What Is Oc In Building Construction? - [Exact Answer] Stroymaster

16.01.2023

The occupancy certificate: why it is now more important than ever July 19, 2017 01:05 pm | Updated July 20, 2017 07:07 am IST A row of apartments on the Inner Ring Road-Phase 2 in Guntur in an indication of the construction boom but registrations have fallen in the last few months.

Owning a home is the culmination of years of savings, research, and paperwork. After patiently waiting for the construction to be complete, you finally register the property and take possession of your flat. But what if your dream home is declared unauthorised, and you are evicted by the authorities? This is not as far-fetched as it sounds.

This nightmare could turn into reality without a crucial link in the property sale process – the Occupancy Certificate (OC). The majority of apartments in different Indian cities have been occupied by owners without any occupancy certificate. This oversight can turn into a costly mistake, jeopardising the legal status of your dream home.

Decoding legal documents
To understand the importance of an occupancy certificate and other legal documents, let’s decode the legal jargon and understand their meaning in simple terms. Here’s a ready reckoner of the most important legal documents related to your property:
Occupancy Certificate

An OC certifies that the construction of the building has complied with the approved plans. It is issued by local municipal authorities or the building proposal department once the building has been completed and is ready to be occupied. Simply put, without an OC, your building has not been awarded a ‘pass certificate’.

Completion Certificate A Completion Certificate (CC) is issued only after the construction meets other building standards like distance from the road, the height of the building, and rainwater harvesting system.
A CC alone cannot legalise occupation; the OC is a must.
Commencement Certificate If you are buying an under construction property, make sure you check the Commencement Certificate before signing the agreement.

Many builders do not wait for a Commencement Certificate. This is illegal and can create serious problems in obtaining an OC at a subsequent stage. Why is it unsafe to buy a flat without OC? In the absence of a valid OC, the local municipal body can initiate serious action against flat owners.

In 2014, residents of a well-known building complex in Mumbai’s upscale Worli area were hit with a bolt from the blue after their complex was declared unauthorised. At the time of possession, buyers overlooked the issuance of an OC from the builder. It was only after that they were forced to evacuate their flats that the writing on the wall became clear to them.

This is just one instance, and if buyers are not careful about getting the OC, they may face the following repercussions: • In the absence of a valid OC, your building can be demolished as it can be classified as an unauthorised structure. • The OC is crucial while applying for a home loan or loan to purchase a resale flat.

• The water connection, sanitary connection or electricity supply can be disconnected in the absence of an OC.
How to obtain an OC
The OC is obtained from local municipal bodies by submitting an OC application form along with the following documents:
• Commencement Certificate
• Completion Certificate
• Built and Section plan
• NOC for fire and pollution
• Area calculation sheet of floor signed by an authorised architect
• Photographs of the completed building
• Tax assessment with tax paid receipt
• Photographs of rain harvesting and solar panels
• Copy of the sanctioned plan

After submitting the form, authorities inspect the complex and confirm if it has conformed to the approved plan before issuing an OC. Legally and ideally, a builder should submit an application with the municipal commissioner for the OC within 30 days of completion of the property.

How you can apply for an OC As a flat owner, you can also apply for an OC by approaching the local corporation or municipality, and if all approvals are in place, an OC is issued within 30 days of application. You will have to submit the same documents as the builder to procure an OC. Know your rights If the builder refuses to provide an OC, you should consider exercising your legal rights.

You can issue a notice against the builder asking him to apply and hand over the copy of the OC within a month. You can also approach consumer forums and file a writ petition demanding the OC. Some canny builders simply present the receipt of the OC and dupe gullible customers.

But you shouldn’t accept anything less than the actual OC as the receipt may be dated. Landmark legislations like the Real Estate Regulatory Act (RERA) have been passed to regulate the sector, promote transparency and protect consumer rights. However, consumers must be vigilant and understand their rights and responsibilities towards owning a property.

Documents like OC are essential and ensure the security of your investment. Going forward, real estate experts believe that the OC should be made mandatory for the registration of flats and essential services. Until then, buyers must ensure builders get all the necessary approvals before handing over a property.

Is OC same as completion certificate?

An occupancy certificate authorizes the house owner to legally stay in it. A completion certificate does not allow the owner to stay in it. An OC is a must-have approval to possess or occupy the flat.

What is OC vs CC?

