Legal Certifications to be handed Over by Developers to the Home-buyerJanuary 4, 2019

Legal Certifications to be handed Over by Developers to the Home-buyer

Becoming the proud owners of your own home is a momentous occasion, a cause for joy and pride and untold happiness. However, if you are moving into a ready-to-occupy apartment, you need to be a little shrewd too at this time. This is to ensure your builder provides you with a number of documents and certificates before you sign on the final documents prior to moving in.

One of the most important documents required is the Occupancy Certificate (OC) and shouldn’t be confused with the possession letter. While there are many documents that are needed during the course of purchasing a property, it is the occupancy certificate that is crucial to the buyer. Without this certificate, it’s illegal to move into the apartment; it’s also needed if you decide to sell off your apartment too. Homebuyers are eligible to take legal action against their builder for not providing their occupancy certificate.

To differentiate between the possession letter and the OC, the former is issued by the builder stating the date the homebuyer will be taking possession of the property. This letter is also needed to avail home loans but isn’t sufficient to make it legal for you to move into your home.

Coming to the OC, this document is official proof that the builder has followed all the building codes and ethics and that the said property is in suitable condition for occupancy. It also means that all important documents are in place for you to apply for water, electricity and sanitation connections. The OC is issued by the local government agency at the end of construction and after inspection by this official body. To obtain this certificate, the following documents are needed:

  • A copy of the building sanction plan
  • Building commencement certificate
  • A building completion certificate
  • Latest property tax receipt
  • Copies of NOC from pollution board

Property transaction is an intensive exercise that involves numerous documents related to legal, statutory and regulatory frameworks. Some of the important documents to be collected by the homebuyer from the builder include:

  • Approved construction plan
  • Completion certificate
  • Occupancy certificate
  • NOC from electricity inspector
  • NOC from the fire department
  • Clearance for elevator operations
  • Latest property tax receipts
  • Sale agreement between builder and buyer

However, homebuyers need not worry too much as with the establishment of RERA Act 1st May 2017, homebuyers now have an official body that will address their grievances with builders.

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