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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 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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