owners and can apply for OC as a group or through your Residents’ Welfare Association.
I believe that Occupancy Certificate should be made mandatory for the registration of Flats. It can also be made mandatory for getting water, sanitary and electrical connections. This can make a huge difference to buyers of Flats. All that is needed is Political Will.
I hope you find this post informative. Kindly share your views on this topic.
(Image courtesy of stockimages at FreeDigitalPhotos.net)
hi i am residing in the flat wherein the builder hasnt given me the CC and doesnt have one as well. the total flats in the apartments are 12 in number. Is it mandatory to have the CC
Advisable to have dear Mahesh..Kindly check with your builder or your association..
Hi, is there a way to check online if the builder has got the CC and OC? Or to verify that the CC and OC produced by builder is genuine.
If my House number is wrongly entered in the Completion certificate , how can i get it corrected?
Dear Rahul,
Kindly contact your builder/housing society (or) the concerned local civic authority (Panchayat/Municipality/Corporation)..
Hi Sir,
I wanted to know if the Exclusive Terrace area (Balcony) is also an integral part of Blueprint which builder submits to the sanctioning authority to get the building and floor plan approvals.
Thanks and Regards,
Rahul Malhotra
Dear Rahul,
Yes, I think so.
You may kindly re-check with a civil engineer..
Dear Sir,
I decided to purchase 2 bhk resale flat in Bangalore. It is in the Fourth floor. It is Ground plus 3 floors. At the time of construction, the builder got plan sanctioned for 2 bhk only and he deviated the plan by building 3 bhk flats at the corner of every floor. So it is instead of 52 flats now it is 56 flats. All 2 bhk flats have been issued B khatha. It is told by seller that land is A katha. It is completed and handed over in 2009.
Please give your advise in the matter.
Thanking You
Dear Sharadamani,
There may not be a major issue with 2bhks, as they may be as per the plan.
Can the buyer get home loan for the property?
In case, you could find a better property, can look at that alternative.
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Dear Sir,
I am planning to buy a resale flat in cooperative housing society in Mumbai. This property s 11 years old. The property has a partial OC. All major banks are providing home loan on this property. I think this building i which i plan to buy was part of a larger project which got shelved for whatever reasons.. My concern is that should i go ahead and buy the property though it does not have full OC and only partial OC as banks are giving loan on the same.
Also water pipeline is not there for the building and as informed to me by the society they had filed a case against the builder for the same which they have won recently (3 months back) and soon water would be made available.
Please guide as your point of view would really help
Thank you.
Dear SK,
Just because the bank(s) are giving loan for a project , does not mean 100% risk-free.
A Project with a Partial OC has its own risk (may not be a very high risk one!).
Suggest you to get a legal opinion from a local civil lawyer as well and then take a decision.
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
Thank you for your suggestion !
Sir l have taken property in Virar in 2017 and after 3 year l got position with very difficultyand l have done loan also from bank now builder and bank both are not getting legal paper they are not helping me to sale the falt
Dear Munna,
May I know what do you mean by – ‘ not getting legal paper’ ???
Dear Srikanth sir
I have a major issue . I am from Bangalore and I am living in a Apartment of 8 units and 1 illegal unit i.e of the builder (which is a clear deviation as per plan). Also in each floor approval is given for 1 unit but there are 2 flat units built.
We do not have Oc, Cc. However with great difficulty we have managed to get B-khata and have latest tax paid receipts. We have all other amenities like water meter and individual electric meter.
At the time of buying we dint have much knowledge about this and fell for this trap. Upon checking with the builder for Oc,Cc he states that it’s very common in Bangalore and 90% of the flats are like this .
Now we are having disputes with the builder regarding formation of an association under Kaoa 1972, which needs oc,cc as a prerequisite.
Is there any way to get Oc, cc now?? If so whom to approach? We have also checked the BBMP ward office and they too say that oc, cc is not possible to get. Kindly suggest me any way to get these documents .
Now we are planning to file a case against the builder for the losses we have incurred in consumer forum.
I need more help regarding this so kindly email me if possible. Looking forward to hear from you.
