Completion certificate V/S Occupation Certificate

Completion certificate V/S Occupation Certificate
  • General
  • Tuesday 6th August 2019
  • Author: Shreya Uppal

Highlights

  • The whole intent of the RERA Act, 2016 for its applicability is to protect the consumers through the construction period of the project.

  • After getting the completion certificate, the homebuyer/ builder can obtain the occupancy certificate from the concerned authorities.

  • The legal possession of the flat by the owner becomes valid only with the occupancy certificate.

  • Documents required to obtain OC are mentioned below:

Occupying a house without a completion certificate or occupation certificate is classified as an illegal activity as that house is considered as unauthorized structure by the authorities. For this reason only, when the RERA Act, 2016 was introduced and was not fully introduced till 1st May, 2017, the builders were in rush to get their Occupancy certificates so that the ongoing real estate projects do not come under the ambit of the RERA Act,2016 provisions.
The whole intent of the RERA Act, 2016 for its applicability is to protect the consumers through the construction period of the project. Therefore, once a project has the occupancy certificate the risk to the homebuyer decreases consequently.
Now, let us understand the difference between the two terms: Completion Certificate and Occupancy Certificate.
As per
Section 2 (q) of the RERA Act, 2016, "completion certificate" means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan, and specifications, as approved by the competent authority under the local laws.
As per
Section 2 (zf) of the RERA Act, 2016, "occupancy certificate" means the occupancy certificate, or such other certificate by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity.

Basic differential points between the two:
1. If the building is constructed as per the building approval plan and also meets other building standards like distance from the road, the height of the building, etc. the local authorities shall issue the Completion Certificate.
2. After getting the completion certificate, the homebuyer/ builder can obtain the occupancy certificate from the concerned authorities.
3.
Possessing Occupancy Certificate states that the building has complied with all the required building standards, local laws and it is safe to occupy. The legal possession of the flat by the owner becomes valid only with the occupancy certificate.
4. If all the things comply before getting the occupancy certificate like fire safety standards, building standards, holding completion certificate, one can get OC in 30 days.

Also Read: Modification in the Sanctioned plan

Documents required to obtain OC are mentioned below:
1. Completion certificate
2. NOC for fire and pollution
3. Copy of Building Sanction plan
4. Building Commencement Certificate
5. The latest Property Tax receipt
6. Photographs of the completed building
7. Photographs of rainwater harvesting and solar panels.

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Tags: 
Modification in the Sanctioned plan,  Property 

 

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