• Completion certificate is not there & Conveyance deed is there

I wish to buy a re-sale flat in Pune in 11 years old building. There are 3 wings in the building. Completion certificate is available for A1 and A2 wings. It is not available for A3 wing, in which I wish to buy a flat. Building was finished in 2009-10. 

Commencement certificate (year 2007) is there. Conveyance deed is completed in year 2014. Society is already formed. 

How critical is the issue about NON-AVAILABILITY of the Completion Certificate? Should I re-consider my decision to buy this flat?
Asked 5 years ago in Property Law
Religion: Hindu

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15 Answers

What about OC. ? OC is more important than CC. A1 and 2 have CC but not A 3 means, construction is not as per sanctioned plan and violating building bye laws.

Ask him to provide you construction plan and check variation. Major variation, don`t purchase.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

i assume the builder has conveyed the land and all 3 wings of the building to the society

but Completion certificate for A3 wing is not there

occupying a building without an OC/CC is illegal

all the taxes like property tax, water tax etc are charged at double the actual tax charged to buildings with OC

also in absence of an OC the local body may even take steps against the society and the occupants of the building for their eviction

though you will find many cases in which people continue to occupy buildings without OC for several years without any problem but then too, it will be like taking a risk

this risk gets lifted only when such building goes for redevelopment when the building will have to be demolished in which case the OC will not be a problem

however you must keep in mind that if there is no OC for a building that means that there is some pending compliance which is not done by the builder at the time of construction or the construction is not as per the sanctioned building plans as originally approved by the local body

thus even when such building without OC is sought to be demolished on redevelopment, the builder may have to face some issues in case there was any FSI violations due to which OC was not issued

so given the above reasons, it is a decision you have to take 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Don’t purchase the flat if building in which flat is located does not have completion certificate 

 

you would not be granted any bank loan for purchase of flat 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Typically what is required is "Occupancy Certificate" (OC) issued by the PMC and not "commencement certificate".

2. Conveyance is for the Plot of Land and not for individual flats.  Conveyance of individual flats is dependent on the Stamp Duty paid Registered Sale Deed and nothing else.

3. More than 50% buildings in Pune and Mumbai do not have OC, yet all type of Sale Deed and Bank Loan are executed without any problems.

4. The maximum penalty that is possible for occupying a building without OC, is a penalty of 25000/-  This too can be regularized, by following due procedures of law (architect's report and compliance or removing of other unauthorized portions.

 

 

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. ..

The OC is issued only once the building has been completed in all respects and can be occupied. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.

Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws.  As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies.

The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.

If the building construction is completed as per the building approval plan and if it also meets other building standards like distance from road, height of the building, if rain water harvesting system is in place etc., the civic authorities will issue CC.

So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities.

And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.

Before buying the flat you may enquire about this with the seller and the society also, if you dont get satisfactory reply or if your advocate opines that it may not be safe to buy the property without the statutory requirement of CC being furnished you may have a second thought over it.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Well, completion certificate is many circumstances may be lacking if there is minor works remains pending.

Without talking to the developer it is difficult to know the actual reasons behind non supply of this certificate.

if the other complaisance are duly met with, then it may be considered safe to buy this property though without perusing the relevant deeds I can not comment on title of this property.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

- A completion certification is a mandatory legal document that a builder should obtain from the municipal authorities after the completion of a building.

- Further, the CC proves that the said building is approved by the local authorities such as PMC Pune and rules of other local authorities.

- And further , the completion certificate contains all the required details including the identification of the land, the location, the organization/builder, distance from the road, distance from surrounding buildings, height and other criteria set by the municipal authorities. 

- Hence, if you purchase the flat without a valid completion certificate, you might be penalized by municipal authorities ,if municipal authorities discover that your building is illegal and does not have a completion certificate, they can issue notices of eviction as well.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. See in case  CC  is not there it wont be any issue it should have OC is important document to reflect that the building is constructed as per approved plan and has government body accent for same.

In case it is not present in my opinion you should not buy it.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Yes without completion certificate that property can anytime go into issues and litigation. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

When CC is not available, it is not advisable to purchase the flat.  Going forward it will give problems.

There is likelihood of popping up litigation with regards to said flat, just drop the idea of purchasing, however, if the CC can be obtained, yes you may purchase it.

Without CC it leads to litigation, which is avoidable.  Simply you will be purchasing problem by spending life time earnings.

Drop the idea of purchasing.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. Do not buy if completion certificate has not been issued.

2. Possession cannot be taken without CC.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

No issue regarding this , society can apply for CC if builder has not applied for it and get the CC.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

1. No need to worry about non availability of completion certificate if conveyance deed has been already registered.

2. You can go ahead with purchase of flat.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If you move into your home without a valid completion certificate, you might be penalised by municipal authorities on charges of misdemeanour. 

If municipal authorities discover that your building is illegal and does not have a completion certificate, they can issue notices of eviction.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Well it is is a document that ought to have been present. If it is not then ask what are the reasons behind it. It is important to know the reasons behind its absence. Then proceed accordingly.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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