Buying … CHRISTMAS CLOSING HOURS: Closing 5pm on Wednesday 23 December 2020 and re-opening at 9am on Monday 4 January 2021. MUMBAI: It is against the law to move into flats in buildings without the mandatory municipal occupation certificate (OC), the Bombay high court has ruled. Choosing to buy a property where there is evidence of a lack of Building Regulation Consent requires careful consideration of the options available and an understanding of the limitations and risks of the so-called solutions. CERTIFICATES REQUIRED FROM PROPERTY SELLERS. The builder was supposed to get it, but never quite seems to have gotten around to it. The reasons for this vary but range from ignorance of the law to a deliberate decision not to apply for consent where it is clear that Building Regulation Approval would not have been granted for the works. If your contract specifies that there is no sale unless you receive an occupation certificate, then that is a guarantee of sorts. d) If you are a cash buyer you can choose to take on these risks but, if you are buying with a mortgage, we will need to report the facts to your mortgage lender and the bank will almost certainly require some form of further protection from the risks. A common home owner is not affected by it at all. Still, all hope is not lost if your contract is … In many cases, the building inspector may only be able to undertake a limited inspection so you may not receive full approval but only confirmation from the Building Control Department that they will not take enforcement action. With regards newly built properties municipalities are unable to legally turn on water and electricity because deposits cannot be paid without proof of occupational certificates.Â. advise clients who are in the process of purchasing a property on the available options. It can only be issued by a registered plumber. Company Registration Number – An Occupation Certificate verifies that a building has been constructed in accordance to building codes. Even if it's legal to dispense with the … Category Articles of Interest. What can I do to protect myself against the risks? Thirdly, it is a criminal offence to occupy or use (or permit occupation or use) of the building without authority (or to the extent that “it is essential for the erection of such building”). 386560) in accordance with the Solicitors Code of Conduct a copy of which can be found at www.sra.org.uk, Registered Office 100 Henleaze Road, Henleaze, Bristol BS9 4JZ. c) The Policy will usually only cover works over 12 months old. b) In addition, Building Regulations have, in recent years, been extended to cover home improvements such as gas and electrical installations and replacement hot water tanks and replacement windows. Now the disadvantages of buying a house in a … When you’re renting—if the Certificate of Occupancy … c) The Council could take enforcement action against you requiring you to undertake costly rectification works and causing you the considerable inconvenience. a) An insurance company may refuse to pay out under a Buildings Insurance Policy if there is inadequate Building Regulation Consent for alterations to the property. Roof Truss Certificate either from truss installer or the engineer. 1. An Occupation Certificate … We use cookies to ensure that we give you the best experience on our website. Further numerous problems with respect to non-issuance of Occupancy Certificate arise on account of violation of Building Laws which are increasing day by day. b) The cover may only be in respect of “enforcement” action and may not cover other investigation works required. Approved Building Plans from the Municipality plus any documentation from Town Planning regarding rezoning, building amendments or renovations and if necessary an approved Site Development Plan (SDP). Insurance coverage cannot take place for damage to a building, or to a member of the public, or house occupants, regardless of whether a fault lies with a builder, electrician, engineer or architect if an Occupational Certificate is not in place. b) If there is no Building Regulation Approval for the works, they could be structurally dangerous. Once an Occupation Certificate has been obtained the owner of a property should lodge copies with the bank (particularly if the property is mortgaged) as well as the home/property insurer. A builder can get a provisional building completion certificate from local authorities. 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