What is an Occupancy Certificate? – The local authorities issue a certificate for completion (CC) after the completion of the construction of a building. Once the CC has been received, the builder also needs to obtain an occupation certificate (OC). Homeowners cannot move into a building until the builder has an occupancy certificate.

What is the full form of OC?

OC received meaning: – An OC, or occupancy certificate, is a document given by municipal authorities that authorises the occupation of any facility with civic infrastructures such as water, drainage, and power generation. The builder or sponsor submits to the local authorities a Building Completion Certificate and an Occupancy Certificate after the construction is completed.

How do you find OC?

Step 1: The applicant has to visit the official website of Building Plan Management of Urban Development Department. Step 2: Click on ‘Full occupancy certificate’ which would be under the online services of the homepage.

Can we get home loan without OC?

Occupancy Certificate: How to obtain and what is its significance An Occupancy Certificate is one of the mandatory documents that evidence the completion of the building as per the approved plan and compliance with local laws. The local municipal authority issues this certificate once the construction of the building is done and is ready to be occupied within 30 days after the submission of the application form.

Importance of an Occupancy Certificate Occupancy Certificate is one of the mandatory documents to be submitted while availing of a home loan. It is important to obtain this certificate, as without it a buyer cannot legally occupy the purchased property. For a homeowner, this certificate acts as a legal document of the property.

Without an occupancy certificate, the local authority can initiate any legal action and declare the property as illegal. Additionally, this certificate will also be required if you want to sell your property.

Who can apply for an Occupancy Certificate? The builder/developer and the owner of the house/flat can apply for a Certificate of Occupancy. How to obtain an Occupancy Certificate? The Certificate of Occupancy can be obtained from the local authority after the submission of the application form once the construction of the building is complete. To get this, you will need the below-listed set of documents:

Commencement CertificateCompletion CertificateNo Objection Certificate (NOC) for fire and pollutionBuilt and section planLatest tax paid receipt with the tax assessmentPhotographs of the completed projectPictures of solar panels and rain harvestingCopy of the sanctioned planCalculation sheet of the floor area signed by an architect

Difference Between Occupancy Certificate & Completion Certificate Occupancy Certificate examines and certifies that a property is constructed and abides with the bylaws, civic amenities, electricity, sanitation, and other clearances. On the other hand, Completion Certificate is a document that certifies that a property is fit for possession by the buyers.

Can you move in without an OC?

When is an OC required? Generally, a building cannot be occupied or used (or the use changed) without an OC.

Can OC be issued without CC?

An Occupation Certificate (OC) is issued after the construction meets the building standards. A CC alone cannot legalise occupation; you must have the OC too. ‘Completion Certificate is a document which merely indicates that the building has been constructed in adherence to the sanctioned building plans.

Why is OC needed?

Occupancy Certificate: A must-have legal document! Apartment buying involves procuring a number of important and mandatory documents. Occupancy Certificate (OC) is one such document, which is in place to safeguard the interests of an apartment buyer. This document is obtained by the builder from the office of the local civic authority such as BBMP or BDA in case of Bangalore.

The OC essentially tells you that the owner can legally occupy the building. In Bangalore, this is a mandatory document for an apartment complex having more than five units. Why is OC important? OC is an essential legal document that has to be obtained by the builder once the construction is complete.

This ensures that the building has been constructed in a completely legal way adhering to the approved plan. Besides, the OC gives the buyer the license to apply for Khata. Interestingly, OC is of no account during property registration. As a result, buyers sometimes believe that this document is pointless.

However, without a proper OC, an apartment owner may sometimes be deprived of essential amenities such as electricity and water.
You may also face a threat of eviction if you don’t possess an OC.
Having an OC serves another important purpose.
This is a mandatory document if you are applying for a home loan, while buying either a new flat or a flat on resale.

Key requirements for obtaining OC Following are some of the key requirements for obtaining an OC: • Built as per the sanctioned plan – including plinth, setback, height, FAR. • Facilities like club house, party hall, etc. need to be in the sanctioned plan.

Mere 5 per cent deviation in building is allowed. • Fire Department clearance • Electrical Inspectorate Certificate, including lifts, waste management area and on-site composting facility, • Sewage Treatment Plant of adequate capacity and treatment to standard, certified by the Pollution Control Board • Rain water harvesting • Airports Authority clearance (if within the range of an airport).

