I have purchased a flat in a four-storeyed building. The builder says an occupancy certificate is applicable only to high rise buildings. Is he right? In case of any deviation in the building, is it still possible to get an occupancy certificate and in case the builder fails to provide it, can the owners of the flats collectively obtain it? What is the procedure to get an association registered under the Karnataka Apartment Ownership Act?
All buildings require an occupancy certificate. If there are deviations in excess of the permissible norms the certificate will not be issued. The purchasers generally are not entitled to apply for the certificate. In order to form an association, all the co-owners of the plot of land and owners of the flats should join in the execution of the deed of declaration, and also for the operation of the association. The sale deed and deed of declaration is to be registered with the Registrar of Assurance. You will get a model form of the deed of declaration and the rules in the Act itself, and you can suitably modify it for your building and requirements.

