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What are the legal requirements for the issuance of completion certificates under RERA?

What are the legal requirements for the issuance of completion certificates under RERA?

31-Oct-2024

RERA

Answer By law4u team

The issuance of completion certificates under the Real Estate (Regulation and Development) Act, 2016 (RERA) in India involves several legal requirements aimed at ensuring that the construction of a project is completed in compliance with approved plans and applicable regulations. Here are the key legal requirements: Application for Completion Certificate: The builder or developer must submit a formal application to the relevant regulatory authority for the issuance of a completion certificate upon completing the construction of the project. Compliance with Approved Plans: The construction must be completed in accordance with the approved building plans and specifications. Any deviations from these plans may lead to the rejection of the application for a completion certificate. Completion of All Necessary Approvals: The developer must obtain all necessary approvals and clearances from local authorities, including environmental clearances, fire safety approvals, and occupancy certificates. Structural Safety: The construction must adhere to all applicable building codes and standards, ensuring structural safety. This may require certifications from qualified professionals, such as architects and structural engineers. Submission of Required Documents: The application for a completion certificate must be accompanied by various documents, including: The original sanctioned building plan. An affidavit or declaration confirming compliance with all applicable laws and regulations. A completion report signed by an architect or structural engineer. Any other documents as specified by the regulatory authority. Payment of Dues: The builder must ensure that all dues, including property taxes and fees payable to the local authority, are cleared before applying for the completion certificate. Inspection by Authorities: The relevant regulatory authority may conduct an inspection of the completed project to verify compliance with the approved plans, safety standards, and other legal requirements. Timeframe for Issuance: Under RERA, the regulatory authority is required to issue the completion certificate within a specified timeframe after receiving the application, provided all conditions and requirements are met. Transparency and Record-Keeping: The issuance of completion certificates must be documented transparently, and records should be maintained by the regulatory authority for future reference. Public Access: Once issued, completion certificates are typically made available for public access, ensuring transparency in the regulatory process. In summary, the legal requirements for the issuance of completion certificates under RERA include submitting a formal application, ensuring compliance with approved plans and safety standards, obtaining necessary approvals, providing required documentation, and facilitating inspections by regulatory authorities. These measures aim to ensure that completed projects meet all legal and safety standards before they are occupied.

Answer By Anik

Dear Client, Assistance under RERA Act also known as Real Estate (Regulation and Development) Act, 2016 –Section 43 (2):- ‘The promoter shall not release any part of the project from the provisions of these regulations until the completion certificate has been issued in respect of the project’. In relation to RERA Section 2(q), the completion certificate proves that the layout of the project, designs and technical specifications have been implemented as approved. This certificate is the legal requirement for occupying any residential or commercial unit and it confirms that the project is complete in a manner that complies with terms given by the authorities. Finally, though sometimes the completion certificate or occupancy certificate is issued by the architect of the project, it must be obtained by the developer or promoter upon completion of the project. According to RERA regulation, section 11(4)(b), the promoter of the project needs to obtain this certification and make it available to the homebuyers either collectively or through association. This document has to be submitted along with several other NOCs such as and utilities Water NOC, Sewage NOC, Electrcity NOC and other relevant approvals to the RERA authority. It makes certain that the requisite civil facilities for the occupants such as water and sewerage, waste disposal etc., are in functioning order. It is therefore understood that Completion certificates provide a crucial function, as they align regulatory, buyers’ rights and the developer’s responsibilities. According to RERA regulation, the developer cannot transfer ownership or allow occupation without this certificate, which is why it is compulsory for the legal completion of a project by the developer to the allottees. For any other details please feel free to contact us. Thank you.

Answer By Ayantika Mondal

Dear Client, The support offered under section Real Estate (Regulation and Development) Act, 2016, also known as RERA Act is significant to check the compliances in actual estate business. As per Section 43(2) of RERA, no promoter can sell any part of the project, unless the completion certificate has been received by the said project. This completion certificate referred Section 2 (q) of RERA validates that the project as per approved layout, design, and technical specifications of the project. It is useful when being in any residential or commercial building, acting as the certificate that the work has been done in a proper manner, in accordance with the requirements of the corresponding departments. And though in some cases this might be done through the project’s architect, it remains the duty of the developer or promoter to secure this completion or occupancy certificate whenever they are through with the project. As put down in Section 11(4)(b) of RERA, the promoter is required to provide this certificate to the home buyers, either jointly or through an association. It must be noted that completion certificate needs to be attached along with other No Objection Certificate (’s) like Water NOC, Sewage NOC, Electricity NOC and other Approvals to the RERA authority. It also guarantees that every civil availability such as water supply and sewage will be in fine working order for the occupants. To sum up, completion certificates remain highly important due to the prism of compliance with the regulations on the one hand, and recognition of the rights belonging to the buyers and the obligations shouldered on the developers, on the other hand. RERA categorically prohibits developers from transferring full ownership or conferring occupancy rights without the occupancy certificate and mandates developers to legally complete a project before providing it to the allottees. For any other details please feel free to contact us. Thank you.