• An owner cannot make external changes in his unit without the authorization from the local civic body. • Sufficient safety measures should be provided for basement car parking. • Only the basement and ground floor can be utilized for car parking. • Footpath facing the building should be in good condition When is the OC issued? Usually, the builder provides the OC once the building is ready for occupying.

A developer must send an application along with other documents such as building plan, commencement certificate, completion certificate and photographs of the completed building, for obtaining the OC to the local civic body within 30 days of completing the construction.
The building is then inspected by the authority for compliance of local laws.

You might be interested: How To Remove Cement Stains From Car?

The authority then intimates the builder within 30 days of receiving the completion intimation whether the OC has been accepted or rejected. In case there are minor deviations from the approved plan, the civic body may impose a penalty and regularise the building, and issue an OC.

The penalty is usually charged according to the extent of deviation.
A buyer may obtain the document after signing the agreement or before moving into the flat.
However, it has been increasingly witnessed in Bangalore that builders often do not apply for the OC at the early stages of project completion, citing additional costs.

It may also be possible that the project may be denied an OC. Several builders have been seen mentioning deviations from the approved plan as well. So, what is wrong about occupying a building without an OC? Well, to answer it simply, no occupancy certificate means that the building has not been given a “Pass Certificate” by the concerned authority.

As such, it does not have all the mandatory infrastructure or clearances that make the building inhabitable. OC in different cities In order to combat the increasing concern of illegal construction in various metros, the local governments have proposed and implemented regulations regarding an OC. In Hyderabad, the Greater Hyderabad Municipal Corporation (GHMC) has proposed to connect OC with property registration.

In Mumbai, according to the Bombay High Court, it is illegal to move into an apartment without an OC. However in Bangalore presently, OC is not mandatory for registering the property. But, the khata for the property will not be issued unless the building has the OC.

What is OC plan?

Owning a home is the culmination of years of savings, research, and paperwork. After patiently waiting for the construction to be complete, you finally register the property and take possession of your flat. But what if your dream home is declared unauthorised, and you are evicted by the authorities? This is not as far-fetched as it sounds.

Decoding legal documents
To understand the importance of an occupancy certificate and other legal documents, let’s decode the legal jargon and understand their meaning in simple terms. Here’s a ready reckoner of the most important legal documents related to your property:
Occupancy Certificate

Completion Certificate A Completion Certificate (CC) is issued only after the construction meets other building standards like distance from the road, the height of the building, and rainwater harvesting system. A CC alone cannot legalise occupation; the OC is a must. Commencement Certificate If you are buying an under construction property, make sure you check the Commencement Certificate before signing the agreement.

In 2014, residents of a well-known building complex in Mumbai’s upscale Worli area were hit with a bolt from the blue after their complex was declared unauthorised.
At the time of possession, buyers overlooked the issuance of an OC from the builder.
It was only after that they were forced to evacuate their flats that the writing on the wall became clear to them.

• The water connection, sanitary connection or electricity supply can be disconnected in the absence of an OC.
How to obtain an OC
The OC is obtained from local municipal bodies by submitting an OC application form along with the following documents:
• Commencement Certificate
• Completion Certificate
• Built and Section plan
• NOC for fire and pollution
• Area calculation sheet of floor signed by an authorised architect
• Photographs of the completed building
• Tax assessment with tax paid receipt
• Photographs of rain harvesting and solar panels
• Copy of the sanctioned plan

How you can apply for an OC As a flat owner, you can also apply for an OC by approaching the local corporation or municipality, and if all approvals are in place, an OC is issued within 30 days of application. You will have to submit the same documents as the builder to procure an OC. Know your rights If the builder refuses to provide an OC, you should consider exercising your legal rights.

But you shouldn’t accept anything less than the actual OC as the receipt may be dated. Landmark legislations like the Real Estate Regulatory Act (RERA) have been passed to regulate the sector, promote transparency and protect consumer rights. However, consumers must be vigilant and understand their rights and responsibilities towards owning a property.

What is OC civil engineering?

What Does OC (On-Center) Mean in Construction Projects? The term “on-center,” often abbreviated “OC” (or “o.c.),” is commonly used in construction drawings, architectural plans, and designs. It indicates that the given dimension refers to the distance between the center of one framing member to the center of the next member.

