REDEVELOPMENT OF OLD BUILDINGS AND AWARDING THE BCC BY LOCAL AUTHORITIES
What is a Building Completion Certificate (BCC)?
Once the project is completed, the Local Authority inspects the premise on the basis of the Building Plan and awards the Building Completion Certificate if it is satisfied.
During the construction of a building, the Builder is supposed to get No-Objection Certificates from various Departments of the Local Development Authority for basic amenities such as water and electricity, stating that the building construction is not violating any norms in the area.
According to Apartment Acts of various States, after completion of a project, it is mandatory for the Builder or the owner of a Stand-Alone Property to get a Building Completion Certificate from the Local Authority to ensure the supply of basic amenities.
The Builder then applies to the Departments yet again along with a copy of the Building Completion Certificate to get water, electricity connection and other basic amenities for the project.
Provisional Building Completion Certificate:
Sometimes Builders get a Provisional Building Completion Certificate to hand over the possession of Apartments in a newly constructed project. In the meanwhile, the Builder finishes the remaining work such as painting and landscaping. However, the Provisional Certificate is valid only for six months. After the expiry of this period, the Builder has to apply for the Final Building Completion Certificate.
Why is it important?
Apart from ensuring that basic amenities, such as water, electricity and drainage system are provided, a Building Completion Certificate ensures that the Builder/Owner has constructed the building according to the approved Building Plan. Without obtaining the Building Completion Certificate, the Builder cannot give the possession of the house to the buyer.
The Builder has to construct the building as per approved plan without any deviations and violations. Issuing of Building Completion Certificate will ensure that the Builder has constructed the building as per Approved Plan.
If the Builder cannot get the Building Completion Certificate, there could be trouble in terms of delay in possession. For instance, in the Commonwealth Games Village (CWG) in New Delhi, it was found during the process of awarding the Building Completion Certificate the Builder had violated norms of the Floor Area Ratio Limit by constructing on a larger area than mandated. While the Government is yet to decide on awarding the Building Completion Certificate and Regularization of the extra area, buyers in the project are waiting for possession.
What you can do?
In cases where your Builder has been unable to procure a Building Completion Certificate, you can directly ask the Local Authority to hand over the possession to you. You can apply to the Authority independently by forming a Residents’ Welfare Association (RWA). The Authority then becomes responsible to answer your application within 40-50 days of your applying. If the Authority also fails to offer you possession, you can approach the Court.
Dilip Shah & Associates
Senior Counsellors and Analysts for Redevelopment of Housing Societies
www.redevelopmentofhousingsocieties.com
dilip7shah@gmail.com
9819825752, 3241153