Thank you
Hi Nisargh,
Please contact me on 8431263438.
I am about to buy a builder floor (new construction, 60*40 site, 4 houses) in Bangalore, and lately found that though builder can provide A Khata, he cannot provide OC/CC. He is claiming that for less than 8 units, OC not required. Can you guide me
Hi Sreekanth,
I had bought a flat in noida extension , and builder has got the occupancy certificate from local authority.
I would like to know that can builder get occupancy certificate without having completion certificate?
There are some objections raised by authority and they have not granted them completion certificate and asked him to submit some documents. So is the occupancy certificate valid without having the completion certificate?
Kindly acknowledge and revert…
Thanks
Hi Sreekanth, I am planning to buy a villa in Bangalore. There are 208 total villa in that project and the possession for many of those were in 2017. The villa I am buying is incomplete (90% complete like some more) and builder is going to finish and handover in 3 months. Now, is completion certificate applicable for this type of projects? If yes, will completion certificate be for the whole project or individual villa? If CC applicable for the whole project, then builder should have received CC by now (yet to hear back from builder), then only builder has given possession to almost 150 residents? If CC is received already, should there be GST?
Hi I’m staying bat Karnataka rural gram panchayat area. Purchase a Land in 1992 and paying regular taxes in panchayat for that. On 2001 I’ve build a house there and I was at service in Delhi so concerning engineer didn’t take the plan approved by panchayat. Now I’m asking to Panchayat for Occupancy certificate and approved it now and I’m ready to pay fines for that. Need to know can it be done now as I’m new to this don’t know. Can anyone help me out with that!! Thanks!!
Dear Sandy,
Suggest you to kindly take help of a local civil engineer and civil lawyer.
Hello Sreekanth
My query is related to income tax return.
If in a township, there are many triplex , each floor of a triplex is a seperate apartment , of seperate owners.
Can I rent out my part of that triplex?
The entire housing scheme is still under construction and not complete.
But the said triplex is complete.
How can I file for tax returns and what documents would I need from the builder for my part of the compelted triplex.,when I rent it and file for my income tax for this ?
Dear Dr Shantam,
Did you receive OC and Possession certificate for this?
Hello.
If in a township plan , every triplex has a seperate owner and said triplex building is complete,but the entire project is not complete.
The individual floor of the triplex can be put on rent ?
How do I file income tax for that particular part which is completed only.
When the entire project is still under construction.?
Hi Srikanth, I am currently living in Bengaluru. I am purchasing a flat here whose OC is awaited however people are living in the society. There are total 5 buildings in this project from which only 2 buildings have OC, rest 3 buildings OC is still awaited. People are living in all of these buildings. I have checked OC application that Builder made to BDA, it have date of mid 2018 and till Oct 2020 there is no OC.
Could you please suggest:
What is the timeline of issuing OC after initial request?
How can I check why it is still pending?
Does BDA have any online information portal available for these kind of applications?
Dear Sunny ,
I am not sure about the time-line.
Do you mean to say that the builder had applied for OC in 2018 and it has not yet been issued???
Dear Sreekanth,
Yes, it is correct. Builder had applied for OC in 2018 and it has not yet been issued.
Hi Srikanth. One question. We are currently occupants of a house built in 1989. It has three floors, with one flat on each floor, all owned by separate entities. While the OC from 1989 mentions the second floor (which we, the first floor owners) are wanting to buy. It mentions the second floor as only having one bedroom and 1 bathroom (it has three of each, post it’s rebuild in 2003. The current owner does not have the OC from the then builder. Question – 1. do we need the OC since it’s almost an independence building 2. Can we as news owners, apply for it then? Can you suggest a solution basically
Dear Pooja,
If its like an independent house, OC may not be required.
Do you have separate Khata/Patta for each floor? (separate property tax).
Suggest you to also check with any local Civil Engineer or lawyer on this..
Hi Sreekanth,
Many thanks for your article. This is very informative. I need your guidance on my below matter.
