(Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore)
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. Everybody 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 projects 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.
with respect to issuance of Occupancy Certificate arises on account of violation of Building laws, such is almost 95% of buildings 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 loop holes in law and extended their salable area.