Section 26 in Andhra Pradesh Building Rules - 2012
26. Occupancy Certificate.
(a)Occupancy Certificate shall be mandatory for all buildings. No person shall occupy or allow any other person to occupy any building or part of a building for any purpose unless such building has been granted an Occupancy Certificate by the Sanctioning Authority. Partial Occupancy Certificate may be considered by the Sanctioning authority on merits i.e. flats / units or area within a complex which have fulfilled all the requirements in addition to basic facilities like lifts water supply, sanitation, drainage, roads, common lighting etc. However, in respect of individual buildings in plots up to 100sq.m with height up to 7m obtaining Occupancy Certificate is optional.(b)The owner shall submit a notice of completion through the registered architect and licenced builder / developer along with prescribed documents and plans to the Sanctioning Authority. The Sanctioning Authority or the person authorized, on receipt of such notice of completion shall undertake inspection with regard to the following aspects:(i)*No. of Floors.(ii)External setbacks.(iii)Usage of the building.(iv)Parking space provision.(v)Abutting road width* The total height of the building may vary to a maximum of 1m with no change in the permitted number of floors subject to compliance of fire service norms.(c)The Sanctioning Authority shall communicate the approval or refusal of the Occupancy Certificate within 15days or may issue the same after levying and collecting compounding fee, if any. If the authority fails to issue the occupancy certificate within the above stipulated period the responsibility shall be fixed with the concerned officer who fails to process the file.(d)The Sanctioning Authority is empowered to compound the offence in relation to setbacks violations (other than the front setback) in respect of non high rise buildings only up to 10%, duly recording thereon the violations in writing. The rate of Compounding fee shall be equivalent to one hundred percent of the value of the land as fixed by the Registration Department at the time of compounding for the violated portion and the Government may revise this rate from time to time. Compounding of such violation shall not be considered for buildings constructed without obtaining any sanctioned plan.(e)For all high rise buildings, the work shall be subject to inspection by the Andhra Pradesh State Disasters Response & Fire Services Department and the Occupancy Certificate shall be issued only after clearance from the Andhra Pradesh State Disasters Response & Fire Services Department with regard to Fire Safety and Protection requirements.(f)The sanctioning authority shall ensure that all public and semi public buildings are constructed disable friendly and provide facilities for specially enabled persons as per National Building Code -2005 of India while issuing occupancy certificate.(g)The functional/line agencies dealing with electric power, water supply, drainage and sewerage shall not give regular connections to the building unless such Occupancy Certificate is produced, or alternatively may charge 3 times the tariff till such time Occupancy Certificate is produced. This condition shall also be applicable to all unauthorized constructions and buildings constructed without sanctioned building plan. In addition to the above, the Local Body shall collect every year two times the property tax as penalty from the owner / occupier.(h)The Registration Authority shall register only the permitted built up area as per the sanctioned building plan and only upon producing and filing a copy of such sanctioned building plan. On the Registration Document it should be clearly mentioned that the registration is in accordance with the sanctioned building plan in respect of setbacks and number of floors.(i)The financial agencies / institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan.
