Don’t rush to move into a new home!

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While taking possession of a flat, the flat buyer should ensure that Builder Promoter has obtained the completion certificate or the occupancy certificate from The Local Authority or Municipal Corporation. As per the Section 11 of the MahaRERA Act, 2016, Builder Promoter is responsible to obtain the completion certificate or the occupancy certificate, or both, as applicable, from the relevant competent authority. He must guarantee that the building structure complies with all relevant laws and regulations. Inspection Officers from the local authorities (Municipal Corporation) will undertakes an inspection to ensure that the building structure complies with the law.

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Flat buyers are eager to move in after buying a flat. Their hasty decisions endanger them greatly. In reality, staying in a flat without first obtaining an occupancy certificate is illegal in any circumstances. If someone moves into a flat without first obtaining an occupancy certificate, then they are putting themselves in jeopardy. In this situation, one is basically offering builder promoter the opportunity to defraud him or her by leaving the construction work incomplete.

Once the Occupancy Certificate is obtained and possession of flats is given, a builder promoter's responsibilities to flat buyers (Allottees) do not end. The Section 14 of the MahaRERA Act, 2016, mandates if there are any defects in then it’s the duty of the builder promoter to rectify such defects within a period of five years from the date of handing over possession to the flat buyer (Allottee), without any further charges.

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One can also file a complaint with the MahaRERA Authority if one does not receive possession of the flat as agreed in the Agreement. Instead of rushing to move into a flat, rent one and start living there. The builder promoter is responsible for all rent paid by you in the event of delayed possession, but do not take possession until you have obtained an occupancy certificate.

Even the MahaRERA Authority in a Judgement dated March 9, 2018, ruled that if the buyers have taken unlawful possession of the flat, their complaint would not be heard by the MahaRERA Authority.

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