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Mandatory Uploading of Occupancy and Completion Certificates

 

CA Ramesh Agrawal

In a significant move to enhance transparency and protect homebuyers' interests, the Odisha Real Estate Regulatory Authority (ORERA) has mandated that developers upload occupancy and completion certificates of housing projects onto its official website. This directive aims to ensure that residential projects comply with established norms and are fit for habitation.​

  • Definition of Certificates:
    • Completion Certificate: A legal document confirming that a building has been constructed in accordance with approved plans and complies with all applicable regulations.
    • Occupancy Certificate: A document issued by the local authority certifying that a building is suitable for occupation, ensuring it meets all necessary safety and habitability standards.
  • Mandatory Upload Requirement:
    • Developers are now required to upload both completion and occupancy certificates onto the ORERA website upon project completion. This process replaces the previous practice of submitting hard copies directly to ORERA. The online availability of these certificates allows homebuyers and other stakeholders to verify the project's compliance status easily.
  • Implications for Quarterly Progress Reports (QPR):
    • The submission of quarterly progress reports is typically mandatory for ongoing projects. However, upon uploading the completion and occupancy certificates, developers are exempted from filing these reports. This exemption underscores the project's completion and readiness for habitation.
  • Homebuyer Benefits:
    • The public availability of these certificates enhances transparency, enabling homebuyers to make informed decisions. It also ensures that developers adhere to regulatory standards, safeguarding buyers from potential discrepancies.
  • Regulatory Compliance:
    • This initiative aligns with Section 11(4)(b) of the Real Estate (Regulation and Development) Act, 2016, which obligates promoters to obtain and share completion and occupancy certificates. Non-compliance with this directive may result in penalties or other regulatory actions.​

 The ORERA has mandated that real estate developers must upload completion and occupancy certificates of housing projects to its website. The completion certificate verifies adherence to construction norms, while the occupancy certificate confirms the building's safety for habitation. Developers are exempt from submitting quarterly progress reports only after uploading these certificates. This initiative aims to enhance transparency, allowing homebuyers easy access to crucial documents and fostering trust in Odisha's real estate market. Industry experts, like Bimalendu Pradhan, support this move, noting it empowers homebuyers to request and receive essential documentation from developers.


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