The proud owners of the new home were unaware of the trouble that was to come. The builder did not provide them with occupancy certificate OC and now the family is facing issues in getting access to civic amenities.
There are several documents which are required during the purchase of a property and obtaining them could prove to be a tedious process. But occupancy certificate is a crucial document which must be sought and buyers have the right to take legal action against the developer if the same is not given to them. MakaaniQ tells you the difference between possession letter and occupancy certificate. The possession letter is issued by the developer in favour of the buyer stating the date of possession of the property.
The original copy of this document needs to be produced for securing a home loan. A possession letter alone would not suffice for legal possession of the property unless OC has been obtained.
Certificate of Occupancy or completion certificate is a document which is issued at the end of the construction by a local government agency or planning authority. The document is a proof of the building's compliance with applicable building codes and other laws. It indicates that the property is in a suitable condition for occupancy. The developer is responsible for obtaining occupancy certificate and is issued only once the building has been completed in all respects and is ready to be occupied.
A completion certificate is received by the builder from the metropolitan authorities upon completion of construction. Occupancy Certificate is necessary while seeking loans from banks and financial institutions or while applying for water, sanitation and electricity connection.Documents To Check While Taking Possession
Legally, a homebuyer cannot move into the property without the document. The certificate is also important in scenarios when a buyer applies for Khata or when purchasing a re-sale flat.
The sale of the apartment would not fetch a good price without OC. Property tax Legal Building Codes makaaniq-india.Name of Contractor. Name of Work. Estimate amount. Agreement No. I have this day ……………………. Taken charge. Counter Signature of. Contractor's Signature with date.
This does not mean an occupancy right in the normally accepted sense of the word. In respect of maintenance works and works of additions and alterations to existing structure, the contractor's right of entry to the site and carrying on the work should be exercised as not to cause hindrance or disturbance to the existing structure or occupants thereof. The Contractor should vacate the site and clear it of all debris etc.
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Carousel Previous Carousel Next. Clause Jump to Page. Search inside document. Related Searches Handing over.Building and construction projects don't always go to plan, and many project and asset owner hours have been spent trying to pin blame on a specific builder, contractor or subcontractor.
But building and construction more than any other industry, is about good communication and cooperation. Builders as well as all other parties should be and usually are doing their best to deliver a project on time, on budget and to the expected standard. They too have estimated the right amount of resources and effort to deliver a project, and rely on a positive reputation to keep getting work in a tightly connected industry.
So when beginning or sending a complaint letter to a builder, try to keep all of this in mind. While you personally or your company have spent good money on getting an asset off the ground, the builder may be under-delivering because of things outside of their control and may be working really hard to get things back on track with or without the push of a complain letter.
Lighting a fire on the builder while you are still depending on them to help complete the building or project will not serve your interests well. The sample complaint letter to builder below is a good example of the balance you are trying to find when writing a complaint letter. The sample complaint letter to builder below has a few key sections which you must include, and which form the bones of any good builder complaint.
The first is good record keeping. Too many asset owners and operators write and issue letters and emails without making them professional records which can serve as proof. You always want to include information like who the letter is addressed to and who it is from.
This helps you avoid any frustrating issues down the line about communications being misaddressed or misplaced. The worst thing you can do in a complaint letter is to submit a complaint which isn't clear.
The complaint letter is hard enough news to follow, but not being clear on the problem can put the builder in an awkward position where they have to call to ask what they have done wrong etc. In your complaint letter to the builder, make sure to write clear and easily understandable descriptions of what has gone wrong. This way, the builder can rectify the issues quickly or call and discuss why they can't. And finally, even though these letters often spark the communication required to discuss the issue, it's well worth writing down what you the owner would like the builder to do next.
This removes a lot of back and forth about nothing productive, and helps both parties get to a resolution faster. The last piece of the puzzle for any complaint letter to builder, is that you do state that you are willing to escalate the issue should it not be received and actioned properly. While going to 3rd parties and pursuing legal paths is not ideal, it is sometimes the only path - especially in the face of large complaints or disputes.
Even if this is the case, keep your complaint letter professional and firm, giving the builder no ammunition to use against you. I have tried to contact your business and speak with the relevant person, but have had no luck so far. No one in the building industry wants to issue or receive complaint letters well at least not the ones you want to work with.
But many of these issues arise and evolve on their own because of small incremental issues which aggregate and snowball throughout the life of a project. On one side of the equation, builders could be better at reporting on progress, quality, safety, production and more. On the other side of the coin, asset owners need to be clear about their expectations from the very outset of a project.
