Paid Advise

Possession without occupancy certificate

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property | RERA

Reading Time:

Question: My builder has issued a possession letter without obtaining an occupancy certificate. Some portion of construction is still pending and it will take a few months to complete. Can I move into the flat and take possession when the builder has no completion certificate. He is doing some irregularity in construction therefore, wants to give possession to us. Is there any legal problem in the occupancy of flat?

Question from: Tamil Nadu

Builders should take a completion certificate from the competent authority before giving possession of flats. Occupancy certificate or completion certificate is an important document because it proves that the flat is fit for occupancy. It also proves that the construction has been done in compliance of building rules and other laws applicable thereon. 

Possession without occupancy certificate 

If a flat buyer takes possession in absence of occupancy certificate it may cause harm to his property rights. The buyer may lose his property if there is any malpractice in construction work. If the builder has breached any rule or permission the competent authority can demolish the construction. Therefore, taking possession without a completion certificate may pose apparent risk.

The buyer has a right under Section 19 RERA, to obtain the information towards sanctioned plans, layout plans along with the specifications, approved by the competent authority. When the buyer has assured that construction is done in conformity of law and there is no legal glitch then he can take possession.

When the builder intentionally gives possession without the occupancy certificate, the buyer can cancel the agreement. The buyer can also claim a refund of money because the builder has breached the agreement to sell. According to the sale agreement the builder is bound to take all necessary certificates and permissions from competent authority before giving the possession to the buyer.

You should not take possession of the flat in absence of the occupancy certificate. Compel the builder to take the completion certificate. You should file a complaint before the development authority or municipality or housing board if builder has refused to take OC.


What to do when promoter issues possession without having occupancy and completion certificate?

Question: What to do when promoter issues possession without having occupancy and completion certificate? Promoter given possession in Dec 2018 without having completion certificate and occupancy certificate from Noida Authority. Promoter charging interest @18% for non payment of balance 5% . Is it under rule that Promoter can charge interest for any balance payment to be made to Promoter.

Asked from: Uttar Pradesh

The promoter is doing wrong. He has no right to give possession of the flat without having completion certificate and occupancy certificate. This constitutes a deficiency in service [Treaty Construction v. Ruby Tower Coop. Housing Society Ltd., (2019) 8 SCC 157] as well as a breach of law. 

You should immediately bring this information on the knowledge of the Noida Authority. However, this is a deficiency in service hence you can file a complaint in the consumer forum for directing the promoter to take valid permission and compensate the buyers if there is any defect in permission. If the value of property is beyond fifty lakh then you can file the complaint in the state consumer commission, Lucknow.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

More For you

Can a tenant refuse to vacate an allotted house?

Question: Can a tenant refuse to vacate an allotted house? Our father had purchased 3 houses together in a colony, more than 50 years ago. Two on the ground floor, in which we were already living there on rent. And One house is on top of these two houses. A tenant...

First Name is missing in jamabandi 

Question: Respected Sir, I bought a flat in 2018. Now we had applied for renovation loan from bank and for that when we were collecting the required documents. It came to our knowledge that jamabandi had only my surname and operator missed to enter my first name in...

Can I transfer a demat account without a probate?

Question: Can I transfer a demat account without a probate? My father had made me (his son) as nominee on his demat account. However as per his will this account should be given to his grandson (my son). Bank wants a probate of the will. However as per his will this...

Can a mother gift self-acquired property to her grandson?

Question: My mother has a self-acquired property and also got property of my father. My father died in 2006 without making a Will.  However, the khatha has been transferred in my mother's name. We have a family of 3 people. Can a mother gift self-acquired property to...

Repossession of flat let out on rent since 1968 

Question: I own a flat of 600 sq ft in a cooperative housing society in ghatkopar west. Repossession of flat let out on rent since 1968. My grandmother had let it out in 1968, the rent was fixed at rs 120 pm and ever since then it continues till date. The share...

My father did not do mutation 

Question: My father did not do mutation after purchasing a land. A plot purchased by my father in 1991. He died in 2017 with no mutation etc done on this property due to some family disputes. Now I got information that this property of my father is sold and my family...

Can conveyance deed be done with the developer ?

Question: Cooperative Housing society is on 98 years leased land. Property is going for redevelopment. Can conveyance deed be done with the developer.?  Builder is going to give freehold ownership flats to tenants. Builder is asking us, who are the landowners, to do a...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54