Leaving certificate: Overview, format, samples, and significance

Once the construction is over, the developer or owner of a standalone property must request a leaving certificate from the municipal authority. A leaving certificate is an official document which is given to the housing developments that a previously approved building plan has finished. 

Any housing project is granted a completion certificate after the relevant authorities physically inspect the project site and thoroughly examine all the documentation to ensure that no applicable building bylaws have been broken. The developer must obtain a housing project’s leaving certificate. The certificate is proof that the construction has been done, keeping in mind the safety norms and rules of the Building Act 2004.

See also: Real estate basics: What is a Commencement Certificate?

Leaving certificate: Parts and purpose

know about: commencement certificate

Leaving certificate: An overview

Buildings Act, 2004 along with a NOC from the fire bureau has made it mandatory for homebuyers and constructors to legally get their leaving certificate approved after following all the norms and regulations. The certificate comprises all the relevant information corresponding to the project including the building height, materials used, and plan of the building.

Once the legal authorities completely scan your property, they will issue a leaving certificate. The owner and the firm leaders should have a copy of these. After this, the owner of the property can apply for an occupancy certificate and start using the estate.

The local government will arrange an inspection if the developer applies without any errors. According to the schedule, a team of representatives from the local development authority or the local Municipal Corporation will inspect the construction. The issuance of the leaving certificate will take about 3 to 4 weeks once it has been determined that the building has complied with all laws and regulations.

However, the inspection team may send a letter outlining directions for demolition if they discover any significant violations of the guidelines. The team will be imposed a fine in case of any illegal or wrong breaches. Only once you have met all of the aforementioned conditions will you be given a leaving certificate.

Leaving certificate: Format

In the offline technique, the applicant submits a predetermined format together with the required paperwork to the municipal commissioner. Before granting a leaving certificate, the authorities will check the property after the forms have been submitted and verify that it has been built per the authorised building plan. You can receive your leaving certificate in about 30 days from the date of application through the offline method. If you go for an online method, you might receive the leaving certificate a little sooner.

To write a full proof leaving certificate, you must include the following things in a similar sequence.

Heading/ Title

 The heading reads, “Building Leaving Certificate” by the name of the company or engineer on record.

Legal and vital information

This portion includes all the crucial legal data required for the identification of the property.

• A reference number
• The name of the owner
• Location of the property
• Submission date of the certificate 

The salutation

This section requires you to write to whom you are addressing this certificate which mostly includes the local authority, municipal officer, or panchayat head. 

Body of the certificate

This section is the most fundamental part of a leaving certificate. You have to insert a comprehensive sketch with architectural and structural specifications developed by the engineer. A report of all the materials used is tried, tested, and approved as per the details given in the record.

Signature 

This is the last part of the leaving certificate which includes the following

• Signature of the owner
• Signature of the construction engineer on record 
• The current date
• The name of the owner and the engineers on record in block letters 
• Respective address of the owner and the engineer.

To get the leaving certificate, the following paperwork is essential. It is different for every state as per their rules. The following is a broad list of the necessary paperwork:

• Properly completed application
• Copy of the letter approving the building plan
• Building leaving certificate from a registered architect or engineer
• If applicable, a NOC from the fire department
• Electricity supply certificate
• If applicable, NOC for the installation of a lift
• Copy of the certificates of structural safety or letters from technical staff members
• NOC for the water supply plan and the sewage system
• Declaration for a temporary completion certificate

Leaving certificate: Sample

Here are a few samples of a leaving certificate for you to understand the basic structure.

Source: Pinterest

Source: Pinterest

Leaving certificate: Significance

This certificate serves as proof that the builder followed the National Building Code of India Act, of 2005. The fundamental structural design, Floor Space Index (FSI), number of floors, quality of the structure, height of the structure, land identification of the building,  and many other factors are evaluated before this certificate is granted.

The leaving certificate is also essential to gain access to the necessities in the building, including water and electricity. Additionally, if it’s a residential area then water access is only provided once you receive a leaving certificate. 

For buyers

Sometimes, the homebuyers forget about getting the leaving certificate which might lead to major issues in the future. It is essential for the following reasons. 

• The leaving certificate gives you a sense of security that you are safe in your abode and your building has been constructed lawfully without disrespecting any laws. 
• If you live in a building without the leaving certificate, you might get sued and the building will get demolished once it comes to the notice of the legal office. 
• Only once you have received a leaving certificate, can you claim your income tax benefits.
• If in the future, you plan to sell your property, the leaving certificate will be transferred to the owner. 
• You can avail of other basic needs like water and electricity after receiving the leaving certificate.
• The water bureau would convert the non-domestic water supplies to the domestic water supplies rate, once you submit a copy of the leaving certificate.

For the construction agency

In order to legalise the construction, the developer needs to get a leaving certificate. A developer needs to get a leaving certificate because of the following reasons.

• It has information about the construction including the name of the developer, the engineer, the location, the height of the building, and the quality of the materials used.
• It proves that the construction is legal and has followed all the norms set by the government.
• Once the developer gets a leaving certificate, he can apply for an occupancy certificate and start using the property legally.
• To get the necessities from various departments, a leaving certificate is a must. 

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