INTRODUCTION
Many people often confused completion certificates and occupancy certificates however both these certificates are entirely different. Obtaining an occupancy certificate and completion certificate is mandatory under state laws. As per every state law, one cannot move into a building without occupancy certificates and completion certificates from the respective local administrative or civic bodies. When any builders plan to construct any building like a commercial, residential etc. or any other type of building the builder should know the building’s bye-laws and regulations like development code society, fire and safety rules etc. The builder has to follow all the rules and regulation and its vary on a state to state.
When the builder gets to start to the construction has to take the approval of competent authority it can be Municipal Corporation, development authority depending upon the states and jurisdictions. Generally, the approval is valid for 5 years it’s depending on state rules. Once the building construction is completed as per approved building plans and complies with building bye-laws. The authority ensures all these regulations are followed by builders and there are no violations only then a completion certificate is given to the builder. In occupancy certificate that the building is compiled with all required building standards and it’s safe to occupy a building and that the building is ready for water supply, gas, Amenities etc. it also issued by local government to either developer or owners by the authority.
STEPS INVOLVED TO APPLY COMPLETION CERTIFICATE AND OCCUPANCY CERTIFICATE
COMPLETION CERTIFICATE
Step 1: The builder or developer might apply for a completion certificate once the building construction gets over as per the approved plan.
Step 2: The builder or owner has to approach the Local Corporation or municipality to obtain a completion certificate.
Step 3: The application of Completion certificate along with the documents has to be enclosed such as a copy of sanctioned plans, photographs of entire buildings, Completion certificate by an architect licensed structural engineer, completion certificate by a licensed structural engineer, Tree plantation compliance certificate from the landowner or occupier, completion affidavit from the developer, NOC from the fire department and also other departments if the state laws mentioned. The documents can vary depending upon the state laws.
Step 4: Once the documents are submitted to the officials a physical inspection has to be conducted by the authority. The officials get satisfied about the building is built according to approved plans and specifications then the completion certificate will be issued 3 to 4 weeks with duly signed and stamped by the concerned authority.
Step 5: When the construction has not completed within the validation period the builder can apply for revalidation. The revalidation is given for 1 year after getting the extension the builder has to complete the construction.
OCCUPANCY CERTIFICATE
Step 1: The builder should submit an application to local municipal bodies within in 30 days of the completion of the building
Step 2: The application of occupancy certificate along with the required documents such as photographs of the completed building, completion certificate, Tax assessment with tax paid receipt, copy of the sanctioned plan, Built and sector plan, Completion certificate, NOC for fire and pollution.
Step 3: After submitting the form and documents the authorities should make done the physical inspection to confirm if the building has to be constructed as per approved plans and the builder should abide by the rules and regulations of state laws.
Step 4: Once the form is submitted the certificate will be issued within 30 days from the date of submission.
Step 5: Without an occupancy certificate, the building has not been awarded a pass certificate.
CONCLUSION
While both completion and occupancy certificate to protect the ownership rights. These certificates are evidence that the commencement and completion of buildings are held as per approved plans and in compliance with local laws. In the future, the certificates ensure that the building is fit for all suitable types of occupancy. If the developer refuses to obtain these certificates however the project has to be completed. Legal action has been taken against the builder and you can even make a case to a consumer court and the legislations like the Real Estate (Regulation and Development Act) this Act would be helpful for the negligence or fraud by developers. However, the owner of the property should be attentive about the documents and ensure all the important documents like the occupancy certificate and completion certificate.
REFERENCE
- https://www.indiafiling.com/learn/occupancy-certificate/
- https://www.relakhs.com/occupancy-certificate-completion-possession-certificate-completion-certificate-mening-importance/
- https://farmtorealestate.com/occupancy-certificate/
This Article is Authored by Shantha Roopini.B, 5th Year BBA LLB (HONS) Student at The Tamil Nadu Dr. AmbedkarLlaw University School Of Excellence in law.