For example, when framing a residential stud wall, a building plan may call for the wall studs to be placed every “16 inches OC” against the floor plate and top plate.
This means that the centers of the studs are placed at intervals of 16 inches.
OC measurements are important, as building codes may have precise stipulations for the intervals for framing members such as studs, rafters, and floor joists.

The usefulness of the on-center spacing technique is best demonstrated by the common practice of stud framing, or “stick framing.” A framed wall is usually covered by a sheet good, such as or drywall. Sheet goods most commonly come in 4 x 8-foot sheets, meaning they are 48 inches wide.

If you frame a stud wall at 16 inches OC or even 24 inches OC, the edge of a vertical sheet will fall over the center of a stud (48 is divisible by both 16 and 24). This ensures that the edge of the sheet is fully supported and is backed by about 3/4 inch of wood for nailing or screwing. The next sheet to be installed gets the same amount of support and backing.

On-center stud spacing, therefore, simplifies the later installation of drywall. Another reason to use on-center spacing is that it ensures accurate layouts with materials that may have variable thicknesses. Most milled lumber does not come in precise dimensions.

A 2 x 4 should be 1 1/2 inch thick, but often the actual thickness may be 1 3/8 or 1 9/16 inches. If you use on-center spacing, it doesn’t matter if the material thickness varies a bit. Because your layout is based on the center of the material, these minor differences are split equally to both sides.

That said, framers usually lay out stud walls so the edges of studs (not the centers) align with the layout marks, because the material is standard enough for this application. But if you need to hit the center of a member regardless of its thickness, on-center spacing does the job.

There’s an easy way to ensure on-center spacing using the special markings on a standard (non-metric) tape measure.
Most tape measures use red type, an arrow, or other special markings for intervals of 16 inches.
This is because house walls and floors are typically framed with 16-inch OC spacing.
For a basic 16-inch OC layout on a stud wall, you can simply make a mark every time you see a red number: 16, 32, 48, 64, 80, 96, etc.

Then, place the studs on the same side of each mark; if you measured from left to right, the studs go on the right side of each mark. However, if you’re starting the layout at a corner or end of a wall and you want the first stud to be completely covered with a sheet good (a drywall panel, for example), it works a little differently.

The drywall sheet is 48 inches wide, but because the first edge of the sheet is covering the first stud rather than falling on the center of it, the span from the outside edge (not the center) of the first stud to the center of the third stud must equal 48 inches. Therefore, you must subtract half the thickness (3/4 inch) of the first stud from the beginning of the layout.

An easy way to do this is to mark the second stud at 15 1/4 inches, then move the end of the tape measure to that mark. Beginning from that mark, you can mark the rest of the studs at every 16 inches. If this sounds confusing, grab a tape measure and try it.

Is OC general category?

Home QnA Home dear sir i am OC Candidate which option choices in category for UR or OBC

12784 Views Latest: Start your NEET 2023 Preparation with AI Coach Study Modules & Unlimited Mock Tests. Join Now! Browse: Just Study 32% of the NEET syllabus and Score upto 100%, All you need to know about NEET Most Scoring Chapters And Topics. Know More.

Recommended: Attempt NEET FREE Mock test & Boost your preparation. Try Now! Don’t Miss: Free Download NEET previous year question papers. Click Here Answer (1) Heyyy. OC means Other category or in other words General. There’s no quota for OC or the General category. While filling for if OC is not given you can select GEN or General and if that’s also not given, then select UR means Un- reserved.

You might be interested: Which Extract Of Petroleum Is Used For Road Construction?

Comments (4) Comment cannot be greater than characters 0 / 3000 Sir If oc and ur both r given then what we have to choose plss suggest something for it Reply Question cannot be greater than characters 0 / 3000 Tq so much for giving this information Reply Question cannot be greater than characters 0 / 3000 I am mbc category, which option I want to select Reply Question cannot be greater than characters 0 / 3000 I am mbc category which option I need to select Reply Question cannot be greater than characters 0 / 3000 The question have been saved in answer later, you can access it from your profile anytime. Access now

What does OC mean in work?

Sort results: alphabetical | rank ?


