COMMENCEMENT CERTIFICATE IS MANDATORY FOR ALL APARTMENT COMPLEXES-DO YOU HAVE IT?


Commencement certificate is a certificate and an official document issued by the local Town planning or Municipal Authorities to allow or permit the builder to begin construction or work, once all norms, licenses, permissions and consents have been obtained from the concerned or appropriate statutory authorities. After laying the foundation for the super-structure, the owner or the builder will have to first erect the columns either in the basement or in the ground floor as the case may be and then apply to the town planning authorities and engineering department for the issue of a commencement certificate. The BDA/BBMP, after carrying out an inspection of the site and the construction work carried on till that date, will issue a “commencement certificate.”

 

A LIST OF DOCUMENTS TO BE ENCLOSED WHILE SUBMITTING APPLICATION

FOR COMMENCEMENT CERTIFICATE (CC)

[Mandatory as per Bye-law 5.2] Schedule VI (Bye-law 5.2)

1.)Plan showing the column positionsas erected on site with the Signatureof the Owner and Architect.

2).Photographs of erected columns signed by Owner and the authorized Architect.

Unless the commencement certificate is granted or issued, the builder cannot start or begin the construction, if he does begin or start the construction, without obtaining the Commencement Certificate, the construction may be termed as illegal.

It authorises the owner or the builder to commence construction in all respects as per the plan sanctioned. For the issue of the commencement certificate, it is enough if the foundation is complete and the peripheral columns have been erected. It is not necessary that the columns in the middle of the super-structure be erected. A nominal charge of Rs.5 per square metre of plinth area, depending on the project size, is levied for the issue of the certificate.

If the builder/developer has not obtained Commencement Certificate, the OCCUPANCY CERTIFICATE WILL NOT BE ISSUED BY THE APPROPRIATE AUTHORITY AND SUCH BUILDINGS CANNOT BE OCCUPIED AND ANY OCCUPATION OF SUCH BUILDING IS TERMED AS ILLEGAL AND UNLAWFUL.  The authorities have the right to issue eviction notice. A penalty of Rs50/- per square meter will be levied for such buildings, which have not obtained Commencement Certificate, before the issuance of Occupancy Certificate.

WE, AT ECO PACK, EXAMINE THE COMMENCEMENT CERTIFICATE IN DETAIL.  ISSUANCE MUST FOLLOW THE COMPLIANCE.  MANY BUILDERS, OBTAIN CC AND DEVIATE.  WE HAVE SET UP A BENCH MARK, TO VERIFY AND REPORT ANY VIOLATIONS TO OUR CLIENTS.

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79 thoughts on “COMMENCEMENT CERTIFICATE IS MANDATORY FOR ALL APARTMENT COMPLEXES-DO YOU HAVE IT?

  1. When issue the Commencement Certificate at Vikhroli address:- Tagore Nagar Nalanda Co Op Hsg.So.,Building No.18,Vikhroli (E),Mumbai

    • Dear Ms.Katti,

      A reply had been sent. It is issued before the commencement of the construction and not after the completion. Please read our publication.

      ecopackindia team

      • Dear Sir/Madm
        Can u send me the commencement certificate on my e-mail,Vikhroli address:- Tagore Nagar Nalanda Co Op Hsg.So.,Building No.18,Vikhroli (E),Mumbai

      • Dear Ms.Sarala,
        Please be specific about your requirement.
        Which Commencement Certificate?

        bye
        ecopackindia team

  2. hi my question is lot of builddings are mumbai & thane areas of maharashtras houseing socities haveing not cc from last 20 to 30 years.so what is proper procidure
    thanks

    • Dear Abhay,

      The municipal law in the entire country is similar. It is so, even in Maharastra. Please read the blog under caption Commencement Certificate in wordpress. A builder must obtain CC before he commences the construction work, once it reaches the stilt level.

      ecopackindia team

  3. hi sir, i have planned to buy a flat in mira road east, the building name is mahadev building, building number 14, opp ideal enclave, the builder told me that he doesn’t have OC but he have CC completion certificate, hence i dont know whether i should purchased that flat or not, as i m afraid that later in some day or in year the authority shouldn’t put the sledge hammer on my dream house, any help or guidance from your side will be highly appreciated.

    best regards
    anil

    • Dear Mr.Anil Singh,
      Mumbai is a city unlike Bangalore have good compliance but OCCUPANCY CERTIFICATE IS A MUST. Commence Certificate is issued at the time of the beginning to ensure that the foundation and the set backs, which are set in the sanctioned plan are adhered to. OC is required to occupy. Read the Adarsh story. Once OC is withdrwan, the amenities like water and energy could be disconnected. Take due care and decide for yourself.
      ecopackindia team

