OCCUPANCY CERTIFICATE AND Section 310 of the Karnataka Municipal Corporations Act makes it mandatory for building owners to obtain completion or occupancy certificates within a month of completion of the construction.


Buildings which do not get completion or occupancy certificates from local authorities will be denied electricity connection in nine districts, including Bangalore city.

Bangalore Electricity Supply Company Limited (Bescom), acting on a directive from the Karnataka High Court in a case related to the construction of a building in violation of sanctioned plan in the posh HSR Layout in Bangalore, on April 28 issued a circular making building completion or occupancy certificate mandatory for securing electricity connection.

The circular states that “all the field officers are hereby directed to insist for occupancy certificate in addition to the existing formalities from the applicant availing power supply to their buildings.”

Bescom, according to the circular, will issue an endorsement indicating that it cannot supply power if the building owner fails to produce the certificate while applying for electricity connections.

“The above directions are to be followed scrupulously while arranging power supply to commercial/multi-storied buildings/residential buildings/complexes,” the circular adds.

The circular will now come in handy for the Bruhat Bangalore Mahanagara Palike (BBMP) and municipal bodies in Bangalore urban, Bangalore Rural, Ramanagara, Chikballapur, Kolar, Tumkur, Davangere and Chitradurga districts (to which electricity is being supplied by Bescom) to check whether buildings have been constructed in violation of the sanctioned plan or without obtaining permission from the authorities concerned.

The High Court had directed Bescom not to supply electricity to a building bearing number 1085, 6th main, 19th cross, Sector 7, HSR Layout till the building owner, L. Dhanalakshmi, obtained the occupancy certificate from the BBMP.

The Court’s directive was a result of a petition filed by Sreekala Kadidal, owner of the neighbouring property. The BBMP, on a complaint by Ms. Kadidal, had found that Ms. Dhanalakshmi was constructing flats in violation of a plan sanctioned for constructing a residential building with six rooms.

Ms. Dhanalakshmi moved the Karnataka Appellate Tribunal (KAT) against the BBMP’s decision to demolish the illegally constructed portions of the building. The building owner contended before the KAT that there was no violation. The tribunal issued an interim order directing that status quo be maintained and further construction be stopped.

Meanwhile, Ms. Kadilal moved the High Court complaining that attempts were being made to provide water and electricity supply to the building for which the BBMP had not issued occupancy certificate.

After hearing the arguments, the High Court directed Bescom and the Bangalore Water Supply and Sewerage Board (BWSSB) not to provide electricity and water connections to the building until the KAT finally decided whether there was any violation and until the building owner produced the occupancy certificate.

Armed with the High Court order, the BBMP requested Bescom to instruct all its officials not to provide power supply to all building owners who fail to produce occupancy certificates while seeking electricity connections.

Section 310 of the Karnataka Municipal Corporations Act makes it mandatory for building owners to obtain completion or occupancy certificates within a month of completion of the construction.

 

3 thoughts on “OCCUPANCY CERTIFICATE AND Section 310 of the Karnataka Municipal Corporations Act makes it mandatory for building owners to obtain completion or occupancy certificates within a month of completion of the construction.

  1. If you mention the circular no issued by BESCOM will be great advantage to make follow up.

    1. Dear Sir,
      There is no specific circular. Please go through the high court order directing the BESCOM not to supply power to the building wihtout OC in case relating to an individual property in HSR layout between Ms.Dhanalakshmi vs Ms.Sreekala Kadidal and another case related to one of the apartment blocks in Kaggadasapura, recently.
      ecopackindia team

      1. Hi,

        Still Bescom and BWSSB is giving connections to the apartments which doesn’t have occupancy certificate. The common people buying the appartments are getting cheated by this. Can we do some thing against this?

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