I have booked a 2 BHK flat in Raj Nagar Extension Ghaziabad in 2015 under sub vention scheme. Now builder has issued a final demand letter however below are my queries and I need your valuable advice:-
1. Builder has added the Metro charge of Rs. 56000 (Rs.50/- per square feet). I have checked some articles and found that metro charge levied by GDA is applicable @ Rs.250/-per Sq. Mtr or Rs. 23.22/- per Sq. ft. In my current tower there must be atleast more than 100 flats so logically builder should apportion this charge across all the flats rather assuming there is one flat only.
2. Builder is currently providing the possession of the flats without CC/OC and even asking the PDC for the registry of the property. I believe in the absence of OC builder can’t even raise the final demand for payment.
3. At the time booking the flat, builder calculated the Service Tax @ 3.5% on Basic Selling Price (BSP) and @14% on other items e.g. PLC, FPLC etc. so total estimated Service tax was approx. Rs. 1.56 Lakh however in his final demand letter Builder changed the GST rate to 12% (only on balance amount) although my flat comes under the definition of ‘Affordable House’ as per GST i.e. Carpet area is less than 60 Sqm in Metro city (Ghaziabad is part of metro city as per definition) so logically the GST should be calculated @1% without ITC although Builder has the option to opt for either 5% with ITC or 1% without ITC, why builder opt for 5% with ITC and if builder opt for with ITC option, builder should pass on the ITC benefit to buyer.
4. As per sub-vention scheme builder were supposed to reimburse the interest portion of EMI paid by homebuyer to bank however in my case builder reimbursed only few EMI’s and rest are not yet paid so I would like to check whether builder can deduct this reimbursement from the cost of the property and then calculate the GST on balance amount although rate of GST also seems to be disputed as builder charged @12% however it should be 1%.
5. Builder is also asking for IFMS for 18 months and builder doesn’t have the OC so logically this demand is invalid. I believe once builder will get the OC, IFMS clause applicable.
Regards
Rohit Kansal
Dear Rohit,
1 – I am not sure on this, you may cross-check with a local civil lawyer.
2 – Yes, request for CC/OC.
3 – If the builder is not passing on the ITR benefit then this can be escalated or contested in court of law (GST).
4 & 5 – These are very specific queries, suggest you to kindly consult a civil lawyer.
Hi Sreekanth, I have an apartment in Bangalore completed in 2013 end. It is a standalone building with G+4 floors and 23 Flats. The time I purchased the flat in 2013 after consulting a lawyer for proper documentation verification, there was no CC/OC for this property. I am now planning to resale my apartment, is it mandatory to have CC/OC for this property purchased in 2013?
Dear Aniket,
What about other flat owners?
May I know if all the owners of the Flats have Khatha done in their names?
Was it an under-construction property when you bought it?
Thanks Sreekanth for the revert.
I believe they have done khata transfer. It is a B Khata done from BBMP..
Many owners bought the flats when the property was in under construction, and many as ready to move in.. I bought the apartment ready to move-in in Nov 2013..
Please do let me know on further information..
Kindly advise..
Dear Aniket,
You should have OC/PC and Khatha issued.
Your prospective buyer may ask for these documents!
Hello Sreekanth
Firstly , Many thanks for this forum of yours and it is really very helpful for us
Appreciate if you could help me with the Service Tax rates that was applicable for the following periods for construction of new flats by builders
In 2014 : ____ (including any CESS /Workers Welfare tax, etc…)
In 2015 : ____
In 2016 : ____
I understand from 1st July 2017 it is now GST and at 12% …but wanted to know the rates for the previous years as there were revisions happening and also had a Swatch bharat CESS and Krishi Cess also to be included in previous years….
if you could provide me the above info it would be very helpful (if breakup is possible, even more helpful…)
Thanks..Akam
Dear Akam,
2014 : 12% , CESS – > 2% of S.T. SE CESS -> 1% of S.T.
01.06.2015 to 14.11.2015 14%
15.11.2015 onwards 14.50% **
01.06.2016 onwards 15%***
**0.5% Swachh Bharat Cess on the value of “taxable services”. Thus, effective rate is 14.50%
***0.5% Swachh Bharat Cess & 0.5% Krishi Kalyan Cess on the value of “taxable services”.
Thus, effective rate is 15%.
