Occupancy Certificate in West Bengal is issued by local development authorities and it guarantees the fitness of the building for occupancy.
Occupancy Certificate in West Bengal
After waiting for months when you finally take possession of your dream home, you need to make sure that you have done all the required paperwork. One such important legal document is the Occupancy Certificate as it ensures that the building is fit for occupancy by residents.
Importance of Occupancy Certificate in West Bengal
According to the Real Estate (Regulation and Development) Act, 2016 (RERA) the property buyers should be extremely careful about the legal documentation of the home buying process and Occupancy Certificate is clearly one of the must have documents in that process.
An Occupancy Certificate (OC) is issued by the local municipal authorities or development authorities when the inspection from the government body is satisfactory, and it’s proved that the building construction has been done as per the approved plan. This certificate guarantees the legality and rightful possession of the property. The Occupancy certificate in West Bengal is often granted by local development authorities, such as NKDA in Newtown and it is equivalent to the Completion Certificate granted by the Kolkata Municipal Corporation or other such local municipalities in West Bengal.
Occupancy certificate in West Bengal is required for any real estate transaction whether the property is for your personal use or for resale purpose. Without an OC, home owners will not get the facilities like water, drainage and electricity connections. In absence of this particular legal document, the local government agency can initiate any legal action and eviction process. When a home buyer applies for a home loan, even the bank will ask for the Occupancy Certificate. This document is also necessary for the mutation process of the property.
Required Documents for Occupancy Certificate
In the State of West Bengal, the below mentioned documents must be presented along with the West Bengal occupancy application form:
- Three copies of the property Completion Certificate signed by the licensed Building Surveyor or the Architect and the applicant.
- Commencement Certificate
- Copy of the approved plan
- Structural safety certificate
- Certificate from the concerning technical personnel for completion of drainage and water supply (for projects with three or more independent separate residential units within the metropolitan areas)
- Copy of the complete sewerage plan and water supply connection certified by the concerning technical personnel (for projects within the jurisdiction of Bidhannagar Corporation and Nabadiganta Industrial Township Authority)
- Fire safety certificate (if applicable)
- Certificate from electric supply board
- Lift installation certificate (if applicable)
Who Can Apply for the Occupancy Certificate in West Bengal?
The builders/ developers should take the responsibility of applying for the Occupancy Certificate in West Bengal with the local municipal corporation or government agency within thirty days after the completion of the residential project.
As an individual property owner, you can also apply for the Occupancy Certificate if your property developer has not violated any rules and regulations and you have all the required paperwork for procuring an Occupancy Certificate. Ideally the Occupancy Certificate is issued within thirty days of the application.
Partial Occupancy Certificate
In some cases, a developer can get a partial Occupancy Certificate for a nearly finished residential property and flat owners can take possession. The validity of a sanctioned plan is five years and it can be extended for two more years with a fine. Buyers taking possession with a Partial Occupancy Certificate must ask the builder for the Occupancy Certificate as soon as the project or the building is finished. If your residential property is registered under the Real Estate (Regulation and Development) Act, you can check the status of your Occupancy Certificate on the website of the concerned State’s RERA. It’s mandatory for all the builders to update the developments of their projects on the RERA portal regularly. If you cannot check the update or if the data is not available on the RERA portal, you can confirm it from the local municipal corporation or government agency.
Consequences of Not Obtaining the Occupancy Certificate
As discussed above, occupancy certificate in West Bengal is a crucial document of the property to complete the buying process. This document certifies the legal status of the building and it preserves the ownership right. This certificate affirms that the building is suitable for taking possession. Residing in a property without obtaining the Occupancy Certificate can cause the following consequences:
- The property can be declared illegal and you may get evicted.
- The property can be demolished due to unauthorised construction
- Issues in availing home loan or reselling the property
- Water and electricity supply can be disconnected by the municipal authorities without any intimation
- Owner may be forced to pay a huge amount of extra property tax as a penalty.
Rights of Home Owner to obtain Occupancy Certificate
In case your property builder is refusing to provide an occupancy certificate in West Bengal or is trying to dupe you by providing you only the receipt of the OC, you can exercise your legal rights by filing your grievances with your State’s regulatory authority on the official web portal if your property is registered under the Real Estate (Regulation and Development) Act (RERA). This process generally involves an application fee of Rs. 1000/-, however, the amount may vary from state to state. You can also issue a legal notice against the builder asking him to hand over the OC within a month. Property owners can also take legal action against the builder by approaching consumer forums or under WBRERA and file a petition demanding the Occupancy Certificate. For legal help in this regard, do contact an experienced property lawyer.
Be vigilant and make sure that important legal documents ensuring your rights, like Occupancy Certificate, are in place and in case you need more guidance, contact an experienced property lawyer. For more details, check out Advocate Chenoy Ceil.