Response

Offering a possession wihout OC is illegal. Any building that has not received the OC from the authorities is considered under-construction projects. YOu have a right to take the legal action against the builder. if you take the possession without OC you will not be thelegal owner of the flat. RERA has made it clear that builders have to obtain the OCs , “”If the building has been constructed as per the approved plans, fire safety standards, and building standards, and if it also has completion certificate, then developers can get OC in 30 days. To obtain the Occupancy Certificate, the following documents need to be submitted:

Copy of building sanction plan
Building Commencement Certificate
Copy of building Completion Certificate
Latest property tax receipt

Copies of no-objection certificates (NOCs) from pollution board, If the promoter fails to complete or is unable to give possession of an apartment, plot or
building,—
(a) in accordance with the terms of the agreement for sale or, as the case may be,
duly completed by the date specified therein; or
(b) due to discontinuance of his business as a developer on account of suspension or revocation of the registration under this Act or for any other reason, he shall be liable on demand to the allottees, in case the allottee wishes to withdraw from the project, without prejudice to any other remedy available, to return the amount received by him in respect of that apartment, plot, building, as the case may be, with interest at such rate as may be prescribed in this behalf including compensation.

As per Section 11 (4) (B) of Rera Act, a developer has to obtain a completion/occupancy certificate from the local authority. If the builder is not giving you the OC then Any aggrieved person may file a complaint with the Authority or the adjudicating officer, of RERA Redressal. as the case may be, for any violation

Reference: “Section 3 (2) (i) of Maharashtra Ownership of Flats Act, 1963, Section 11 (4) (B) of The Real Estate (Regulation and Development) Act 2016 – – AHG50 – 202100553 – 25 – 54 – 202100472021004211884

LAWAYZ-2023-928