Rank Abbr.	Meaning
OC	Order Confirmation (purchases)
OC	Orange Crush
OC	Old Chicago (restaurant)

OC	Optional Component (Microsoft Windows)
OC	Office Coordinator (administrative position)
OC	Operating Cost
OC	Oil Cooled (welding)
OC	Operating Company
OC	Owners Corporation (Australia)
OC	Ottawa-Carleton
OC	Opposing Counsel (legal notation)
OC	Outside Corner (measuring in construction)
OC	Operating Carrier

OC	Operations Coordinator
OC	Offering Circular
OC	Oracle Clinical
OC	One Communications, Inc.
OC	Octopus Card (Hong Kong smart payment card)
OC	Other’s Cost
OC	Ordres Courants (French: current orders)
OC	Organizadora de Comercio (Spanish; Guatemala)
OC	Outside Contracting/Contractor

What is the measure of OC?

Total House Inspection Blog Home » House Inspection Blog » Definition of the term On Center (O.C.) A measurement term meaning a certain distance between like materials. Studs rafters, joists, and the like in a building placed at 16 inches O.C. will be laid out so that there is 16 inches from the center of one stud to the center of the next.

What if builder is not giving OC?

What Can a Homebuyer do if the Builder is Forcing to take the Possession without an OC? An OC or Occupancy Certificate is an important certificate that every builder needs to obtain before handing out the possession to the homebuyers. The Occupancy Certificate signifies that the particular building or establishment is built according to the plan and is fit to live in and is habitable.

Despite the project size, builder reputation or the cost of the units, there have been some cases in past where the builders have forced the buyers to take the possession of the property without having the,
The approval of a document from the authorities take some time, and the growing impatience from the builder and the buyers is one of the reasons that the builder’s resort to such steps.

If you move into a building that hasn’t received the OC certificate from the authorities, then you might be risking your eviction, denied utilities or even face penalty. If the authorities find that the building has not been constructed keeping the health hazards in mind or if they find that the building is not in any way fit for living, they can ask the residents to evacuate and stop the basic utilities like water and savage facilities.

What can a buyer do in such a case? There are certain places where the homebuyer can address their concern if they are forced by the builder to take possession without the Occupancy Certificate.
RERA to the rescue: According to the RERA laws, the builders have to mandatorily require the OC before they let the homebuyer have the possession of the unit.

Offering the possession without OC is a breach of the law and punishable. Any building that has not received the OC from the authorities is considered under-construction projects. If your state has fully functional RERA authority, then it is a good idea to approach them and let them know that the builder is forcing you to take the possession without the OC.

The authority is dedicated to act on the grievances of the homebuyers and provide a solution. Consumer Court: State laws give the consumer forums the authority to take the matters of real estate and provide relief to the homebuyer. It is important to note that the state commission works in a three-tier system.

The buyer will have to first move towards the district level court, then the state level court. If the buyer is not satisfied with the result of the lower courts, then he can move to the national level court for redressal. Lodge and FIR: The homebuyer has the provision of filing an FIR against the builder under Section 405 of IPC, which deals with criminal breach of trust.

Can I buy resale flat without OC?

Hi, I have flat in Hyderabad and it is close to 8 years old. Builder absconded and the property don’t have occupancy certificate (OC) for anyone. Went to municipal office couple of times requesting to visit the property and provide OC, but didn’t work out.

I purchased this flat by taking home loan from SBI.
I closed the loan and got loan closure certificate from bank.
I would like to sell my property.
Could you please let me know what is the way to sell flat without OC ? If not, please guide me what is the procedure.
Also, i need to sell this property for a loss w.r.t to my purchase price.

Please guide me if it attracts any charges (including GST). Asked 5 years ago in Property Law Religion: Hindu 1) you would not get market price for your flat but would have to sell at a discount 2) banks are reluctant to give loan for purchase of flat which does not have OC 3) since you are selling after period of 8 years you don’t have to pay any long term capital gains tax as it is being sold at loss Advocate, Mumbai 89141 Answers 6371 Consultations

Talk to Advocate Ajay Sethi NOW!

Sir, if the process of sale deed is complete by paying the requisite government fees and you have registered your name in the mutation documents, then you will surely be able to sale the flat. If not then file a fraud case against the builder and when the police apprehends them you can also file a consumer case against them. Advocate, Guwahati 194 Answers 3 Consultations

Talk to Advocate Johnu Kanta Bhuyan

Thank you so much for the guidance. Another point i missed in my question: I didn’t pay any tax till date (property tax / municipal tax) on my flat as municipality didn’t generate any property tax number for any one in the apartment. Please guide me here how can i solve this puzzle to sell my flat.

