Section 21 in Andhra Pradesh Revised Building Rules, 2008
21. Occupancy Certificate.
- (i) 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 300 sq.mts with height up to 5 mts Occupancy Certificate is optional.(ii)The owner shall submit a notice of completion through the registered architect and licensed builder/ developer along with prescribed documents and plans to the Sanctioning Authority. The Sanctioning Authority on receipt of such notice of completion shall undertake inspection with regard to the following aspects.(a)Number of floors(b)External setbacks(c)Parking space provision(d)Abutting road widthand shall communicate the approval or refusal of the occupancy Certificate within 15 days or may issue the same after levying and collecting compounding fee, if any, as follows:(iii)The sanctioning authority is empowered to compound the offence in relation to setback violations (other than the front setback) up to 10% in respect of individual residential buildings, duly recording thereon the reasons for violations in writing. This provision is made to take care of unintentional and minor violations in setbacks by the individual plot owners. The rate of Compounding fee shall be a minimum rate of Rs. 1000 per sq.m. of built up area on each floor in Municipal Corporation areas and at the rate of Rs. 500 per sq.m. in case of other Municipal areas and UDA areas, 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. These fees shall be maintained in a separate escrow account and utilized towards improvement of the roads and public open spaces development in the area.(iv)For all high rise buildings, the work shall be subject to inspection by the Fire service Department and the Occupancy Certificate shall be issued only after clearance from the Fire Services Department with regard to Fire and life Safety requirements.(v)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 where required is produced, or alternatively may charge 3 times the rate 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 till such time the Occupancy Certificate is obtained.(vi)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 in original. 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.(vii)The financial agencies/institutions shall extend loan facilities only to the permitted built up area as per the sanctioned building plan:
