Completion certificate of the building

Aman Patel (Querist) 08 May 2024 This query is : Resolved
Hi,
My question is related to a building apartment. A promoter (local) entered into a development agreement of land to build a G+4 storey building on 13th December 2016. We have received an occupancy certificate issued by Baranagar Corporation dated May 14th, 2018. However, the completion certificate has not been provided despite multiple reminders to the Promoter. Some work is still pending in the building. There are 20 residential flats and 5 commercial shops. Flat owners have not formed a legal apartment association yet, and building maintenance is carried out on a mutual understanding basis.

As the completion certificate has not been handed over yet, several questions arise:

1) Can we issue a legal notice to the promoter to provide the completion certificate within a specified timeframe?
2) Since the occupancy certificate has been issued but the completion certificate has not, if any issues arise in the building, such as a breakdown of the lift, automated water pump failure, or structural damage to the walls, who is responsible as of now? Is it the promoter or the flat owners?
3) Suppose the completion certificate is provided after 1 or 2 months but pending work remains incomplete. Can legal action still be taken against the promoter and the issuing authority?
4) As the apartment association has not been formed yet due to some flat owners, can we compel the flat owners to establish a legal apartment association/society? It is most important question.

Please guide on these matters.

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T. Kalaiselvan, Advocate (Expert) 09 May 2024
1. Firstly without a completion certificate the competent authority will not issue Occupation certificate. To obtain an occupancy certificate, one must provide a copy of the sanctioned plan, NOC for pollution and fire, completion certificate, commencement certificate, sanctioned plan, area computations (signed by a commissioned architect), acceptable photos of the building, photos of solar panels, and rainwater harvesting
You can issue a legal notice i your individual capacity in the absence of legal body to represent the member owners
2. The promoter can be held liable if it is due to construction fault but if there is an evidence that the owner has misused and the damage is due is attributable on the owner then he can be held liable.
3. You can always object to the completion certificate if the the entire work is not completed and certified by the architect.
4. It is the duty of the builder to form an association and get it registered as per law