Response

To make any possession of property proper and legal, a Completion or Occupancy Certificate is necessary under law. Now under the RERA Act, the Builder is barred from handing over property without the mandatory certificate.

And even if the Builder gives the possession without the proper certificates, it is illegal and does not absolve the Builder from his responsibilities.

Particularly, under RERA, the Sale Deed must invariably contain the Completion/Occupany Certificate details.

It is advisable not to take possession or make final payment unless these two certificate are provided.

Kindly file an RTI and inquire whether the builder has applied for certificate of occupancy if so then why the same is not provided Nd will it be provided.

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 the OC has been obtained.

Occupancy/Completion Certificate

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 the Occupancy Certificate and it 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.

Reference: RERA

Right to Information Act

2021001892021004219184

LAWAYZ-2023-787