Status as on- 10/03/2021

It is mandatory for the builders to complete the whole project including amenities, such as approach roads, water facilities, drainage connections and so on, as agreed between them and the purchasers, the Madras High Court has held.

The word “Completion” has to be given a liberal interpretation and not literal. Just making a structural building doesn’t mean the project has been completed. It should include every basic facility and other things that were mutually agreed by builder-buyer in accordance with BBA. The concerned Authorities issuing the CC should be more vigilant before issuing any such certificate otherwise it will defeat the very purpose of the Act that is to protect the buyers from dominance and malpractices of builders.

Completion Certificate and its Importance:

Completion Certificate or CC is one of the most important documents in the field of Real Estate sector. According to RERA, CC is issued by the competent Authority certifying that the real estate project has been developed according to the sanctioned plan, layout plan and other specifications as approved by the competent authority. In layman language it means a document that is awarded after the proper inspection to the promoter/builder once the project has been completely constructed along with having basic amenities such as electricity, water, drainage.

Completion Certificate contains all the important information about the project including location, details of developer/agents, material used for construction and whether the project has been built in accordance with the building plans or not.

Developers tend to handover possession to homebuyers without CC but it is highly recommended to the buyers to not accept the possession without CC as such a property is deemed to be illegal.

Invalid Completion Certificate:

Real estate business is going through a very dreadful state since long. Homebuyers are being routinely deceived by the developers. There is no proper execution of the rules and regulations that were framed for the transparency between builder-buyer. Builders are getting CC issued without proper completion of the work at construction site. Issuance of CC without proper inspection is still a big question on the system.

Looking upon the situation, Hon’ble Madras High Court directed the state government to take strict actions against the officers who issue CC without proper inspection.

Conclusion

RERA came into force to enhance the transparency between builder and buyer and to establish a strong adjudicating mechanism in the real estate sector.

It has proved to be one of the strongest enactments to protect the interest of public in general but still there are violations done by some concerned executives hampering the progress in real estate sector. Higher authorities are being vigilant of this fact and therefore whenever required pass an order directing them to work appropriately.

Disclaimer– The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in