How to apply for completion certificate and occupancy certificate

हिंदी में पढ़ें
June 07, 2021
By Advocate Chikirsha Mohanty





What is a completion certificate?

A completion certificate signifies that a building has been constructed according to the prescribed rules, and the concerned authorities have cleared the project. When any construction of project starts, the builders obtain no - objection certificate from the authorities concerned for the supply of essential utilities like water and electricity.

When a construction is nearing completion, the authorities inspect the site. If satisfied, a completion certificate is issued, which will ensure supply of essential utilities.

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What is an occupancy certificate?

Occupancy certificate authorises customers to stay in the property. It is issued by the metropolitan authorities 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.



What is the importance of completion certificate?

  • Completion certificate stands as a proof to the builder’s adherence with National Building code of India, 2005.

  • This certificate is necessary for obtaining basic necessities like water, electricity and others.

  • It is after receiving a certificate, the water rate gets converted to domestic from non – domestic one, in case of residential buildings.

  • The building will be assessed for property tax with effect from date of completion of the building.

  • The completion certificate will facilitate payment of final instalment of the housing loan to start repayment of the same.



What is the importance of occupancy certificate?

If a building does not have an OC, it means that the building may not comply with the mandatory regulations and may not have been built as per the sanctioned plan. Such buildings are not considered to be ready for inhabitation and can be considered as an unauthorized structure that has to be demolished.

According to Indian law, it is illegal to occupy a building with an OC due to the following reasons.

  • The building may be technically unsafe for occupation because of quality of construction, electrical and fire safety, safety of stairs and lift, etc.

  • The building may not adhere to the approved plan and may have unauthorized extensions, walls and floors.

  • In case of any mishap/accident, occupants of the building cannot hold anyone liable and they may not be eligible for insurance claims.

  • The connection for utilities such as water, electricity, and drainage can be discontinued anytime and the building may be demolished.

    Consult:Top Property Lawyers in India



How to obtain a completion certificate?

A completion certificate can be obtained from Chief zonal officer of the municipal corporation/development authority of your city. You and your architect need to submit proper completion certificate application along with following documents

  • Copy of sale deed/lease deed

  • Copy of approved building plan and permission letter

  • Receipt of property tax paid up to date, if any

  • Receipt of water tax paid

  • Receipt of underground drainage connection charges

  • Receipt of electricity cable & road cutting charges paid

  • Receipt of bore well permission fee paid, if any

  • Affidavit on Rs 10/- Non-judicial stamp paper to be attested by Notary Public/Metropolitan magistrate declaring ownership of the building, details of the architect/engineer engaged for construction and completion of construction as per bye-laws

  • Other documents as demanded/ required by the concerned authorities



How to obtain occupancy certificate?

After the construction of a building is completed, the builder or the buyer has to submit an OC application form to the concerned municipal or local development authority. The application form for obtaining OC should be submitted within 30 days of completing the construction.
Along with the application, the following documents should be submitted for processing the application:

  • Commencement certificate

  • Completion certificate

  • Built plan along with elevation, site, and section plan

  • No objection certificate from fire force

  • Area calculation sheet of floor signed by an architect

  • Tax assessment with tax paid receipt

  • Photographs of completed building

  • Photographs of rainwater harvesting and solar panels

  • Copy of the sanctioned plan

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The authorities will then conduct a physical inspection of the building and will evaluate if the building is constructed according to the approved plan and then, issue the certificate.

If there are deviations up to 5% from the approved plan, a fine will be levied based on the extent of the deviation. The OC will be issued after the fee is paid.



Who can apply for completion certificate?

The Builder is required to apply for Completion Certificate



Who can apply for occupation certificate?

Although the builder is required to obtain an occupation certificate, but, the flat-owner can also apply for an occupation certificate. If the flat-owner has already occupied the flat with occupation certificate, they can approach the Local corporation or municipality and apply for it. If the building has been constructed as per the approved plans and standards and if completion certificate is already aqcuired, then, occupancy certificate can be acquired in 30 days. However, the occupation certificate can be can be may not be issued at all, if the bulding has not been built according to necessary requirements as necessitatedby appropriate govt. bodies.



Is it safe to buy a flat without occupation certificate / completion certificate?

In order to get income tax benefits on home loan, employer may ask for occupancy certificate along with the home loan statement. occupancy certificate is necessary for occupying a property and hence if you do so without one, the civil bodies ask you to vacate the property. Problems while getting water or electricity connection or sanitary connection may also be facd without the certificates. If you wish to sell your flat later, you may find several issues in trying to find a buyer. It may also be very difficult to obtain a Khata Certificate without an occupancy certificate.



Can builders issue partial occupancy certificate?

In situations of large projects are to be developed with varying comletion dates, the concerned authoritiy can grant a partial occupancy certificate for the completed phases or blocks. After completing the entire project, these partial occupancy certificates are replaced with final occupancy certificates.

Consult:Top Property Lawyers in India

How can a lawyer help?

A completion and occupation certificatebeing a legal document requires the supervision of a legal expert for the purpose of drafting and executing. Adocumentation lawyer, owing to his years of experience in handling property-related documents, can guide you through the procedure of drafting and registration of the same. He can get the document drafted on your behalf and can ensure that your other rights or assets are not affected by executing a particular document. He can make sure that all the legal formalities are fulfilled while following the legal procedures and no legal harm is done to the property holderduring the transaction.You can also use LawRato'sFree Legal Adviceservice to get free advice on your case from expert propertylawyers.



 

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municipal corporation not providing occupancy certificate what to do?

Virendra on Aug 08, 2021
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how much time does it take to obtain occupancy certificate?

Sandhya on Aug 24, 2021
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builder took money not giving property. Pls tell lawyer

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