A con­ve­nient ‘part-com­ple­tion’ cer­tifi­cate

De­vel­op­ers use it to by­pass the UP Apart­ment Act, and it’s not le­gal

HT Estates - - Front Page -

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

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