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
Occupancy Certificate, it is difficult to get the water and sanitary
connections. Financial Institutions also insist on Occupancy Certificate.
Problems
with respect to issuance of Occupancy Certificate arise on account of violation
of building Law, 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.
Having
invested their precious money in such buildings and after waiting for many
years to get Occupancy Certificate, the Purchasers are forced to occupy the
flats even without power, water and sewage connections instead of losing the
property.
In
one of the cases, a Builder was unable to obtain the Occupancy Certificate.
After a prolonged wait, he requested his Purchasers and handed over the
apartments without power, water and sewage connections. He put the entire blame
on the Revenue Authorities and disappeared. The Occupants had to find their own
ways.
Obtaining
the approval of the plans has become just a formality and a casual affair.
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 the 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
pretext or the other.
AnotherBuilder constructed small flats targeting the Middle Income Group (MIG). 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 something different in gross violation of the approved
plan. Instead of constructing 4 dwelling units, he constructed 6 dwelling
units. The persons, who invested in Flats, are now desperate, as they would
lose their money and the flats, if the Authorities decide to demolish the
structure.
It
is not 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 Bylaws and approved building
plan. He has completed 5 flat and 3 remains to be completed. The Builder
received full payment from five Purchasers while the other three backed out.
This has put the Builder in a difficult situation. For want of funds, three
flats remained incomplete and Occupancy Certificate could not be obtained as
the Authorities will issue Occupancy Certificate only after completion of the
entire construction. The Financial Institutions refused to lend in the absence
of Occupancy Certificate or No Objection Certificate from the Authorities. The
net result was that not only the Builder was 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 repayment of 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 visits 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 follow rules and regulations but a few do not. They disobey
rules and regulations and violate them.This is a vicious circle, which only the
Government can break. Government must initiate immediate remedial action to
stem the rot. The Authorities should not be very rigid in granting completion
of Certificates. If the Builder has deviated a little more than the allowed
percentage, the Authorities may impose a penalty and regularise the building.
The
Investors too are responsible for this fiasco. They do not check the
antecedents of the Builder and his track record. Before taking possession, they
do not check whether the building is according to the agreement. Many do not
demand the Occupancy Certificate, Parent Documents, Title Deeds, Deposit
receipts from the Builder.The Purchaser, who has not collected the required documents,
will have to face various types of problems at a later stage.
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