Introduction:
In the realm of property transactions, the importance of regulatory compliance and adherence to building regulations cannot be overstated. This article aims to provide a comprehensive understanding of the role of the Bidhannagar Municipal Corporation (BMC) in the context of property Mutation and the significance of Completion Certificates (CC) as a prerequisite for property mutation. Further, it delves into the rationale behind the acceptance of an affidavit for mutation by the BMC in cases where properties lack a valid Completion Certificate, highlighting the legal implications and consequences associated with such a scenario.
I. Background on Bidhannagar Municipal Corporation
Bidhannagar Municipal Corporation (BMC) is a local governing body responsible for administering the town of Bidhannagar, situated in Kolkata, in the North 24 Parganas district of West Bengal, India. Established under the West Bengal Municipal Act, the Corporation is tasked with providing essential civic services and amenities to the residents within its jurisdiction. The administration of the Corporation is led by a board of elected representatives, including a Mayor, Deputy Mayor, and Councilors.
The primary responsibilities of BMC include the maintenance of public infrastructure, such as roads, streetlights, and drainage systems, as well as the provision of public services such as water supply, sanitation, and waste management. Moreover, the Corporation is also responsible for managing property-related matters, including the issuance of building permits, ensuring adherence to building regulations, and overseeing property registration and mutation processes.
II. What is a Completion Certificate (CC)?
A Completion Certificate (CC) is a crucial legal document issued by a local municipal authority, such as the Bidhannagar Municipal Corporation, which certifies that a building or structure has been constructed and completed in accordance with the approved building plan, safety norms, and relevant regulations. The certificate is issued after a thorough inspection of the property by the concerned authority to ensure compliance with applicable building codes, environmental laws, and safety standards.
The issuance of a CC is significant for property owners as it serves as evidence that their property is legally compliant and habitable. It is also required for obtaining utility connections, such as electricity and water supply, and is a prerequisite for the property’s mutation (transfer of ownership) in the records of the municipal authority.
III. Role of the Bidhannagar Municipal Corporation
A. Overview and Regulatory Aspects Related to Property
BMC is responsible for enforcing building regulations and guidelines within its jurisdiction. It ensures that construction projects adhere to building codes, safety standards, and environmental laws. The regulatory aspects related to property transactions under the purview of BMC include:
B. Issuance of Building Permits:
The Corporation issues building permits, which authorize the commencement of construction projects, ensuring that the proposed development conforms to the approved building plan and applicable regulations.
C. Inspection and Monitoring:
BMC conducts regular inspections and monitoring of construction projects to ensure compliance with building regulations, safety norms, and environmental laws.
D. Issuance of Completion Certificates:
Upon completion of a construction project, the Corporation issues a Completion Certificate, certifying that the building has been constructed according to the approved plan and complies with all applicable regulations.
E. Property Registration and Mutation:
The Corporation oversees the registration and mutation processes for properties within its jurisdiction, ensuring that property transactions are properly documented and recorded.
IV. Purpose of Affidavits in the Absence of CC for Property Mutation
In certain circumstances, property owners may find themselves in a situation where the building in which their property is situated does not possess a valid Completion Certificate. This may be due to various reasons, such as the developer’s failure to comply with building regulations or delays in obtaining necessary permits and approvals. In such cases, the municipal authority, like the Bidhannagar Municipal Corporation, may require an affidavit from the property owner to proceed with the property mutation process.
An affidavit, in this context, is a sworn legal statement made by the property owner, declaring their knowledge of the building’s lack of a Completion Certificate and their understanding of the legal implications and potential risks associated with the absence of a CC. The affidavit serves several purposes:
A. Declaration of Facts:
The affidavit allows the property owner to provide the municipal authority with a detailed account of the property’s status, including their reliance on the developer for obtaining the necessary permits and approvals.
B. Acknowledgment of Legal Implications:
By submitting the affidavit, the property owner acknowledges and accepts the legal consequences of owning a property without a Completion Certificate. They understand the risks associated with occupying or transferring the property and potential penalties for non-compliance with building regulations.
C. Commitment to Cooperation:
The affidavit demonstrates the property owner’s commitment to cooperating with the municipal authority in obtaining the Completion Certificate for the building. They agree to take all necessary steps, as advised by the authority, to resolve the matter and bring the property into compliance with the law.
D. Protection of Municipal Authority:
The affidavit also serves to protect the municipal authority from potential legal liabilities arising from the property’s non-compliant status. By accepting the affidavit, the authority proceeds with the mutation process based on the property owner’s acknowledgment of the risks and legal implications.
The format of the Affidavit is given below.
Conclusion:
In conclusion, the issuance of Completion Certificates stands as a testament to a building norms and regulations, making it a crucial legal document for property owners. In cases where properties lack a valid Completion Certificate, the submission of an affidavit serves multiple purposes, including declaration of facts, acknowledgment of legal implications, demonstration of commitment to cooperation, and protection of the municipal authority from potential legal liabilities. By understanding the intricacies of property transactions, building regulations, and the significance of affidavits in such cases, property owners, developers, and other stakeholders can navigate the complex legal landscape more effectively and ensure a smoother, more transparent, and legally compliant property mutation process within the jurisdiction of the Bidhannagar Municipal Corporation.
AFFIDAVIT
I, [Name], aged about [Age] years, son of [Father’s name], by faith – …… , by occupation – ……. , residing at [your address], do hereby solemnly affirm and declare as follows:
- I am the owner of a flat, specifically [details of the Flat], which was purchased the flat from one developer namely [Developer’s name] through a Deed of Conveyance, which was registered at the [details of registration and office name]. The said flat is a part of a building for which no Completion Certificate has been obtained from the competent authority as required by law.
- That I have been informed by the Bidhannagar Municipal Corporation that they require a declaration/affidavit to proceed with the mutation of the said flat, as the building has not yet received a Completion Certificate.
- That I acknowledge and understand the legal implications and consequences of the building not having a Completion Certificate, including the potential risks associated with occupying or transferring the said flat.
- That the absence of the Completion Certificate is a matter beyond my control and knowledge, as I relied on the Developer to obtain all the necessary permits, licenses, and certificates required for the construction and completion of the building.
- That I hereby declare that I am willing to provide any further information or documentation required by the Bidhannagar Municipal Corporation or any other competent authority in connection with the mutation of the said flat.
- That I am committed to cooperating with the Corporation in obtaining the Completion Certificate for the said building and will take all necessary steps, as advised by the Corporation, to resolve this matter.
- That the information provided in this affidavit is true to the best of my knowledge and belief, and I am aware that any false or misleading information may lead to legal consequences.
Solemnly affirmed and declared at [court name] on this ……. day of ……. , 202….
Signature of the Deponent
Identified by me
Advocate
