Occupancy Certificate is a very important document. It evidences the completion of the building as per the approved plan and compliance of local laws. Local bodies like city corporations / city
municipalities issue occupancy certificates. Without the occupancy certificate,
it is difficult to get the water and anitary connection. Financial institutions
insists on occupancy certificate to sanction loans.
Problems with respect to issuance of occupancy
certificate arise on account of violation of building laws which are increasing
day by day. Though the people have spent their hard earned money on the project with a dream of owning a house, they could not occupy the house for want of
occupancy certificate. They have to suffer for none of their faults. Builders having
good connections escape through various loop holes in the law.
Having invested precious money in such buildings and
after waiting for many years to get an occupancy certificate, the purchasers occupy the houses lest they may loose the property. They prefer to occupy the
flats without power, water and sewerage connections instead of loosing the
property.
In one of the cases the builder unable to obtain the
occupancy certificate after a prolonged wait requested his purchasers and
handed over the apartments without power, water and sewerage connections. He
put the entire blame on revenue authorities and disappeared. The occupants have
to find their ownway.
Obtaining the approval of the plans has become just a
casual affair and nobody will abide by that. It is just a document to be
produced during inspection. During the boom time a builder constructed several houses and flats violating building rules and regulations. He deviated from the
approved building plans and went on to construct apartments where he should not
have constructed. The civic authorities refused to give occupancy certificate
despite best efforts of the builder.
In the mean time, the apartment purchasers on the
assumption that things were happening to their satisfaction, performed house-
warming ceremonies and took possession of the flats. When they were about to
move in, the builder revealed the shocking news that even though he had
constructed the apartments and houses to
their liking, the authorities were not issuing occupancy certificate on one retext or the other.
Another builder constructed small flats targeting the
middle-income group. The authorities, however, refused to issue occupancy
certificate because of deviation from the approved plan. In this case, the
builder got the plan approved for construction of 4 dwelling units - 2 on the
ground floor and 2 on the first floor. However, he did some thing different in
gross violation of the approved plan. Instead of constructing 4 dwelling units,
he constructed 6 dwelling units. The persons who have invested in the flats are
now desperate, as they would lose their money and the flats if the authorities
decide to demolish the structure.
It is not that only the flat owners are suffering. A
few builders, who have a heart for the investing public, too face problems. One
such builder constructed 8 flats in accordance with the building regulations
and bye-laws and approved building plan. He has completed five and 3 remains to
be completed. The builder has received the full payment from five purchasers
other three have backed out. This has put the builder in a difficult situation.
For want of funds, three flats remain incomplete.
The authorities will issue occupancy certificate only
after completion of the entire construction and the financial institutions are
refusing to lend in the absence of occupancy certificate or no objection
certificate from the authorities. The net result is that not only the builder
is losing money but also the purchasers of the flats, who have to pay interest
to the financial institutions. The financiers too face difficulties In getting
back loan installments.
The authorities in the scheme of things must be blamed
for this state of affairs. The inspecting authorities do not carry out periodic
and surprise checks at the construction site. In case of deviation they should
take the builder to task in the beginning itself and not at the flag end of the
construction. Majority of the builders follows rules and regulations; but a few
do not. They dishonor rules and regulations by violating them.
This is a vicious circle, which only the government can
break. Government must initiate immediate remedial action to stem the rot. 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 penalty and regularise the building.
The investors too must share the blame. They do not
check the antecedents of the builder and his track record. Before taking possess ion they do not check whether the building is according to the sanctioned plan and the fixtures are according to the agreement. Many do not
demand occupancy certificate, parent documents, title deeds, deposit receipts,
from the builder.
The purchaser who has not collected all the required
documents, has to face various types of problems at a later stage.
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