  4. Sir
    I have booked a flat on 26th floor in Casa Univis Thane. Builder is raising payment demand note as per the progress of construction as mentioned in agreement and I have paid upto 1st slab(almost 50% of the cost of flat). Now it has come to my notice that builder has commencement certificate only upto 6th floor. He does not have CC upto 26th floor. Can the builder keep raising payment demand notes although he doesnot have CC upto my floor? I have found out that banks will not give loan if CC is not received and builder does not raise payment demand notice to buyers who are taking loan. Why this difference in treatment to members who have taken laons and those who are paying from their savings?

    • Dear Mr.Tushar,
      Please consult an expert who is also an advocate. We regret to state that any advancement in this kind of dealings are detrimental to the interest of the client. It is up to you to decide. Whether to buy an illegal structure with your hard earned legal money or not?
      Please exercise utmost caution and decide on the legalities and material facts, after a thorough examination.
      Take care,
      ecopackindia team

  5. Sir,

    We have booked a flat in Gaurav Woods Phase I near Mayor Bunglow in Miraroad(E) in Jan 2009. The work had stopped in mid of 2009 due to some pending legal matter of the buider and started back up in Jan 2010. The builder is promissing possession in June 2011. I wanted to check with you if he has got the relevant CC for this building. Please if you could let me know I would really appreciate it.

    Thanks,

    Asif

  6. Dear Sir,
    Good Morning.

    We are in a process of purchasing a flat under a resale mode having CC and TMC approved plan. But the society do not have OC due to unauthorised additional construction on 1st floor.

    1.What are the chances of obtaining the OC
    2. should we go ahead in this case.

    Looking forward for your advice

    Best regards,

    • Dear Sir,
      We regret to inform you that without proper examination of the project, cannot advice you to either go for it or not.
      Please consult a professional in this regard before taking a decision.
      ecopackindia team

  7. Dear Sir / Madam,
    How to varify Property Broker / Builder is genuine. Is any certificate /code to know their originity. Also how to know newly constructed building what paper document to see for project genuinety. I am from Mumbai & planning to buy a falt at Mira Road . I have contacted one broker Diamond asociates at Mira road . they coming up their 3 projects. And shown me site with clear title paper approved by MBMC. Is this enough paper to buy a flat.

    Regards
    Vinod Chaurasia

    • Dear Sir,

      Thanks for asking us this question. Till date, every buyer, never bothered about the background or genuineness of any builder. There are`nt any organisations providing details about the developers and builders.
      Hope you are from Mumbai, there is an association of builders at mumbai, where you can get some information.
      ecopackindia team

  8. Dear Sir,

    I am in negotiation with a builder to purchase a flat in bangalore. The building was built 2 years back and now the land owner wants to sell off 8 – 10 flats. On inquiring about the occupancy certificate, he mentions that as the flat has been approved by cmc, there need not be any OC. Is this true? Can I proceed with the negotiation and booking?

    Thanks,

    • Dear Ajit,
      Please read our publication on OC. Please make thorough scrutiny of the sanctioned building plan and the physical plan and decide. It is better that you avail the service of a chartered engineer or an engineer with good knowledge about the building plan the existing one. Regarding negotiations, the CHOICE IS YOURS.
      ecopackindia team

  9. Hi,

    I booked a flat in an apartment which has total 25 flats by paying small booking amount. But by looking at the BBMP approved plan and the marketing broacher there is lot of deviation. I verified all doc with an advocate and I was told that don’t purchase that flat as the builder has not obtained the CC hence I won’t be getting the OC. But I liked the area and flat and want to know is it possible to get OC by paying penalty and what would be the penalty amount?

    Please suggest as I am in dilemma whether should I drop or should I go for for it by paying penalty.?

    • Dear Sir,
      NO CC AND OC is available for individual properties in group housing projects.
      ecopackindia team

  10. Dear Sir,

    I am sorry if I described my issue wrongly.

    Actually my query is My builder didn’t get any commencement certificate due to deviation. So is it possible to get OC for that apartment by paying penalty? if so what would be the expected penalty for whole apartment which is being constructed in apprx. 10000sft.

