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Partial Occupancy Certificate: All You Need to know

By Bajaj Markets - Apr 1,2020
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Partial Occupancy Certificate: All you need to know

What is a Partial Occupancy Certificate?

Have you ever come across a set of buildings that are under mid-construction, but has a couple of buildings already occupied? Well, though it may seem a bit out of the place, occupants are well within their rights to move into a partially-completed construction project.

Under-construction housing properties may give you the luxury of investing in real estate at a lower price. Houses under construction attract more buyers due to the lower cost of the property as opposed to the cost after its completion. Builders also offer the partial occupancy certificate to the residents allowing them to move into the property as soon as the construction for a particular phase is finished.

Hence, with the growing trend of multi-tower projects, construction usually is done in phases. As soon as one phase of the construction is completed, the builder can apply for a certificate of occupancy for the completed part. Initially, it was not possible for the buyers to occupy an apartment in a newly constructed set of buildings unless a full OC was issued.

Also know about EC Online before buying a property

Requirements to get the OC

A builder can apply for a certificate of occupancy within 30 days of a phase completion. The requirements to get it are:

  • Fire department clearance
  • Sewage treatment must be in place
  • Composting and waste management areas must be in place
  • Clearance from the electrical inspector is mandatory
  • Only the basement and ground floor must be used for parking vehicles

The home-buyer can enjoy the positive implications of availing of a partial OC. Once the builder has received the occupancy certificate, you are legally authorized to live in the apartment. On the flip side, it might be a tad difficult for you to apply for a home loan based just on the POC.

The validity of the Partial OC

The Partial OC is valid until the entire construction is completed and the government authorities issue a final certificate of occupancy for the entire construction project.

Things you need to know

Here are a few things about the partial occupancy certificate that you must know:

  1. You will not be liable to apply for a home loan if your developer has issued only a partial occupancy certificate for your apartment. In the event that you want to apply for a home loan for a particular property, make sure your builder/developer has a final certificate of occupancy and not just partial OC.
  1. However, if your financial institution of choice has a tie-up with your developer, you will likely be able to avail of a home loan.
  1. Generally, developers build buildings in phases. Thus, just after completing one or more of the phases, the builder can apply for a partial occupancy certificate to allow home-buyers to get possession of their property. However, the final certificate of occupancy can only be availed when all phases are built. Also, obtaining an OC depends on several factors. It cannot be guaranteed that having a POC means the developer will receive an OC without fail.
  1. Ideally, once a POC is received, complete construction must be finished within 7 years.
  1. In case you have received a POC from the buyer, you must carefully follow the construction of the entire project. According to the law, once the project completes, the builder has 30 days to apply for the OC.
  1. In many cases, buyers may force you to take an apartment from a building under construction stating that they have its POC. However, upon arrival, you may find the apartment uninhabitable for living. It is your responsibility that you bring such cases under the notice of RERA and other relevant government authorities.
  1. You can apply for utilities like electricity and gas connections under POC. However, the respective authorities will be well within their rights to reject your application if they find that POC is not a final legal document to show the possession of your property.

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Partial Occupancy Certificate FAQs

  1. Is partial occupancy a new concept?

Not really. Since the construction industry is gaining momentum in the last few years, this concept is becoming popular.

  1. What is its advantage for me as a buyer?

The biggest benefit for you as a buyer is that you can have immediate possession. You can even apply for water and electricity connections.

  1. What is the validity of a POC?

A POC is valid until the entire construction is completed. However, builders have 7 years from the date of assigning POC to complete the construction.

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