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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