Homebuyers finalising a property purchase in India are urged to conduct meticulous checks on regulatory compliance, especially regarding RERA registration and occupancy-related certifications, before accepting possession. Industry experts caution that skipping this vital verification can expose owners to legal vulnerabilities, delayed utility connections, and complications with resale or registration.
The Real Estate (Regulation and Development) Act, 2016, better known as RERA, was enacted to prevent exactly these sorts of buyer predicaments. Yet, many still accept possession without confirming whether the property actually adheres to its mandates.
Why RERA Compliance Isn't Optional
Under RERA, any residential project over 500 square meters or eight apartments must be registered with the respective state authority. Builders are legally required to disclose timelines, sanction plans, title status, and ongoing updates. This is meant to ensure transparency and instil buyer confidence.
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Failure to comply isn't just a bureaucratic footnote; it can invalidate possession and trigger penalties.
For buyers, that translates to one essential question: has the property cleared the RERA filter?
If not, they may be left without recourse when the promised amenities don't materialise, possession is delayed, or construction deviates from approved plans. Under RERA's provisions, buyers do have the right to lodge complaints and seek compensation. But without registration, those protections collapse.
What Buyers Must Check: No Exceptions
Occupancy Certificate (OC):
This document certifies that the local municipal body has deemed the structure fit for occupation. Without it, utility connections can be stalled, and resale may hit a dead end. Legally, no one should occupy a property without a valid OC but violations are rampant.
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Completion Certificate (CC):
Often confused with OC, the CC verifies that construction aligns with the approved building plan. It confirms that the project meets legal and structural norms. Accepting possession without this exposes buyers to future notices or penalties.
RERA Registration Number:
A quick visit to the respective state RERA portal (like maharera.mahaonline.gov.in) allows buyers to validate the project's registration status. The portal typically provides updates on construction status, litigation, and promoter details. If the project doesn't show up, that's a red flag.
Sale Deed & Title Deed:
These documents confirm legal ownership and that the property is free from disputes or liens. Any ambiguity here should be considered a serious concern. Buyers must cross-verify these with the local sub-registrar's office or a legal professional.
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Utility Connections:
Water, electricity, and gas all need to be formally approved and operational before possession. Some builders hand over flats with pending applications, passing on the burden and delay to the buyer.
Payment Receipts and Dues Clearance:
Buyers should obtain written confirmation that all payments have been made and no dues remain. Any ambiguity on final amounts owed can lead to unpleasant surprises later.
Builder Warranty and Maintenance Agreement:
Reputed builders now provide a formal warranty on construction, plumbing, wiring, and other elements, generally for 1 to 5 years. This needs to be documented. Also, a clearly outlined maintenance schedule and charges for common areas should be disclosed.
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What Happens When These Are Missing?
The absence of just one of these elements can derail the possession process. For example, if the OC is missing, buyers may be unable to register the property under their name or secure home insurance. Banks may also hesitate to approve home loans against such properties.
In some cities, authorities have begun cracking down on unauthorised occupations, even issuing notices to vacate.
What to Do If Something Feels Off
If the builder is stalling on documents or providing vague responses, buyers should immediately file a written complaint with the local RERA authority. Most states now have online portals for this. It's also wise to consult a property lawyer before taking any major step.
Buyers can also form resident groups or reach out to existing owners to pool efforts in case of discrepancies.
Possession is more than a symbolic handover; it is a legal shift in responsibility. Without the correct paperwork, the buyer remains vulnerable. A checklist-driven approach might feel cumbersome, but the cost of neglecting it is far higher.
Before signing off on possession, every homebuyer must ask: Is my property fully compliant, and can I prove it? If the answer is anything but a resounding yes, step back.
In Indian real estate, due diligence isn't just good practice; it's survival.
