Which certificates
prove your housing project is legal
As a buyer of any housing
property, it is important that all your papers are in place and up to date.
These papers ensure that the building has been constructed adhering to all
rules and laws.
Lack of necessary
documents can cause a lot of trouble, be it at the construction stage, as seen
with a property in Noida, or later, as is happening with a housing complex in
Mumbai.
One of these
documents is “completion certificate”.
What is it?
A completion
certificate is proof that the building has been constructed in accordance with
the prescribed rules, and that all the concerned authorities have cleared the
project. To begin with, when the construction work of a project starts, the
builder obtains no-objection certificates (NOCs) from authorities concerned for
essential supplies such as water and electricity.
These NOCs state that
the construction being undertaken is within the ambit of law. When a
construction is nearing completion, the NOC-issuing authorities inspect the
site. If satisfied, a completion certificate is issued, which will ensure
supply of essential utilities. A completion certificate also means that the
building has been built according to the approved plan.
A builder / promoter
may also seek a provisional completion certificate from authorities at the time
of giving possession to customers. This provisional certificate is valid for
six months. During this period, the builder takes care of final details, like
landscaping, repairing lanes, and others.
After the six (6)
months, the builder needs to get the final completion certificate. Other
certificates There are some other essential documents as well, apart from the
completion certificate, that customers should look for. Occupancy certificate
is one such document. Issued by the local authority, it authorizes customers to
stay in the property.
It is issued after
all other related supporting documents, stating that requirements such as
building standards, fire and elevator safety norms, drainage and so on, are in
place.
Then there is the
encumbrance certificate, which establishes that the property has free title.
This ensures that the property, be it land or house, does not have any legal
dispute and has a clear and marketable title. Why the documents are necessary
Without a completion certificate, a builder cannot hand over a property to the
homebuyers. This certificate, along with the others mentioned, ensures that
customers do not face legal issues in the future.
If the builder fails
to obtain and pass on the completion certificate, buyers can approach the local
authority directly to get it. Buyers in the same project can form a residents’
welfare association and approach the authority, which then becomes obligated to
reply within a stipulated time period. If this does not happen, buyers can
approach a competent court.
Src: livemint
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