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 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.
Problems 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 loopholes in law and extended their saleable area.
DEVIATIONS AND VIOLATION:
Wherever any construction is in violation of the sanctioned plan, the Commissioner may, if he considers that the violations are minor viz., only when the violations are 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, regularize 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.
CONSEQUENCE OF DEVIATION:
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 of construction and they would not issue the completion certificate even 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.