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Legal Importance of Completion Certificate in West Bengal and Kolkata

When you are planning to invest in a property, you should be ready for a time-consuming documentation process. Documents, such as Title Deed, Property Tax receipts, and Encumbrance certificate are needed to prove your entitlement towards your property. At the time of taking possession of your home, there are few important documents needed from the builder of the project. One of such mandatory documents is the Completion Certificate and we are going to discuss some important aspects of this document.

Definition of Completion Certificate

The Project Completion Certificate is an attested legal document from the local municipal body or the corporation. This document ensures that the building or the project has been built according to the approved building plan and there are absolutely no deviations from the approved plan.The certificate includes all the necessary information of the construction such as building height, material quality etc. It also assures that the property has been built in accordance with all the rules and bye-laws set by the authorities. The builders, as well as standalone property owners, should obtain this mandatory certificate to avail utilities like electricity supply, water supply and drainage system.

Importance of Completion Certificate

When you are buying or selling a property, you must have the Completion Certificate to prove the legality of the construction. The legal importance of this document is discussed below:

  1. It is the legal evidence to prove that the building has been built according to the approved plan and no regulations or rules have been violated.
  2. The details of the property including the location, identification of the land, the height of the building, quality of materials utilised, information of the builder are mentioned in the Completion Certificate.
  3. This certificate is a mandatory document for selling your home.
  4. In many States, this certificate is important for obtaining electricity and water supply.
  5. A Completion Certificate is mandatory to get the Occupancy Certificate. Without having an Occupancy Certificate, it is illegal to stay on a certain property.
  6. Completion Certificate is important to get the Possession Certificate which helps you to claim tax rebates.
  7. Completion Certificate protects homebuyers from evictions and other legal procedures.

Required Documents for Completion Certificate

Since this is a State affair, there can be differences in terms of required documents. In general, for the application of a completion certificate the builder needs to submit the following documents:

  1. Duly filled applicant form
  2. Building Plan
  3. Copy of the building plan approval and the permission letter
  4. Building completion certificate issued by a Licensed Architect/ Engineer
  5. Structural Engineer’s letter
  6. Copy of the sale deed or lease deed
  7. Borewell permission fees receipt, if any (photocopy)
  8. Updated tax payment receipt (photocopy) or Property Tax department NOC
  9. Completion Affidavit from the developer
  10. Part Completion Affidavit (If part completion certificate is sought)
  11. NOC from the Fire Department (if required)
  12. NOC from the State Pollution Control Board (if required)
  13. NOC for elevator operation (if required)
  14. Water tax receipt (photocopy)
  15. Under Ground Drainage (UGD) connection charges receipt (photocopy)
  16. Electricity cable and road cutting charge receipts (photocopy)
  17. NOC from Sewage Treatment Plant (STP) (if required)
  18. Solar system installation documents (if applicable)

Not every State in India will require all these documents for the registration of a property, but it is better to avoid unnecessary hassles later. A joint inspection by the local municipal authority or corporation authority will be scheduled once the developer applies for the Completion Certificate. When the inspection is done and it is established that the property has been built according to the approved building plan and there has been no violation of norms, then the Completion Certificate will be issued.

Provisional Completion Certificate

There are some cases where the housing project is nearly finished and it becomes a liability to offer possession to the buyers. Under such circumstances, a Provisional Completion Certificate is issued to the builder. This piece of legal paper has a validity of a limited period and the builder must finish the pending work within this time frame and apply for the final Completion Certificate.

If you need specific information about completion certificates in West Bengal and Kolkata or if disputes are arising out of lack of completion certificate for your building, contact here or email chenoyceil@gmail.com with your queries.

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