Dear client,
Possession you can take to secure amount paid . But complain to RERA for delayed possession that also without OC CC.
Staying in a flat without CC and OC
I have made an agreement to sale-purchase for under construction flat in Ambernath. Date of possession was in Dec 2017. I have made all the payments but upon inquiry, it was revealed that completion certificate/occupancy certificate is not available. All flat owners have made registration and took possession without completion certificate Q1) Since we have made more than 90% payment to the builder, can we stay in a flat without CC & OC Q2) Building is registered in RERA, can we raise a complaint in the RERA that builder has delayed the CC and OC Q3) Do we have to vacate the flat due to CC and OC is not available.
Asked 7 years ago in Property Law
Religion: Hindu
9 Answers
1)Builder can not allot flat without obtaining OC .Law clearly state that no person shall occupy or allow any other person to occupy building or part thereof without obtaining OC .In certain cases part OC also been granted .
2) Builder cannot insist you on taking possession of flats where Builder has not obtained completer CC or OC for the building, and he also cannot charge any amount. It will also be illegal under law if you take possession of the flat without building having OC.
3) Cc and oc are the statutory approvals which the builder should obtain and provide it to the customer once they purchase apartment.
1. See legally you cannot stay without OC in the flat .
2. You can register complaint before RERA and can also seek compensation for the dealy as per RERA from builder.
3. See legally you cannot occupy flat without OC seek OC and compensation from developer.
file complaint against builder before RERA and seek orders to direct builder to obtain OC and CC
2) builder can execute registered sale deed but cannot offer possession until OC is issued
Legally, possession could not have been offered by the builder in absence of CC and OC.
Fit case to be agitated before RERA. Prefer a RERA complaint and seek compensation in lieu of the delay that has been occasioned in the completion of this project.
1) No you can stay in the flat without CC and OC, if you have received possession certificate from builder. And ask builder when he is going to apply for CC and OC and with how many does he will be getting it.
1. Not without OC
2. Yes of course
3. Yes if required by the local body as till building is issued an OC, it is not considered fit for habitation
1. OC or CC is essential before occupying or taking possession of flat.
If others are taking possession then they are ready to undergo risk.
2. Yes you can raise a complaint.
3. If the competent authority is taking any severe action against any grave lapse in the construction they may serve notice for demolition.
Staying without oc is a offence even for builder as well as flat owner. Atleast part oc is required for taking possession of the said flat.
