Under Section 11 (4) (B) of the RERA Act, the agencies and authorities of the local government provide fitness certificates, which state that the building was built following the approved plans by the relevant authorities. When a property is ready for occupancy, a fitness certificate is issued. This certificate certifies that the structure is furnished with electricity, water, and sanitary facilities. The potential purchasers of an impending apartment should request this vital document.
A fitness certificate certifies that a property is fit for occupancy. It assists you in making sure neither an unfortunate accident occurs nor that you are provided with an unsafe building to live in. It’s crucial to be vigilant as a buyer to avoid being taken advantage of and to protect your ownership rights.
You can complain in the consumer forum if your builder doesn’t offer you a fitness certificate. If the builder cannot obtain this paperwork from the relevant agency, likely, the building was not built per the approved plans and needed to have the necessary civic amenities.
What is a fitness certificate?
A fitness certificate is a legal declaration that the structure, whether residential or commercial, is prepared for occupancy. A local authority issues a fitness certificate to the project’s developer within 30 days. It attests to the building’s construction following approved designs and with all state building bylaws currently in effect. A developer must get a fitness certificate from the local authorities.
According to the applicable State rules, obtaining fitness and completion certificates may be required. According to these state legislation, no one is permitted to occupy a building unless the developer receives a fitness certificate from the relevant local governmental or civic organisations. In the name of regularisation, the corporation or municipality may order the owners of such illegally occupied apartments to vacate their properties or impose severe fines.
A fitness certificate is a crucial piece of real estate documentation. After submitting a fitness certificate, government and municipal services like water and electricity supply are more secure. However, you need to be very vigilant while getting a fitness certificate. If your builder fails to provide what you ordered or won’t, you can lodge a complaint with the RERA or the consumer forum.
See also: How to get handicap certificate?
Fitness certificate: Important terminologies related to it
| Fitness Certificate | Completion Certificate | |
| Meaning | It is a certificate that validates that the building is constructed as per the approved plans and is now fit for occupancy. | A certificate implies that the building is successfully completed by following all the rules and regulations. |
| Purpose | It means that the building is now fit to be occupied, and the owner has the right to stay or rent the place legally. | It doesn’t mean that the building is fit for occupancy. |
| Issued by | The Local municipality office, building proposal department. | The Revenue Commissioner or the local municipality officer |
Fitness certificate: Format of the fitness certificate application form
You must apply in the following format to get a successful fitness certificate.
Address
You need to address the application for a Fitness Certificate to the Public Information Officer of the Building Proposal Department with their complete address and the Pincode of the respective district.
The subject of the application
It is a request to the authority to issue the fitness certificate for the property.
Details of the real estate property
In this section, the applicant provides the complete details of the real estate property with the address, survey number and name of the building.
Signature and seal
In the end, sign off the request for a fitness certificate with your complete name, current address and signature.
Fitness certificate: Application process
To get a fitness certificate from the government, go through the following steps.
Step 1: Go to the municipality or local corporation.
The apartment owner must speak with the closest local government or company.
Step 2: Fill in the necessary details.
Take the form you need from the relevant officer and complete it.
Step 3: Send the form
The applicant must submit the application form and the necessary paperwork. You will receive the certificate within 30 days of applying.
Fitness certificate: Documents needed to obtain it
When requesting a fitness certificate, you will need to provide specific papers, including the following:
- Certificate of completion
- NOCs (No Objection Certificates) for fire and pollution
- Receipts for most recent property taxes and the tax assessment
- Floor area calculation document that an architect has approved
- Project built-out and section plan
- Permanent Account Number
- A duplicate of the approved project plan
Fitness certificate: How is it obtained?
States may have different requirements and expenses for obtaining an occupancy permit. The concerned person typically goes to the local government office, gets the necessary form, fills it out correctly, and submits it with the required paperwork. The best time frame for a developer to request an occupancy certificate is one month after the concerned project’s construction is complete.
Additionally, homeowners can ask their local government for an occupancy certificate. Within a month of applying, you will receive a copy of the certificate if the project in question complies with the requirements for approval.
Fitness certificate: Importance
It is an essential legal document that certifies the security of the property is the fitness certificate, which is of great importance. It is evident that the building’s construction is complete and complies with all local laws and ordinances.
For the buyers
A home buyer must ask the developer for the fitness certificate to affirm that the property is fit for possession and to establish ownership rights. A fitness certificate is needed for verification when requesting a bank loan or other financial product.
If the builder refuses to deliver the contract, the buyer may file a grievance in the consumer forum and pay an application fee. The builder should be served with a notice requesting that he deliver the fitness certificate within a month.
RERA allows buyers to file objections about occupancy certificates. For RERA-registered projects, they can submit their complaints on the state’s official RERA website. Without a fitness certificate, a municipal corporation cannot provide water, power, and sanitation services.
For the owner
You may file a lawsuit against the developer if they refuse to offer a fitness certificate or if he still lacks one after the project is finished. You can send him a legal notice requesting the fitness certificate and file a lawsuit in a consumer court. You need a fitness certificate to sell your house for a reasonable price.
The laws like the Real Estate Regulation and Development Act (RERA) dramatically reduce the incidents of negligence or fraud on the part of developers. To protect your rights to your property, you must exercise caution as property owners and ensure that crucial documents like the OC are in place.
FAQs
Who issues the fitness certificate?
Based on the laws and regulations of housing construction, the municipality office gives the fitness certificate.
Can anyone sell a real estate property without a fitness certificate?
No, you cannot legally sell a real estate property without a fitness certificate.
What is the rule for getting a fitness certificate?
The RERA act states that all commercial and residential buildings of more than five units should have a fitness certificate validated by the local authorities.
Housing News Desk is the news desk of leading online real estate portal, Housing.com. Housing News Desk focuses on a variety of topics such as real estate laws, taxes, current news, property trends, home loans, rentals, décor, green homes, home improvement, etc. The main objective of the news desk, is to cover the real estate sector from the perspective of providing information that is useful to the end-user.
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