Suggest you to consult a CA in this regard..
Hi..In Highrise building to get CC ,is there necessary to complete the basements slab with driveway too? can any one clarify this?
Dear Srikanth,
I have purchased a flat in Aluva, Kerala, India. According to my agreement, I want to receive the completed flat on 31.03.2019. As per the agreement I want to give them a grace period of 3 months due to natural calamities and my due date will be 30.06.2019 but the builder hand over my flat in August 2019. Can I go for compensation for the delay in handing over? In the project builder not provided any of the amenities as per their advertisement and can I file a case against the builder and claim compensation? According to Kerala RERA all ongoing projects must register under RERA before 31.03.2020. The builder takes an occupancy certificate from the local authority but not completed STP, FIRE & SAFETY, GENERATOR, etc and still some of the fully paid member’s registration or name change not completed in local body and this builder and the same project will fall under an ongoing project under Kerala RERA or not?
I am waiting for your early reply.
Dear Sreekanth garu,
I Purchased independent house in Hyderabad (GHMC-Alwal) on 2017.I don’t have Occupancy certificate. I am paying muncipality tax. How to get OC and what is the procedure.
Dear karunakara,
OC is not required for an independent house!
I have recently purchased a flat having partial OC. The builder has collected advance maintenance for two years and since the entire project is not completed builder has not yet received the final OC. The builder has also not given the amenities as per agreement and yet demanding further two years maintenance and threatening to society members that he will take action if maintenance not paid. What is the remedy please advice.
Dear Rajashree..Kindly consult a civil lawyer (as a group, with other society members)..
I have purchased property at Dum Dum Municipality of West Bengal. But registration is being delayed by the promoter. Whether OC and CC reqired before registration , as per RERA.
Dear Anupam,
What is the reason for delay?
OC/CC is not mandatory for Registration.
Hi Sreekanth,
Thank you for this post that helps commoners like me to understand the legal requirements easily and you have also provided samples, which is really great.
I would like to get an understanding on the requirement for BCC/ CC and OC for an individual house (a 2BHK in 700 sq. ft) constructed in one of the panchayats coming under Coimbatore district. While trying to claim for LOHP, the corporate finance of my employer has asked me to produce a BCC or OC from the builder while the builder is not aware of any such things.
Your clarification would help 100s of people like me who are opting to buy/ build individual homes with home loans through small builders.
Thanks in advance.
Dear Gayathri,
CC/OC is not really required for an independent house. Not mandatory.
Else, you can request your builder to issue self-attested construction completion certificate on his letter-head/seal.
Related article : Understanding Tax Implications of Income from House / Property
If we bring Occupancy certificate requirement is mandatory at the end of building handover , Buyers are already paid huge percentage to builder and not much options to buyers as they may not hav so much knowledge . Also builders are managing fake OC’s and getting required approvals and later time buyer is getting struck in this process .Procedures should be made more realistic set backs , simple and easy approval process only through online , bring strong regulations start of the house construction not at the end of the house . Today government officials are looting the public .
Hi Sreekatnth,
In a 5 tower project, Builder is saying it has HIRA (wb equivalent for RERA) registration for 3,4 and 5th tower (named as Phase II) and does not have the HIRA registration for Tower 1 and 2 (Phase I). As a reason they are saying they have received partial completion certificate, hence no HIRA registration required for Phase 1 blocks and as a benefit of CC, I don’t have to pay GST.
I have selected one flat in Tower1. But delivery of the flat will take atleast 6-8 months as they say because many works still pending. Should I go ahead? what all things I should be checking further and be careful about to proceed.
Regards
Biswajit
Dear Biswajit,
Your query is more location/project specific. Suggest you to consult a local civil lawyer and take decision.
Kindly read :
* Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
* Revised GST Rates on Real Estate Properties | Latest GST Rates for Under-Construction Properties
I have applied for Possession certificate(PC) for a BDA allotted plot online through SAKALA and the status comes as APPROVED.How do I download the Possession Certificate(PC) online.
