Can we take possession of our flat
8 months ago
Can we take possession of our flat from the builder without OC in Hyderabad? Does taking possession mean getting the flat registered in our name?
A.Dear Client,
In the absence of a Completion Certificate(CC) and Occupancy Certificate(OC) issued by the Civic Authority who approved the building plan on the application of the Builder/Developer, they are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser such a practice is defined as “unfair contract” u/s.2(46) of CPA, 2019. Moreover, both CC and OC is also defined u/s.2(q) and 2(zf) of the Real Estate(R & D) Act, 2016 casting the obligation of the Builder/Developer to procure the said legal documents and restriction before marketing, booking, selling or offer for sale of any flat or apartments of any housing project without registering the same with the regulatory authority. An occupancy Certificate is an important legal document that certifies that the building was constructed in line with the approved plan having no deviation in plan or construction and is fit for occupancy by the buyer/owner. Moreover, a CC does not allow to stay in the building until and unless an OC is issued in respect of said building by the authority to owner to occupy and stay legally and safely. In the absence of CC and OC, a Builder can not register the Deed of Sale and if you take possession of the Flat in the absence of these documents, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property etc and may face other consequences.
In the absence of a Completion Certificate(CC) and Occupancy Certificate(OC) issued by the Civic Authority who approved the building plan on the application of the Builder/Developer, they are incompetent to execute a Deed of conveyance and cannot deliver the possession of the flat to the Buyer/Purchaser such a practice is defined as “unfair contract” u/s.2(46) of CPA, 2019. Moreover, both CC and OC is also defined u/s.2(q) and 2(zf) of the Real Estate(R & D) Act, 2016 casting the obligation of the Builder/Developer to procure the said legal documents and restriction before marketing, booking, selling or offer for sale of any flat or apartments of any housing project without registering the same with the regulatory authority. An occupancy Certificate is an important legal document that certifies that the building was constructed in line with the approved plan having no deviation in plan or construction and is fit for occupancy by the buyer/owner. Moreover, a CC does not allow to stay in the building until and unless an OC is issued in respect of said building by the authority to owner to occupy and stay legally and safely. In the absence of CC and OC, a Builder can not register the Deed of Sale and if you take possession of the Flat in the absence of these documents, you may not be able to claim civic facilities like water, electricity, sewerage connection, mutation of property etc and may face other consequences.
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A.Dear client,
Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property. You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.
Occupying a property without an OC is considered as illegal and local civic bodies can ask you to vacate the property. You may have to face trouble in getting water connection or sanitary connection or electricity supply connection.
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