Asked 5 years ago Sir without going through documents it is very difficult to give any advice.
But since you have replied me that you have not paid any tax (including stamp duty) with regard to the flat, then surely the process of sale deed is not completed.
It means that the flat is not sold to you and it is still in the name of the builder.

If such is the case then you have to file fraud case against the builder. Hope my reply helps you. Advocate, Guwahati 194 Answers 3 Consultations

Talk to Advocate Johnu Kanta Bhuyan

you will have to execute indemnity bond to indemnify purchaser in case any claims are made by municipal corporation for unpaid taxes Advocate, Mumbai 89141 Answers 6371 Consultations

Talk to Advocate Ajay Sethi NOW!

1.Yes, you can sell off the flat even in absence of OC as long as the buyer is willing to buy this,2 Loses will have to be set off.3 Property can be sold though the municipal taxes are in arrears. Advocate, New Delhi 9441 Answers 251 Consultations

Talk to Advocate Vibhanshu Srivastava

Occupancy certificate authorises customers to stay in the property. It is issued by the metropolitan authorities after all other related supporting documents, stating that requirements such as building standards, fire and elevator safety norms, drainage and so on, are in place.

However since the building has been completed and occupied for more than 8 years, you may not get OC from the authorities at this stage.
It may not be necessary to obtain OC at this stage especially when you have already availed home loan from a bank and have even discharged the same.
Since you have already got electricity connections and water supply, the OC may not assume any importance at this stage.

You may sell the property without OC, there wont be any legal impediment in it. Advocate, Vellore 79303 Answers 1622 Consultations

Talk to Advocate T Kalaiselvan

Another point i missed in my question: I didn’t pay any tax till date (property tax / municipal tax) on my flat as municipality didn’t generate any property tax number for any one in the apartment. Please guide me here how can i solve this puzzle to sell my flat.

Your builder should have approached the Municipal authorities for obtaining OC which would have facilitated the generation of property tax.
Even now you can approach the authorities for payment of tax and can even agree to pay the arrears of tax.
Why have you not taken interest in paying the taxes so far.

If need be you can even give an affidavit for this purpose explaining the circumstances why the assessment could not be made. Advocate, Vellore 79303 Answers 1622 Consultations

Talk to Advocate T Kalaiselvan

Can you sell a house without an OC?

The contract for sale The first thing you need to do if you are selling your house or apartment is to prepare a contract for sale. Putting your house on the market without having a proper contract is an offence under NSW law and could lead to you being fined.

What do I need to include in the contract for sale? The law says that all sellers must include certain information in the contract for sale and must also make certain promises (known legally as ‘warranties’) about the property they are selling. These obligations are known as the Vendor Disclosure Requirements.

The most common documents you may need to include with the contract are:

A zoning certificate. This is issued by local council and shows planning controls and other things which may affect the property, such as any proposed road widening A drainage diagram. This shows the location of any sewer lines A title search confirming that you own the property Copies of any documents creating easements, rights of way, restrictions or covenants Certificate of compliance or non-compliance for any swimming pool Certificate showing whether or not land tax is owing on the property.

You should also talk to your solicitor about whether you should include:

An identification survey A building certificate, and A homeowner’s warranty insurance certificate.

What if I am selling a strata title property? Most apartments in NSW are strata title. If you are selling a strata title property, you will also need to include:

A copy of the property certificate for the lot and common property A copy of the strata plan showing the lot A copy of the by-laws affecting for the strata scheme.

You should also let your solicitor know if any special levies have been levied or are likely to be levied. What warranties am I deemed to have made about the property? Unless the contract for sale includes specific information that says otherwise, by putting your property on the market you are deemed to have made a number of promises about it. These include:

That the land is not subject to any ‘adverse affectation’ (essentially government proposals that might affect the land) That there is no sewer on the land that is not shown in the drainage diagram That the zoning certificate gives an accurate picture of the zoning of the land at the date of the contract

What happens if the contract doesn’t comply? If you do not comply with the Vendor Disclosure Requirements and there turns out to be a problem with the property, the buyer may be able to cancel the contract for sale, in which case you will also have to return their deposit.

