Possession, Occupancy Certificate and Delays: Your Rights Under RERA

Possession is the moment your paperwork becomes a home. Knowing what should happen, and what to do if it does not, puts you in a stronger position.

The possession date

Your Agreement for Sale states a date for handing over the flat, and the project's MahaRERA registration lists a completion date. These are the benchmarks. Marketing timelines told to you verbally are not. Always confirm the registered date in writing before you book.

The Occupancy Certificate

An Occupancy Certificate (OC) is issued by the local authority, such as PMC, PCMC or PMRDA, once a building is complete in accordance with the sanctioned plans. Ask for a copy before taking possession. Living in a building without an OC can cause problems with utility connections, resale and loans.

Inspecting the flat

Before signing the possession letter, inspect the flat against the agreement and the specifications.

• Compare the carpet area and layout with the sanctioned floor plan.
• Check fittings, flooring, doors, windows, plumbing and electrical points.
• Test taps, drainage and switches.
• Look for cracks, seepage and uneven finishes.
• List every defect in writing and ask for a timeline to fix it.

Conveyance and society formation

Under Section 17 of the RERA Act, the promoter is to execute the conveyance deed within three months of the Occupancy Certificate being issued. Section 19 expects buyers to take physical possession within two months of the OC. Ask about the formation of the society or association and the handover of common areas and documents.

If possession is delayed

Section 18 of the RERA Act provides two routes where the promoter fails to hand over by the agreed date. You can withdraw and claim a refund with interest and compensation, or you can stay in the project and receive interest for every month of delay until possession. The rate of interest is set by the state rules, so confirm the current rate.

Delays can have permitted reasons, such as force majeure, and the detailed position depends on the agreement and the Act. If you are facing delay, read the relevant clauses, keep a written record of communications, and consider legal advice before choosing a route.

Changes to sanctioned plans

Under Section 14 of the RERA Act, a promoter cannot make major additions or alterations to the sanctioned plans without the consent of at least two-thirds of the buyers, and minor changes require the buyer's written consent. If you are told the plan has changed, ask for it in writing.

Defects after possession

Section 14(3) makes the promoter responsible for rectifying structural defects or workmanship issues reported within five years of possession, at no cost to you. Report defects in writing and keep dated photographs.

Where to go for help

If a dispute cannot be resolved with the developer, MahaRERA provides a complaint mechanism. Keep your agreement, receipts and correspondence organised before you file.