As long as both parties are clear and transparent, there shouldn't be many issues which spiral into formal complaint letters. When a good builder meets a good and respectable asset owner and issues still arise, it can be worth looking beyond the intent of the project parties and into the tools they use to stay on top of projects and stakeholder relations.
Builders are trying to get their work done, and asset owners want to see what's happening, but there is often a disconnect created from a builders information management system and what the owner expects to see. An asset owner and operators wants to see progress photosdaily reports and defect and punch lists like this being completed.
But a builder often struggles to get this information from the site to the office, let alone in a professional format which they can send to a client. These systems enable builders and their workers to keep track of what's happening on site while it's happening. Instead of writing a report, scanning it onto a computer, sending it to an administrator to send it to the client, a worker on site can quickly fill in their daily report on a mobile app and then send an instantly generated report in a clean and professional format.Home Construction Law Made Easy Constructionary Contact Us Onsite News Hub In this chapter: what is the site accessing the site repossession of the site neighbours and adjoining properties latent conditions managing the risk of latent conditions.
Home Construction Law Made Easy Chapter 6 - The site Accessing the site Accessing the site Access versus possession There is an implied obligation that the principal must make the site available to the contractor to perform the work.
When contracting, some consideration should be given to whether the contractor is provided with possession of the site, or only access to the site. This is important because possession gives the contractor an exclusive right whereas access gives the contractor a non-exclusive right.
Who has access to the site? If the contractor is given possession of the site, the contractor should have an obligation to provide access to the principal, and others nominated by the principal such as other contractors, consultantsthe superintendentthe principal's representative, tenantsfinanciersetc. Consideration should be given to whether the right to access by these people is unfettered.
If there are restraints on the right to access, these should be reasonable and limited to matters such as prior notice, occupational health and safetyand security. The principal should ensure that others accessing the site other than the contractor do not interfere with the performance of the work or otherwise cause a delay to the project.
Any such interference or delay may give rise to an extension of time or right to terminate. Exclusivity, restricting access and interference The principal's obligation to provide access to the site will not normally include a warranty that access will be either exclusive or free from interference by third parties.
The standard form contracts provide that the contractor only receives access to that part of the site needed to perform the work required at that time in the program. It is also possible to limit access to the site. In these circumstances the contractor will not be able to claim a breach of contractbut the limitation on access may affect the ability of the contractor to complete the works under the contract Baulderstone Hornibrook Pty Limited v Qantas Airways Limited  FCA What if access is not provided?
If access to the site is not provided, the contract should have an extension of time clause to address both the lack of access and to avoid the application of the prevention principle.
Despite the express provisions of a contract, the parties have a basic implied obligation to provide and to do all that is needed for the contract to be performed Mackay v Dick  6 App Cas The parties should do everything they can to ensure that the aims of the contract are achieved Perini Corporation v Commonwealth  2 NSWR Without an extension of time provision, if access is not provided to a site, then the contractor may have the ability to terminate the contract Carr v J A Berriman Pty Limited 89 CLR In the Australian Standard contracts there is a default day period for giving access to the site, which can be increased or decreased by the parties when negotiating the contract.
Accessing the site. Access versus possession. There is an implied obligation that the principal must make the site available to the contractor to perform the work. Exclusivity, restricting access and interference. The principal's obligation to provide access to the site will not normally include a warranty that access will be either exclusive or free from interference by third parties.Site handovers often involve many moving pieces, and can elicit very different emotions and reactions based on how smoothly the site handover goes.
Site handovers introduce new complexity to a project, as the status quo and normal operations which have been running smoothly hopefully for weeks, month or even years stop - and a new normal takes its place. During the site handover process, many issues can arise, so it's massively important that clients, contractors and other participating parties communicate effectively during this period in order to smooth the transition.
A site handover letter is one of the tools which clients, contractors and subcontractors use to shift the onus of the project and the site to another party, after their work is deemed complete. A site handover letter can simply serve as the confirmation of a site handover, or it can include more detail which helps the new site owner or operator understand what has been handed over, and what hasn't.
Not all site handover letters look the same. Site handover letters to clients and contractors will look different, as will site handovers on different projects. But maintaining a standardised site handover letter which you can use as a template for all of your different sites and projects is really helpful.
This template can serve as your general site handover framework, and you can easily adjust and modify pieces of it to suit different projects.
You want your site handover process to be neat and professional, and you want your site handovers to be as clear and concise as possible, so that you don't run into issues and disputes later down the line.
You'll see the handover letter to client below contains these elements. It covers the required information, and provides some important additional details which parties need to be aware of - and need to be able to reference.
The below site handover letter also resembles a full project handover - and the two often go hand-in-hand of course. This letter will serve as our confirmation and your agreement of various aspects respecting the handover. Please review and if you are in agreement with the content, please sign, date and return the signed letter to [Insert responsible person name], at the above address.
