Status as on- 14/01/2022
Introduction:
Every real estate project has to adhere to approved building plans and mandatory standards as required by the State and Central Government Laws. Upon completion of the construction, it is mandatory for the developer to get a Completion Certificate (‘CC’) from the local authority. This certificate is awarded only if the authorities inspect and are satisfied that the project/building has been constructed according to the approved building plan, mandatory standards have been maintained and all the construction work including the external development work is also complete. This certificate is very crucial to ensure the supply of basic amenities such as water, electricity and drainage system.
Occupation Certificate (‘OC’) are issued when the authorities inspect and are satisfied that the project/building has been constructed according to the approved building plan and basic amenities are complete for use and occupation and only additional amenities or external development have to be completed. Possession could be given to the allottees after the ‘OC’ is received.
However, when the projects are very big in size and have various phases, it is allowed to take Part Occupation Certificate (‘Part OC’) for the said tower/building when the construction of the buildings/towers is complete and basic amenities required for habitation are provided. The builder cannot give the possession to the buyer unless the OC or Part OC is obtained.
Possession letter without occupation certificate:
Now days, it has become a common practice among the Builders/Developers to issue Possession Letter without obtaining the Occupation Certificate to pressurize the allottees to pay complete sale price without any chance of getting the possession or execution of sale deed.
This violation of the builders/developers goes unchecked as the allottees pays a huge amount against their unit and are under immense pressure from the builder/developer.
What steps are to be taken when possession is offered without occupation certificate:
Obtaining the OC before the possession is a must and if the possession letter is issued without the OC then the allottees must exercise their right to file complaint against the concerned builder/developer before the Competent Authority. The results to these complaints have made the builders withdraw the possession letters and not to call for any installment which is due on the possession.
In this process, the allottees have to be very cautious as proper legal advice must be sought before the complaint is filed.
Disclaimer: The above article is based on the personal interpretation of the related orders and laws. The readers are expected to take expert opinion before relying upon the article. For more information, please contact us at rera@centrik.in
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