This could be very serious if you have already bought a new home.
Should I use standard or tailored terms in the contract? Many of the terms in any contract for sale will be standard, which means they have been in use for a long time and are generally considered to be fair to both the seller and the buyer.

You don’t necessarily have to include all of these standard terms in your contract, especially if they do not reflect your needs or the property you’re selling. Your solicitor will make sure that the contract for sale doesn’t only meet the legal requirements, but that it is also in your best interests.

That said, it is likely any buyer will want to negotiate some of the terms on which they’re buying. For instance, if they are also selling a home, they may want a longer or shorter settlement period than normal. Alternatively, they may want to make sure certain items, such as the blinds, are included as ‘fixtures’.

Your solicitor will continue to negotiate with the buyer’s solicitor to make sure that you still sell on your terms. This will include working out a time to ‘settle’ the sale, which is when you will be paid the balance owing. Selling by private treaty vs selling by auction Many properties in NSW are sold by private treaty.

This is where you advertise the amount you would like to achieve for your property and then negotiate the final price with any prospective buyers.
If you choose to sell by auction, the contract will not include a ‘cooling off’ period.
Instead, if the property is ‘on the market’ (i.e.
Your reserve has been met) and the hammer comes down, the winning bidder is bound to go through with their purchase (unless, of course, there is a serious problem with the contract for sale).

How does a ‘cooling off’ period work? A cooling off period gives a buyer the chance to consider whether they really want to enter the contract once the emotion of making an offer has subsided (it also gives them the chance to carry out any building and pest inspections before the contract is final).

Potential buyers will usually only forfeit 0.25 per cent of the purchase price if they pull out during the cooling off period.
You can ask the buyer to waive the cooling off period, especially if they have a solicitor acting for them and have done their searches and inspections.
What’s included in the sale? Unless the contract specifically says otherwise the property is sold ‘in the state it’s found’.

That also means any ‘fixtures’ are automatically included. A fixture is anything that cannot easily be taken away without doing damage to the property. For instance, stoves are usually fixtures because they are wired in, whereas fridges are not because they only need to be unplugged.

Sometimes you may be able to exclude a fixture from the contract for sale.
At other times, what constitutes a fixture isn’t so clear cut (e.g.
Removable floor coverings or an above-ground pool) and this can lead to a dispute between you and the buyer.
Where anything is in doubt, it should be expressly included in the contract for sale.

Identity documentation When first meeting with your solicitor, do not be surprised if your solicitor asks you to bring along identity documentation such as your passport, birth certificate, driver’s licence, marriage certificate etc. Under NSW laws, your solicitor will likely need to verify your identity and take copies of your identity documentation for your file.

Agent’s fees One cost you should factor in to the sale is the agent’s commission. It is usually a good idea to shop around and compare commission rates of various agents as well as the services being provided. Agents are required by law to give you a written guide to their fees, commissions and expenses before you sign an agreement with them.

You should have your solicitor review the agent’s agreement before you sign it. What is exchange? A contract to sell a property becomes binding when the buyer and seller sign their copy of the contract for sale and then ‘exchange’ them. At exchange, the buyer also usually hands over a deposit (usually 10 per cent).

At an auction, exchange happens immediately after the winning bid is accepted.
If the property is not sold at auction, your solicitor or agent will usually effect contract exchange by delivering your signed contract to the buyer and collecting the buyer’s signed copy as well as the deposit.
However, it is not unusual to exchange contracts by mail or even email.

The deposit Often after exchange, if the parties direct, your real estate agent will invest the deposit in an interest bearing account until settlement (your solicitor may do this if you do not have an agent). When the sale is finalised any interest earned on the deposit will then usually be split equally between you and the buyer.

Duty, GST and CGT In NSW, only buyers have to pay duty on a property transaction. However, there may be other taxes you will need to pay, particularly if you are selling an investment property. GST does not generally apply to the sale of residential property. But you will be liable for GST if the property you are selling has a commercial use (and in some other limited circumstances).

The sale of new residential premises and potential residential land may be subject to the GST withholding requirements. Where it applies, the purchaser withholds an amount from the contract price and pays that amount to the Australian Taxation Office.

Unless you purchased the property before 1985, the sale of an investment property will usually attract Capital Gains Tax (CGT).
However, you do not usually have to pay CGT on the sale of your own home.
That said, the law of CGT is complex so you should see your solicitor if you are in any doubt about whether or not you will need to pay CGT.

