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.
Another Builder
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 tolend 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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