    • Dear Sir,
      Rs50/- per square meter penalty for not obtaining the CC.
      If the Violation is beyond 5%, OC will not be issued.
      ecopackindia team

  11. Hi All,
    I have been reading the older posts on this page. I have a similar query.

    I have identified an apt that i wish to purchase. All the legal docs have been approved by my lawyer, except that he doesn’t have the commencement certificate.He has however advised the i would be getting the occupancy certificate, khaatha etc in my name. Do you know if that is possible?

    Also what role does the completion certificate play in this whole process?

    Thanks,
    Sanjeet

    • Dear sir,
      When everything is approved by your lawyer and must approach him for all your queries. All queries are chargeable.
      ecopackindia team

  12. Dear All,

    I also have same query, but looking older posts it looks like this Query is still not answered fully till now. I request EcopackIndia Team to kindly please reply to our requests.
    The query is : My Apt.(under construction with 20 flats) builder also hasn’t taken any CC.
    So what is the way out now? as mentioned above also by EPI team that a penalty will be levied & OC can be taken, but it wil be taken by the builder only not us individual, so in this case what should we do. I have given the booking amount to my builder should i cancel my booking on non presence of this certificate ? . And whta all problems may arise in absence on CC & OC?
    I even enquired with my colleagues most of them were not aware of this & they say now the Khata is on there name so nothing to worry…pls advise

    • Dear Mr.Rahul,
      Your query must be attended by your solicitor. We regret that we might not be able to pass any remark or make suggestions in this regard.
      ecopackindia team

  13. Dear Sir,

    We are planning to book a flat under construction by NSD Builders in Thubarahalli, Near Whitefield Bangalore. The project comprises of 12 blocks. He has started constructing one block and is making the foundation of the other. He does not have a commencement certificate and says that he would need to complete foundation for all 12 blocks which will take around 6 months. My Queries:
    1. Is NSD builder a trustworthy builer? Do u think we can go ahead with them?
    2. Is booking the flat safe and a normal practice, at this stage considering that he doesn’t have a commencement certificate so far?

    Thank you,
    Best Regards,
    K

    • Dear Sir,
      1). We do not comment on the builders. You are the decision maker and the choice is yours.
      2). Generally t he eager buyers do book it. The publication is clear about the CC. The builder can complete all the proposed columns and obtain the CC.
      ecopackindia team

  14. Hi… I am planning to book a property in dombivli… builder says occupation certificate and occupation certificate are one and the same.. the occupation certificate mentions that the building is complete is according to rules and plan…

    Please let me know:
    1. is occupation and completion certificate the same…
    2. is occupation certificate is not issued without completion certificate?
    3. which is more important occupation or completion certificate?

    Pls advice thanks…

    • Dear Sir,
      1). NO.
      2).Yes.
      3). OCCUPANCY CERTIFICATE ISSUED BY THE OFFICIAL GOVERNMENT TOWN PLANNING AUTHORITY. In case of Dombivile, It must be from BRIHANMUMBAI MAHANAGARPALIKA. Check the genuineness of the certificate.
      ecopackindia team.

  15. Team..thanks for a quick reply…do this meabs
    means if he has occupation certificate….he has to have occupation certi… Pls confirm… Thaks a lot!!

  16. hi Echopack Team,
    I have a query and would really appreciate if you could reply about this.

    I have booked a small apartment in sarjapur road containing 36 flats in G+4 and stilt floor. Building is almost completed and i ll be getting possesion in another 2/3 months . Builder says he does not have CC since there are violations. So if i buy this, will there be any issues while applying for Khata in future.

    thanks in advance
    Rono

  17. Dear Sir/Mam,

    Poject Prestige valley (Thane) , by Prescon developers earlier Hopewell builders…3- buildings, Hillview(26 storey), Gardenia(18 storey A& B each)….gardenia A almost complete, Gardenia B, CC not given Above 1st floor( it’s almost 6 months now)….we have booked in hillview whose CC is only upto 1st floor…came to know about the gardenia status after booking….should we revoke the booking…

    Regards,

    • Dear Sir,
      There is no provision to issue CC for all the floors. Commencement Certificate will be issued immediately after the construction work has reached the stilt level and the authorities are satisfied with the foundation, columns(size and depth) etc and ground clearance as per the sanctioned plan. CC cannot be issued to all the floors. It is issued at the come of completion of the ground work. Seek clarification from the builder and an architect(local-Thane) and obtain all the details and reports in writing. We do not see any reason for withdrawal. Take care.
      ecopackindia team

  18. I find it extremely confusing and difficult to understand the Commencement Certificate issue. You mention in your earlier reply that CC is not issued for all the floors at a time. So for example, if I want to book a flat on the 15th floor for a project that has just got a CC after it has put columns and come to stilt level, how will I know whether CC willbe given for 10th/ 15th floor etc??? I might get a nasty shock several months later that CC for my floor has be denied although it was given when it was at stilt level!

