Builder denying to consruct on the basis that he is not having completion certificate. What are the alternatives?

Q: I want to construct closed fabricated structure in balcony attached to hall from security point of view. Builder is denying on the front that he has not completion certificate. Security is important for me. What are the alternatives?

Vicky More,

29th December 2014

Legal in Pune

occupancy certificate

completion certificate

legal in pune

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Replies (4)

Owners of flats and houses will no more have to depend on the builder for the occupancy or completion certificate as the same will soon be issued to them if the construction norms have been met and the builder has not bothered to procure it from the Pune Municipal Corporation. However, if the flat or house has not been built as per the norms laid down by the PMC, the owner will have to either tell the builder to fulfil the requirements or do it himself or herself.

Aarti Bal Pathak, Pune

31st December 2014

Comment

In cases where your developer has been unable to offer a completion certificate, you can directly ask the local authority to hand over the possession to you. You can apply to the authority independently by forming a residents welfare association (RWA). The authority then becomes responsible to answer your application within 40-50 days of your applying. If the authority also fails to offer you possession, you can approach the court.

Sneha Ambedkar, Pune

31st December 2014

Comment

Apart from ensuring that basic amenities, such as water, electricity and drainage system are provided, a completion certificate make sure that the builder/owner has constructed the building according to the approved building plan. Without obtaining the completion certificate, the builder cannot give the possession of the house to the buyer.

Aarti Bal Pathak, Pune

31st December 2014

Comment

According to apartment Acts of various states, after completion of a project, it is mandatory for the builder or the owner of a stand-alone property to get a completion certificate from the local authority to ensure the supply of basic amenities such as water and electricity, stating that the building construction is not violating any norms in the area.

Sneha Ambedkar, Pune

31st December 2014

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