Dear Jeevan ..I am not very sure on this!
Hi i have a complicate query.
i have booked 2bhk flat in 2014 and paid around 17 lacs towards the flat. somehow construction was stopped for 1 yr and due to miscommunication we cancelled the flat. At the time of refund somehow builder negotiated rate again we retained our flat rather booked 3 bhk. Now flat is almost ready but buildings final work going on. in between we paid balance with gst. the 17 with tax rate in 2014. according to new rule the gst is 5per. but the builder is charging 12 for total amount of flat with demand letter dated 14.03.2019. how to handle this situation. do i have to pay 12 gst on total amount. Thanks in Advance.
Ashiya
Dear Ashiya,
Kindly go through this article @ Revised GST Rates on Real Estate Properties | Latest GST Rates for Under-Construction Properties
Thank you for your valued comments.
Our complex is a big Project comprising of 30 HIG Blocks/ towers and 53 MIG Blocks / towers and 12 LIG Blocks / towers to be constructed in phases. Phase I of the project comprising of 23 HIG Blocks/towers has been completed. The Blocks / towers in this Phase were constructed on various dates between 2014 and 2019. The purchasers of flats in these towers were handed over to the flats on receipt of the Occupancy Certificates on different dates between the above stated period. These occupancy certificates issued by Municipality on different dates are silent about the fact whether they are partial or not. This was commented in my earlier post.
Now the builder is taking a position that the Phase has been completed as the completion/ occupancy certificates of the towers were already obtained and the Phase should not come under the purview of West Bengal HIRA Act, 2017 ( eqivalent to RERA Act ). But in my opinion till the Project Completion Certificate and Occupancy Certificates of the towers are received from the local Municipality, the Project will fall under HIRA Act. I request for your considered views.
Dear DIPAK,
Suggest you to consult a local civil lawyer in this regard.
I have taken a flat in one of the blocks/ towers in a project which is to be developed in phases and each phase is to be completed on different dates. I have receieved a copy of the OC receieved by the builder from municipality for my tower which does not mention whether it is partial occupancy certificate or not. However the project is not completed and all towers are also not constructed. What is legal status of my flat in my tower regarding occupancy certificate ie whether it is partial or completed?
Dear DIPAK ..Mostly it can be a partial one.
Hi Sreekanth Reddy,
I am planning to purchase resale apartment which has A khata for land and B khata for apartment but they have received Occupancy Certificate and Completion Certficate. Owner is telling don’t worry A khata we will get it down the line. I am confused couple you please help. Is it ok to proceed with B khata apartment?
Dear Dinesh,
Mostly the Apartment has a higher % of deviation from that of the sanctioned building plan structure.
Kindly take legal advice from a civil lawyer..
Related article : Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
If a builder asks for farmers compensation after registry made by purchaser. Shall I pay to them as verbally it was not informed to me, but written in Maintenance Agreement in a hidden form. Builder not provide us CC & OC till date
Dear Sunita,
Kindly consult a civil lawyer..
kindly advise on followingsituation:
One plot was registered in Pune on 30 April 1986 in the name of my wife
at a cost of Rs 30000/-
Expenses after that have been basically on levelling the ground, wire fencing, then boundary wall, frequent travel from Delhi to Pune.
The long term capital gains tax will need to be calculated.
The value as per circle rate is 960800/-
fair market value as on 1.4.81 is to be ascertained.
I need to offset the expenses on house construction against the sale of pune plot. New house is in my name.
However contribution from other family members have been used to construct the property
Completion certificate is being applied for the same.
Please advise on LTCG AND utilisation of sale of pune plot amount after about a month or so.
Dear Mr SINGH,
With effective from Financial Year 2017-18, the base year for calculation of Indexation is going to be 2001.
Till Financial year 2016-17, the base year used to be FY 1981-82. To calculate the capital gains at the time of selling any property purchased before 1981, its purchase price is now calculated on the basis of the fair market value of 1981. Calculation at the fair market value of 2001 will increase the cost of acquisition and lower the capital gain.