    I hope I could put it better. Can you please clarify.

    • Dear Sir.,
      It is issued to the builder to commence the construction work, (after laying of foundation and columns/ground level/in some cases stilt) if found to have laid it as per the sanctioned plan and it is issued specifically to the project approved irrespective of number of floors. CC will not be given for any floor, it is for the entire building/structure.

      Please consult an expert to clear your confusion.
      ecopackindia team.

  19. Dear Sir..

    Thank you so much for providing such valuable information.
    I am planing to buy a flat in location Papadevasti, Fursungi, Hadapsar area in Pune.

    Our builder has provided us all the details except the CC & plan Approval copy from municipal authority.

    But in the architectures certificates he has mentioned that architect is verified the “commencment letter no Sa.Sa.Pu/2333″

    Is there any facility so that we can check out such certificates online via any Govt website???

    Pl. suggest what we can do in the said case???

    Regds,

    Satish Shingote
    +91 9960777902

    • Dear Sir,
      We are based in bangalore and hence, might not be able to inform you whether it is available online or not. Please visit the PMC and verify it physically.
      ecopackindia team

      • Dear Sir…

        As discuss with builder, he revert that the said project is not covered under Municipal Corporation hence commencement letter is not required. We have seen the blue print approved from architect

        Is it fine.???

        Rgds,

        Satish Shingote

      • Dear Sir,
        If the proposed building is not within the Municipal Corporation, then, it will not be come under the municipalities act. Hence, cannot produce the CC. But, keep a check. See that the apt is constructed as per the sanctioned plan without any deviation and violation.
        ecopackindia team

  20. Dear Sir / Ma’am,

    I am looking for a flat in a apartment which is having 2 blocks (~44+44 flats) at Thubarahalli village, Bangalore. In this, already one block is completed and in the other block first slab is done. When I got the documents, I found that the CC is missing and inquired to the builder regarding this. Builder said, since it is a 4 storey building BBMP won’t provide CC, only we will get CC if it is minimum 5 storey building. Is that true? Awaiting for your reply?

    Also the builder had shown some loan approvial letters from few nationalised private banks. Totally I got confused. Please help.

    regards,
    ramkumar

    • Dear Sir,
      As per the KMC ACT CC is compulsory for all multystoryed buildings.
      In Bangalore 75% of the illegal buildings have loans sanctioned by the banks, does such illegality gets regularised by the sanction of bank loan?
      In that case, request him to obtain the letter from the JOINT DIRECTOR, TOWN PLANNING,BBMP, stating that CC is not required for this building.
      Or else consult an expert or an advocate who has knowledge about the KMC ACT AND KTCP ACTS.

      ecopackindia team

  21. Hi,

    Please inform me, in Bangalore which type or kind of buildings are not required Commencement Certificate? Is a building small like ground+3 structure, the BBMP wont issue Commencement Certificate? Please clarify.

    best regs, kathir

  22. Dear Sir,
    Thanks it is a great Site with a lot information for first time home buyers.
    I have purchased a flat In Metro residency, Kalyan, Mumbai.
    I have paid 15 % amount 1.5 yrs ago. he said he can’t register then as he is in processing all docs cleared. it will take few months. Time has passed.
    First it was issue of TDR, then it was resolved, then he is saying CC. Is there any end Doc for this. I have been approaching different agencies for help.
    When i ask for what are docs i should ask buider they x docs are reqd. Initially TDR is enough, later i enquired they CC is also the list is going on..
    Suppose he registers, legally what should all docs i should ask him to show.
    What are his bindings if he register and wishes to complete the project.
    from above literature i came to know , You require OC, then i think NOC(i heard from some agency).

    -leeladhar

    • Dear Sir,
      CC is mandatory and OC is the final document to be obtained before registration and if you are sure that the builder can procure it after the occupation, then after the registration. Without NOC from the concerned departments, OC will not be issued. The builder has to issue NOC and that would not be difficult.
      The registration must be conducted, only after the completion of the project or the building.
      ecopackindia team

  23. I am planning to purchase a flat in Kadugodi which is approved by BBMP, bangalore. They have G+3 floors with 80 units coming up. Almost all floors are laid out. But still they didnot get commencement certificate (CC). Is that fine in purchasing the flat there?

