Updated: Dec 8, 2020
Most buildings in Dhaka are occupied by owners without any occupancy certificate, which is supposed to be issued upon the completion of a building by certain authorities or RAJUK. Rajuk holds accountable for implementing building regulation and housing laws in Dhaka city. In 2008, Rajdhani Unnyaan Kartripakkha (Rajuk)) had allowed occupancy certificates to be issued by a certified member of either Institute of Architect of Bangladesh (IAB) or Institute of Engineers of Bangladesh (IEB). Rajuk to enforce the provision of “building occupancy certificate” after completion of a building.Before occupying or use a fully or partially completed building, obtaining a Rajuk occupancy certificate is obligatory under Section 18 of the Dhaka Metropolitan Building Construction Act of 2008.
The importance of RAJUK occupancy certificate
A building is truly constructed on the basis of the Rajuk approved design/drawing can be ensured by the Rajuk occupancy certificate.
RAJUK or authorities will Inspect the building before use/occupy (full/partial) to ensure that the building was constructed properly maintaining RAJUK approved drawing and didn't violate any law of Building Construction Act of 2008. Then Rajuk/Authority will provide an occupancy certificate which ensures that the building was constructed according to RAJUK approved drawing. After obtaining the Rajuk occupancy certificate a building should be occupied.
Violations of law regarding RAJUK approval drawing can be heavily penalised by the RAJUK/Authority.
Why you need RAJUK occupancy certificate
If a building owner did not obtain the occupancy certificate from a certain authority, then he/she will face problems with the bank making the mortgage arrangements. The owner will also not get any insurance coverage.
Second, the owner will not be able to arrange for water, gas and electricity accounts and connections from the municipality. As per rules, the utility service agencies can not able to supply gas, water and electricity connections without certification.
Third, the owner (landowner/apartment owner/floor owner/developer) will not be able to sell/buy the property with the proper govt registration process. Now, RAJUK occupancy is mandatory for Govt. registration.
Last, it is in fact a criminal offence to occupy or use a building without authorization from a certified empowered body or RAJUK. Violations of law regarding occupancy certificates are heavily penalised
How to obtain a RAJUK occupancy certificate
Before occupying a building, the owner has to apply for the RAJUK occupancy certificate
(1) The applicant shall submit a completion report on the partial or complete work of the construction project through the prescribed schedule (Form-401) and apply to the authority/Rajuk for a partial or complete residence or use certificate of the said project and a partial or complete residence or use from the authority. The building or structure may not be used in any partial or complete condition until the certificate has been obtained
(2) The appointed technical person or persons (certified architect & certified engineer) shall issue a certificate through the prescribed table (Form-402) and it shall be mentioned in the said certificate that the construction work has been completed under his or their supervision as per the prescribed rules.
(3) The supervised report shall be submitted on the work which the appointed technical person or persons (certified architect & certified engineer) have supervised while performing his duties.
(4) The Authority shall inspect the building within 15 (fifteen) days of receipt of the application in the presence of the applicant and technical persons (certified architect & certified engineer).
(5) Whether the building has been constructed in accordance with the approved design shall be recorded in the examination and within 15 (fifteen) days of the inspection shall be issued a residence or use certificate along with the design approval of the entire building through the prescribed table (Form-403)
(6) If the building or project is constructed in violation of the approved design, the authority shall not issue any certificate for its use and in that case the reason for non-issuance of residence or use certificate through the prescribed table (Form-404) within 15 (fifteen) days of the inspection. Inform the applicant and give the necessary order to construct the building as per the approved design within the stipulated time.
(7) The applicant shall, after repairing all the defects and other imposed conditions, if provided, in accordance with the order referred to in sub-rule (6), by the prescribed table (Form-405) for the certificate of residence or use within the prescribed date can re-apply.
(8) The Authority shall, after considering the re-application of the applicant, issue a certificate of residence or use through the prescribed table (Form-403) or reject the application through the prescribed table (Form-404).
(9) If the application for a certificate of residence or use is rejected, the applicant may make a written appeal to the Urban Development Committee and that committee shall review and issue directions to the authority for issuance or rejection of the certificate of residence or use.
(10) At the request of the applicant, a certificate of residence or use may be issued for partial residence or use where applicable.
Who can help you
In the process of obtaining a Rajuk occupancy certificate, you will need the help of the technical persons (certified architect & certified engineer or the consultant) under whom guidance you acquired Rajuk approval drawing earlier and detailed technical drawing for construction & construction supervision.
The consultant or certified architect & certified engineer will provide you required (1) As build drawing,
(2) Structural design,
(3) Building Services details,
(4) Building completion certificate.
Expiration of Rajuk Occupancy certificate
(1) The validity of Residence or Use Certificate shall be 5 (five) years from the date of issue and it should be renewed every 5 (five) years.
(2) At least 90 (ninety) days before the expiration of the period through the prescribed table (Form-407) along with the prescribed fee for renewal of Certificate of Residence or Use, and if not applied within the specified time, 10 (ten) times the amount of renewal fee. The fee shall be paid as penalty.
(3) Upon expiration of the certificate of residence or use, the construction approval of the concerned building shall be deemed to be automatically revoked and 10 (ten) times the fee applicable for obtaining the approval for the reconstruction of such building and the fine imposed by the Building Construction Committee as per law. A construction permit must be obtained by applying.
(4) The Authority shall inspect the building mentioned in the application within 15 (fifteen) days of receipt of the application as per sub-rule (2) and if no exception or unauthorized use of the rules is identified during the inspection, the application shall be granted through prescribed table (Form-406). Will renew the certificate of residence or use; Otherwise, record the exception or unauthorized use of the identified rules and reject the application for renewal for such unauthorized use or exception through the prescribed schedule (Form-406): take legal action against the applicant.
(5) If the application for renewal of the certificate of residence or use is rejected, the applicant may file a written appeal along with the Urban Development Committee.