We are pleased to hand over this facility to [Insert company name], and appreciate the on-going support and assistance from you and your staff. Should you have any questions with respect to the above, please contact [Insert name] on [Insert phone number]. So we know that the site handover letter to clients, and the site handover letters to contractors are important communication pieces during any site handover. But outside of communicating a site handover, what can a client or contractor do to ensure that the site handover goes to plan.
One really helpful document for this is a site or project handover checklist. Instead of scrambling to get everything together, a checklist enables a company to comb through the elements of the site handover which they need to cover.Hi, Can any one provide me sample format of possession letter for residential flat?
Thanks in advance. Stamp Duty Rs. DATED :. Total likes : 1 times. I have purchased a flat in Ghaziabad in resale. Sale deed is done in favour of me by seller. But he has not given me any possesion letter. Please suggest. Thanks and Regards.
Vinit Ranjan. I have purchased a flat in Ulwe, New Mumbai. It is a new construction in new city being developed. Builder has given me on my insisting format of his possession letter.
Some of the clause their is objectionable like "builder will always have right on building terrace and builder will use it for advertisement" Pl see attachment. If yes, I request kindly share its link. Hello everyone! Thankyou for your question! A possession letter is a document issued by the developer in favour of the buyer stating the date of possession of the property.
It is issued after the developer gets a completion certificate from the designated authority. The letter is drafted on the name of the buyer with the prospective completion date mentioned on it. A possession letter does not make the buyer the legal owner of the property.
For that, the buyer needs to get an occupancy certificate, which not only gives him the rights of the unit, but also access to the civic amenities offered in the complex. The letter also bears the time period before which the owner has to make the final payment and take physical possession of the property.
The original copy of the possession letter needs to be produced for securing a home loan. Even if the buyers are not satisfied with the property in its totality, they are bound to take the building possession. The reason for dissatisfaction may be the poor construction quality, faulty construction, usage of different material than promised, pending repair work, and delay in offering completion certificate.
The buyer can mention all the reasons for accepting a conditional possession letter. The buyer can also ask the builder to make all the changes as per the agreement and can approach the court in case the changes are not made.
Although there is no fixed or standardised format of a possession letter, here are a few possession letters for you to download. Your are not logged in.
Commercial – Sample complaint letter to builder
Join LAWyersclubindia. Registered members get a chance to interact at Forum, Ask Query, Comment etc.Usually the contract will set out the express terms owe by the employer to the contractor. Now where do the law stand if the contract keeps silent on the following issues?
The contract did not expressly state the obligation of the employer to give possession of the site. When is the employer required to give the contractor possession of the site?
What is the nature and extend of the possession which the employer requires to give the contractor? Whether or not the giving of the possession implies that the contractor will have uninterrupted access to and possession of the site?
What is the duration of this obligation? Where the contract did not expressly state the obligation of the employer to give possession of the site or when is the employer required to give the contractor possession of the site? Implied term The express terms in a construction contract will normally states the time of possession when the employer is required to give the contractor possession.
Where these are not set out, certain terms will be implied. Another implied term is the obligation not to do anything which will prevent or hinder the contractor from carrying out their obligations under the contract or from executing work in a regular and diligent manner London Borough of Merton v Stanley Hugh Leach 32 BLR In The London Borough of Hounslow v Twickenham Gardens Development 78 BLR 89 case, it was held that the employer has an implied duty to give the contractor such possession, occupation or use of site as is necessary to enable the contractor to perform the contract.
Failure to give possession by the employer to the contractor is a breach of contract which entitle the contractor to rescind or terminate the contract Tan Hock Chan v Kho Teck Seng  1 MLJ ]. However, in practice it is unlikely the contractor will take that drastic action.
Usually the contractor will wait till the site is ready for possession. The contractor will need to notify the employer of this delay and claim for an extension of time cl 43 g and any damages if any. Unfortunately, it is stated in clause But it seems that there is a contradiction between clause The PAM contract without Qty clause Provided always that the delay in giving possession of the Site does not exceed the Period of Delay stated in the Appendix, the Contractor shall not be entitled to determine his own employment under the Contract.
Interestingly, the determination of the own employment by the contractor under the contract due to the delay of the employer giving possession of the site exceed the Period of Delay is not listed under the clause 26 of the PAM Contract without Qty. A person who rightly rescinds a contract is entitled to compensation for any damage which he has sustained through the non-fulfilment of the contract. The Act allows the aggrieved party at the option to rescind the contract and entitled to compensation for any loss or damage that he has sustained.
Accessing the site
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