    • Dear Sir,
      Commencement certificate is issued as soon as the foundation is laid and the construction reaches ground level. The Engineers inspect and check for the setback compliance, size of the columns and will also check whether the foundation had been laid as per specification and approval. This will ensure that the progress of the construction is in tune with the approved plan.
      If the builder had not obtained CC, he might find it difficult to get the OC.
      Demand the CC. If the builder had violated or deviated from the sanctioned plan, CC will not be issued and thereby the building will not get OC.
      Please check with your expert and check for compliance before taking any decision. CC/OC is not for BBMP, It is for the buyers.
      Take Care
      ecopackindia team

  24. sir,

    i huv booked a flat in bangalore, sale agreement is finished . i huv applied loan from state bank of India. Their lawyer have given legal opinion after checking all the documents, how their lawyer has not asked for this CC from me. without CC how the project get approved by BBMP.

    Now what should i do for it plz suggest me.

    • Dear Sir,
      The general impression of the buyers is that, if the banks sanction the home loan, the titles are good. It is not so. Issuance of CC post sanction statutory compliance. BBMP has sanctioned the building plan with a condition that the developer/builder must approach the BBMP with statutory documents and make an application to obtain the Commencement Certificate.
      Please check with the lawyer about this issue in and demand an explanation in writing and also seek written clarification of undertaking from the builder.

      ecopackindia team

  25. Sir,
    i have booked a flat in bangalore my builder is agree to give commencement certificate but not occupancy certificate. can i be able to get occupancy certificate for me? should i go for the project or not?

  26. HI Sir,

    I am planing to buy a faly @ Banglore.i have discussed with my builder and asked him about CC and OC.He siad we will not get any CC & OC.Can we proceed to buy or not ?.If we but with out CC and OC,what are the risk factors.Kindlt advise me.Thank you in advance

  27. Please note teh Ravi group builder in mira road is black listed ,so people are asying you should not buy a property with them as it does not get OC

    Can you please advise me about the same.

    • Dear Ms.Jain,
      Check with the Mahanagar palika( town planning) regarding compliance. Check whether CC is issued and the present status. Please consult a local advocate specilising in municiapl acts and compliance.
      ecopackindia team

  28. Hello Sir,

    I have booked a flat in Oceanus Greendale Phase 2, located at Horamavu, Bangalore. The commencement certificate says “Commencement Certificate – Partial for Construction of Residential Apartment”

    I have the approved Plan with me and it looks in line with the actual development going on and they have approval from the necessary statutory bodies as well.

    Can you help me understand why the CC says its “Partial”. Is there any problem with the Development?

    Thanks!

    • Dear Sir,
      It depends upon the nature, type and quantum of violation and deviation, in many cases, even the penalty cannot be accepted, if it is beyond the limitation of the statute.
      EP Team

  29. Hi EP Team,

    I am planning to book a flat in Bangalore in LBSASTRY nagar area. It comes under BBMP limits. When i asked the builder for CC and OC.He said he can`t give,because the plan approved and physical building has deviations. HE has changed the staircase and lift places.Previously the lift is on one end and the staircase is on the other end.now he brought them in the middle of the building.what percent is the deviation? if my builder pay the penality will he get the CC. the building is almost completed and ready to move in category.and can i get OC for this.

    thanks,
    midhun

    • We do not have any details regarding the aforesaid issue/property/violation/deviation/illegality, therefore, you are advised to contact your Chartered Engineer and the Advocate for more clarity.

      EP Team

  30. Iam thinking to buy a resale house at Badlapur , it doesnot have CC , whether that means documents are not clear ? whether it is eligible for Bank Loan ? Thanks in Advance !

  31. Hi,

    I am planning to Buy a apart in marathahalli, Bangalore of 1200 Sft.
    1) For a Buidling(aprtment) Commencement cert is mandatory?
    2) Occupancy certificate wont be avialable if Commencement certificate wont be available?
    3) On High Level, what are the losses of buying an apartment without Commencement certificate.
    4) Does the Occupancy Certificate,is final document to take the Apartment on our name legally?
    5) Till What extent, builder is responsible for building construction(Once registration is done that ends of job of builder). All other expenses has to be bear by Purchaser only.?

    May be questions are more. But could you please reply in Generic way.

    Regards,
    praveen.

    • Yes. Of course, if the town is covered under the concerned state`s municipality act and town and country planning act. Check your sanctioned building plan and with the town planning cell.

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