The Completion Certificate and
Occupancy Certificate from the Planning authority are essential for any
construction as per the provision of law.
These certificates evidence that the Commencement and Completion of the
building are as per the approved plan and in compliance of Locals laws. Every
body heard about the word Commencement Certificate and Occupancy Certificate.’ But practically, most of
the persons who are the owners of the buildings have not at all seen how the
Commencement Certificate and Completion Certificate will be. The Commencement certificate is one of the
most essential documents for the Apartment Construction. Only a few builders who are developing the
mega project are obtaining Commencement and Completion Certificates. Generally, for small Apartment owners,
getting completion certificate is not possible because of the deviation and
violation in the building construction. Some of the Financial institutions and
MNCs tenants are insisting on the Commencement Certificate and the Completion
Certificate from the owners of the building.
After the
approval of the building plan, the
owner shall give notice to the authority of the intention to start work on
building site in writing. Further, the owner shall give notice to the authority
on completion of foundation or footings before erection of walls on the
foundation. Within 15 days from the date
of receipt of such notice, the Engineering wing/authority shall inspect the
site to verify as to whether the foundation work for the building conforms to
the sanction plan or not. If the
foundation work is according to the sanction plan, the authority will issue
commencement certificate within the prescribed period from the date of the
inspection. In any case, the
construction shall be proceeded according to the sanctioned plan as if the
permission for the commencement of the work
is deemed to have been accorded.
Further, the authority will
verify as to whether the building has been constructed in all respects as per
the sanctioned plan of the building, complied with Building bye-laws, including
other relevant permissions or clearances obtained from the other departments.
If everything is in order, Engineering Department will issue the Commencement
certificate.
Problems with respect to
issuance of Occupancy Certificate arises on account of violation of Building
laws, which is almost 95% of building in Bangalore facing the problem. Though
common people have spent their hard earned money on the project with a dream of
owning a house, they are unable to get the occupancy certificate because of the
deviations in construction of the building. Whereas, the Builders having a good
connection, escape through various
loopholes in law and extended their saleable area.
Wherever any
construction is in violation of the sanctioned plan, the Commissioner may, if
he considers that the violation are minor viz., only when the violations is
within 5% of (1) the minimum set back to be left around the building (2) the
maximum plot coverage (3) permissible floor area ratio and maximum height of
the building and that the demolition under the Act is not feasible without
affecting the structural stability,
regularise such violations by issuing sanction of the modified plan
with a levy of suitable fee to be
prescribed. The Commissioner shall come
to such conclusion only after recording detailed reasons for the same. Violations under the provision shall not
include the buildings which are constructed without obtaining any sanctioned
plan whatsoever and also violation, which are made inspite of the same being
specifically deleted or rejected in the sanctioned plan.
In general, builders and
occupants are not much bothering about the Commencement Certificate and
Occupancy Certificate. It is advisable to insist for the Completion certificate
from the builders. Only after the receipt of completion certificate, the title
will be perfected. However, the officials are not bothering at the time
construction and they would not issue the completion certificate after
completion of the building. People in Bangalore in general are not bothering
about the completion certificate.
However, certain cases of
demolition of unauthorized floors,
deviations were happened very recently at Brigade Road Street and
Richmond Street, in Bangalore.
Deviation is a vicious circle,
which only the government can break. Government
must initiate immediate remedial action to stem the root. The authorities shall not be very rigid in
granting completion certificates. If the builder has deviated a little more
than the allowed percentage, the authorities may impose the huge penalty and
regularize the building.
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