Section 120C: Occupation certificate

120C. Occupation certificate (1) Where a building or part of a building has been erected pursuant to a Building and Land Use Permit, that building or part of that building shall not be inhabited, used or occupied unless an occupation certificate has, subject to subsection (7), been issued by the local authority which issued the permit. (2) An application for an occupation certificate shall – (a) be made by the holder of a Building and Land Use Permit; (b) be made on the completion of the erection of the building or part of the building; (c) be made, in such form as may be prescribed, to the local authority which issued the Building and Land Use Permit; and (d) in case the building or part of the building has a floor area of 150 square metres or more, be accompanied by a clearance certificate which shall be issued by a principal agent, certifying that the building or part of the building has been erected in accordance with the Building and Land Use Permit. (3) Where an applicant complies with his Building and Land Use Permit and the builder and developer pay, where applicable, the necessary premiums for an insurance policy in accordance with section 21 of the Building Control Act, the local 212 Acts 2018 authority shall issue to the applicant an occupation certificate within 5 working days from the date of the application made under subsection (2). (4) (a) Where an applicant fails to comply with his Building and Land Use Permit, the local authority shall, in accordance with section 127B, issue an enforcement notice specifying the measures that shall be taken to comply with his permit. (b) Where an applicant takes the measures pursuant to paragraph (a) and the builder and developer pay, where applicable, the necessary premiums for an insurance policy in accordance with section 21 of the Building Control Act, the local authority shall issue an occupation certificate to him within 5 working days from the date on which all the measures have been taken. (c) Where an applicant fails to take the measures pursuant to paragraph (a), the local authority shall reject the application and shall inform the applicant of its decision, giving its reasons. (d) Any applicant who is aggrieved by the decision of a local authority under paragraph (c) may appeal to the Environment and Land Use Appeal Tribunal. (5) Where a person allows a building, in respect of which no occupation certificate has been issued, to be inhabited, used or occupied, he shall commit an offence and shall, on conviction, be liable to a fine of not less than 10, 000 rupees and not exceeding 50, 000 rupees. Acts 2018 213 (6) The date of issue of an occupation certificate shall be deemed to be the date the building or part of the building is inhabited, used or occupied. (7) No occupation certificate shall be required in relation to such building as may be prescribed. (8) In this section – “applicant” means a person who applies for an occupation certificate; “builder” has the same meaning as in the Building Control Act; “developer” has the same meaning as in the Building Control Act; “principal agent” has the same meaning as in the Building Control Act. (iv) in section 122, in subsection (2), by deleting the word “Part” and replacing it by the words “Parts I and”; (b) by adding the following new Sub-part – Sub-Part G – Enforcement Provisions