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Certificates: OC & CC

Introduction

Everyday in our lives we come across various documents, they may be some important paperwork or legal document, or maybe some certificates. Now this particular document or what we call it, a certificate, plays an important role in our day to day life, be it a birth certificate, death certificate, no objection certificate, certificate of appreciation, there are n numbers of certificates each of which has a significant role to play in varied fields.
Here we are going to discuss about two of the most important certificates that have a pivotal role to play in the field/sector of real estate. When one invests his/her hard earned money by working day and night just to own the house of their dreams they often make a mistake of not to securing that investment which further leads the person into a troublesome nightmare. Therefore, in order to protect one from such nightmares of losing their dream house, these certificates come into the picture.
What is Occupancy Certificate and Completion Certificate?
As defined under the RERA Act, 2016 an “occupancy certificate” means the occupancy certificate, or such other certificate, by whatever name called, issued by the competent authority permitting occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity.

  • In simple terms, Occupancy Certificate is a document issued by the concerned civic body to verify that the prroperty is built according to the approved plan and bye-laws, that It adheres to the building code, all the basic amenities are in place such as water, sanitation and electricity etc. and all the required clearances are in place.

Furthermore, It is the responsibility of builder to get the OC from the competent authorities and make it available to the property buyers, therefore to obtain the OC the builder has to along with application form attach the following documents and submit it to the concerned authority-

  • building plan approval copy
  • building commencement certificate
  • building completion certificate
  • Property tax receipt
  • Photographs of the completed building
  • NOC from pollution board etc.

Whereas, a Completion Certificate means the completion certificate, or such other certificate, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws. (According to RERA Act)

  • In short, it certifies that a building is constructed according to the laid down norms and master plan of the city and consists all the information related to the project such as the building materials used, building height, and building plan, among other things like provision for green belt etc.

How to obtain it: The builder has to submit a proper completion certificate application to the Chief Zonal Officer with the following documents:

  • Photocopy of sale deed/lease deed
  • Photocopy of approved building plan
  • Copy of permission letter
  • Photostat of property tax paid up to date if any
  • Copy of water tax receipt.
  • Copy of underground drainage connection charges
  • Copy of electricity cable & road cutting charges paid

 

The importance of OC and CC

  • Importance of OC:
  • Firstly, it stands as evidence that the completion of the project is as per the approved plans and all the by-laws and norms have been adhered to.
  • Secondly, without the OC it would be difficult to get the water and sanitary connection therefore in order to acquire the connection it is necessary that the buyer has the certificate.
  • Furthermore, in order to acquire loan from bank or financial institution against the project (flat, house etc.) it is requisite to hold the OC otherwise the banks and FI’s would not sanction the loan.
  • Importance of CC:
  • It ensures a sense of security and certainty that the construction has been facilitated as per the plans and norms.
  • To claim income tax benefits, this certificate or Occupancy certificate is required.
  • Any evictions, legal complications, or even demolition by Municipal authorities can be avoided if you have a Completion certificate for that construction.
  • It's a significant requirement to be fulfilled even while selling your property since you have to render an Occupancy Certificate to the resident; otherwise, their stay would be deemed illegal.
  • It ensures a safe and peaceful stay in the longer run, and you're sure that the construction has been carried out as per the norms.

 

Difference between OC and CC
Therefore concluding from the above information one can differentiate between the two certificates in the following manner:

 

Occupancy Certificate

 

Completion Certificate
 

It examines and certifies a property for adherence to bylaws, civic amenities, electricity, sanitation and other clearances

Whereas, it is a document that certifies that a property is fit for possession by the buyers.

Occupation Certificate, on the other hand, signals that there is no violation of building construction norms, and thus, the structure is safe for occupants

Completion Certificate is just a reaffirmation that the building has been constructed as per the building bylaws and the layout plan has been approved by various concerned authorities.

Sec. 2(zf)  Definition of OC, RERA Act 2016

Sec. 2(q) definition of CC , RERA Act 2016

Tulika Sharma BBA LLB 3rd Year (Banasthali Vidyapeeth University)