Suggest you to kindly consult a CA for exact Capital gain calculations.
Kindly read :
* How to save Capital Gains Tax on Sale of Land / House Property?
Our building is around 10 years old without OC in Thane. The Builder is not issuing OC. Please enlighten me about Deemed OC. Thanks
Dear Sajid,
May I know your exact query?
Hi sreekanth,
If I enter in to sale agreement for sale of flat before getting o.c without advance amount and total amount will be paid after receipt of O.C ,and get it registered,is it necessary to pay GST?
Dear Srinivas,
I believe in that case GST wont be applicable..
Hi Sreekanth,
I am planning to buy a 3BHK in Bangalore. Its old property approximately 15 years old. The owner has all the necessary documents like A khata, property tax paid till date and EC but doesn’t have occupancy certificate. When I queried him he saidthat the construction plan for J M building was approved by the HAL Sanitary Board in the late 90s/early 2000s. This was before the Murugeshpalya area came under the purview of the BBMP. Occupancy Certificates were not required at that time. He has also checked with a couple of the office bearers of the Residents Welfare Association who confirmed the same. It has a proper A-Khata. In addition, the residents of the building are paying property taxes (this is not allowed in the case of illegal structures). Further, financial institutions like LIC Housing Finance, State Bank of India, and HDFC have already sanctioned property loans for some of the residents? I am confused what should I do. Should I buy it?
Dear Mudassar,
You may go ahead with this deal, but do consult a civil lawyer as well.
Kindly read :
Checklist of Important Property Documents in India | Legal Checklist for Property Purchase
I want image or photo of occupancy certificate from corporation
Sir,
I have one question. if builder has not completed his project of 7 building. among 7 building he has completed 4. Also he has not given all the amenities which he has promised earlier. So can he gives completion certificate and possession certificate of this completed 4 building?
Dear Ravindra,
Can Builders issue Partial Occupancy Certificate? – When there are blocks or phases of large projects to be developed with varying completion dates, the concerned authority can grant a partial occupancy certificate for the completed phases/blocks. After the completion of entire project, Partial OCs are replaced by final OC (Consolidated document). Do note that it can be a tough task to get a home loan with a Partial OC.
Hi Sreekanth,
My question is about GST calculation.
There has been news circulating since 2 days that a decision will be made in Jan 2019, to reduce the GST of under construction flats for which completion certificate is not issued, from 12% to 5%, due to the fact that most of the builders are not giving the Input Tax Credit(ITC) back to the buyers.
URL : https://goo.gl/xX9j7M
Currently my builder is considering 12% as GST, of the all part payments that I’m paying them. I have paid 60 Lakhs so far of which 12% which is 7.2L was calculated as GST.
If I go for registration right now, I have to pay 12 % GST on flat cost plus 3.5 % as registration charges as this has not obtained completion and occupancy certificate. In this case, I have wait for the Input tax credit(ITC) from the builder credited back to buyers, which may be a question mark.
If I go for registration after the decision has been made in Jan 2019, there is a doubt whether the builder will consider only 5% GST, or they may say 12% GST collected so far has been credited to the Govt, and I have to wait for ITC.
If I wait for the completion/ occupancy certificate to be issued, there would not be any GST as its not in construction stage, but the registration fee would be charged at 6%. The total effective charges will be only 6% in this case as there is no GST. But what will the builder do with amount that he collected as 12 % GST in all my payments done so far.
Can you help me decide, which would be better way to proceed in above 3 cases, and also help me understand whether the GST that the builder is collecting from buyers is actually applicable only at the time of registration? If yes, will the builder give the GST collected back to buyers, with out having to wait for ITC.
Dear Srinivas,
I am not sure if this new revision of GST rate will be retrospective in nature.
So, your previous payments may still have 12% GST rate and your builder may have to pass on the Tax credit (if any).
When is the OC expected?
Hi Sreekanth,
OC is expected in feb19.
Dear Srinivas,
If the Agreement allows you to wait till Feb then it makes sense to save some money, right??