Can builder offer possession without OC and increase area?
I booked a flat in Greater Noida for which the builder has not yet received the OC, but has sent an offer of possession along with the final demand and has increased the demand area by 10%. Can he send an offer of possession without the OC? What documents can I ask him for regarding the revised area?
Effective May 29, 2024, UP RERA mandates builders to obtain an Occupancy Certificate (OC) before offering possession to allottees. This aligns with RERA Act, 2016, Sections 11(4) and 19(10), which stipulate the promoter's responsibility to obtain and provide the OC, and the allottee's obligation to take possession within two months of its issuance. While UP Urban Planning Act, 1973, Section 15-A, allows for deemed completion certificate after three months, the OC remains mandatory. Any increase in area (even by 10%) still requires a valid OC. Allottees are entitled to revised sanctioned plans and cost breakdowns, and major changes need consent from at least two-thirds of allottees (RERA Sections 14 & 19).
The builder cannot legally offer possession without obtaining the Occupancy Certificate (OC). You should not take possession until it is issued. Ask the builder for approved layout plans, revised floor plan, and RERA approvals for the increased area. You can file a complaint with RERA if the changes were made without your consent or proper justification. For further legal assistance contact us on our helpline number.
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