A convenient ‘part-completion’ certificate
Developers use it to bypass the UP Apartment Act, and it’s not legal
Some developers have devised an innovative way to circumvent the UP Apartment Act 2010. They get a ‘part-completion’ certificate for their projects from the authorities. After their group housing projects are sanctioned, instead of completing the whole project, they construct a few towers and get a certificate.
“By doing so, a developer gets a legal nod to offer possession to the flat buyers. But the fact is that common areas such as club, park, community centre etc remain incomplete. Sometimes, even the area around the towers is unfit for living. After getting the said certification, the developer sells the common area for commercial use and undertakes a whole lot of illegal activities,” says S K Paul, a Supreme Court lawyer who is arguing several cases of RWAs in the Allahabad High Court.
Senior officials in GDA agree that there is no specific provision anywhere in the act in Uttar Pradesh allowing for issuance of such certificates.
Says SK Zaman, chief architect and town planner, GDA, “In our next board meeting we will take up the issue whether part completion should be given or not. Legally there is no specific provision to issue part-completion certificates.”
“But we take a considerate stand on this issue. Suppose a developer has to construct a total of 10 towers in a project and has just three towers ready, why let the buyers of these three towers wait for the completion of the whole project,” says Zaman.
Countering this, SP Singh, an RWA official, says “Why doesn’t the authority ensure that the developer completes the whole project in one go? All these illegalities start once the authorities take a lenient view of the law.”
A completion certificate is given when firefighting facilities, lifts and other safety systems are in place