If the price of the property is $750,000 or more, and you are an Australian resident, you will need to provide the purchaser with a clearance certificate from the Australian Taxation Office. Your solicitor can help you comply with this requirement if it applies.

If you do not provide the clearance certificate, under the foreign resident capital gains withholding regime your purchaser will be required to forward one-tenth of the purchase price to the Australian Taxation Office.
What happens if a buyer wants to get in early? Sometimes a buyer will want to occupy the property before settlement, especially if they have already sold their home.

The standard contract for sale has a clause governing this scenario. It says that the buyer will have to pay you an occupation fee, creating a licence which runs until settlement date. It also says that the buyer must take out insurance and cannot make structural changes.

Any adjustments to utility bills, taxes etc should also take into account the date of occupation. Because risk ultimately rests with the seller, you should never let a potential buyer take possession of your house before settlement until you have consulted your solicitor. An alternative to early occupation may be to bring the settlement date forward.

Find out more:

Selling a home Finalising the sale

How long does it take to get occupancy certificate?

In terms of this provision, the local authority is required to issue such certificate within 14 days of being requested to do so by the owner of the building or any person having interest therein.

What is a final occupation certificate?

Occupation Certificate

What is an Occupation Certificate?
An Occupation Certificate allows a person to occupy and use a new building, or change the use of an existing building.
An Occupation Certificate verifies that the Principal Certifying Authority (Council or a Private Certifier) is satisfied that the building is suitable to occupy or and satisfies the relevant requirements of the Building Code of Australia (BCA).
The BCA is a code that sets the standards for the design and construction of various classes of buildings to maintain and protect public health, safety and amenity.
What types of Occupation Certificate are there?
There are two types:

A Final Occupation Certificate allows commencement of either the occupation or use of a new building (including alterations/extensions) or the new use of an existing building resulting from a change in its use.An Interim Occupation Certificate allows commencement of either the occupation or use of a partially completed building, or the commencement of a new use of part of an existing building resulting from a change of use of the building. The issuing of Interim Occupation Certificates is uncommon.

Where an Interim Occupation Certificate is issued, a Final Occupation Certificate is still required to be issued when all outstanding building work or the change of use is complete. A Final Occupation Certificate supersedes any previously issued Occupation Certificates. A Final Occupation Certificate is generally required to ensure insurance coverage.

Are Occupation Certificates required for all buildings and building work?
An Occupation Certificate is required for any new building work approved by a Construction Certificate or Complying Development Certificate, or change of use of a building where the building classification changes under the Building Code of Australia, that has been approved by way of Development Consent, or a Complying Development Certificate.
Occupation Certificates are not required for buildings which are exempt development or development which does not require development consent.
Who can issue an Occupation Certificate?
An Occupation Certificate is issued by your Principal Certifying Authority (PCA).

The Pros and Cons of Buying Off-The-Plan PropertyOff-the-plan property has been a buzz word for quit Applying for a Construction Certificate Before you begin any building work, you need a construction People that are to venture into developing property should understand how the property clock works.

What is part occupation certificate?

A legal document issued by the government agency or the local development authority affirming that a constructed property is in compliance with the national building code and is fit for occupancy is called an Occupancy Certificate (OC).

Is possession letter and completion certificate same?

What is the Difference between Possession Certificate and Occupancy Certificate? – A possession certificate states the property completion date. It doesn’t make you the rightful of the property. On the other hand, an occupancy certificate is issued by the local authorities stating the completion of the project and that the building is fit to be occupied.

What is an OC certification?

OC Pepper Spray Certification-$45.00 – McGrew And Associates, Inc. offers OC (Pepper Spray) Certification for Security Officers. This is a 2HR course that consists of a video, lecture and written test. The Pepper Spray Certification card will be issued at the conclusion of the course.

What does OC certificate mean?

What is Occupancy Certificate? – Occupancy certificate refers to a document that certifies that a building adheres to the national building codes and is suitable for occupancy. It is issued by a development authority or a local government agency, such as the municipal corporation.

Which comes first OC or CC?

CC is issued on completion of project, than authority verifies whether project is develop acc. to plan and by laws, than only OC is issued by authority after survey. So OC is necessary, 2.

Nehru Baral

Stroymaster – building materials