Builder can charge maintenance after he has delivered possession of flat to you
builder can deliver possession of flat only after issue of OC
Payment towards Maintenance
Jointly me and my son purchased an apartment which was under construction in the initial stage itself. We have paid EMI regularly without any default. Now we have to pay the final payment for which demand note not yet received. The developer got OC in the month of March 2020 and he is telling the Maintenance charges will be applicable from the date of OC. The final inspection, final payment, possession is still pending. What is date of start of Maintenance charges legally ? Please advise me.
Asked 5 years ago in Property Law
Religion: Hindu
27 Answers
1. Date of Receipt of Possession by Flat-Owner is legally & irrefutably the Date of Possession and maintenance can be levied only from date of actual possession.
2. IF Possession remains with Builder, THEN Builder becomes liable to maintain and pay.
3. Due to Govt. order of lock down, the Builder CANNOT force Flat owners to take possession and such time period shall remain deferred till lockdown period is lifted by govt., else it will attract criminal prosecution on builder.
That means only after possession the builder can charge maintenance, not from the date of getting OC on his hand. Am I right ?
Asked 5 years ago
From date of possesion delivered.
Before OC , MC cannot charge but till possesion not delivered, why you will pay MC.
1. If your builder has given you the letter of possession then from that date onward you are bound to pay the maintenance charge.
2. Whether you have taken the possession or not will not make any difference.
3. The offer for possession will come only when the final inspection id done and the your flat is ready in all respects from the builder for habitable condition.
4. So your actions lies in the circumstances as mentioned above.
1. YES .... PROVIDED you have not documentarily taken over possession. OC has got nothing to do with Possession.
2. Builder sometimes provides possession for fit-outs etc.... even before actually getting an OC.
The maintenance will be only applicable from date of oc if due possession is given by the builder to you. Otherwise from date of possession. If possession is not taken after oc then maintenance will be liable
Yes your understanding is absolutely correct
1. Maintenance charges can't be charged to you if the property is not yet registered in your name in the jurisdictional Sub Registrar's Office and the possession of the property follows that is not yet complied with.
2. Occupancy Certificate does not determine the starting of maintenance charges, unless possession is handed over.
Yes you are right, maintenance can only be charged only after the possession
But builder has issued you a letter to take possession of your flat on or before OC date than you have to follow that date. other you can cross question to builder when he is going to give possession to you.
Dear querist,
Yes, You are right. The maintenance charges can not be charged before the property is handed over to you either physically or constructively. Since , you mentioned that the property is nit in your possession and he has only OC. He cant charge maintenance.
regards,
Yuganshu sharma
Advocate
- As per RERA , the buyer need not to pay maintenance charges , till he possesses the apartment,
- Further, the builder is not eligible to claim maintenance charge before the completion of the total facilities, and only after completing everything , the builder can ask for maintenance from the buyer.
- Hence, if your builder has given you the letter of possession , then from that date onward you are bound to pay the maintenance charge.
- Further, when you have taken possession of flat , You become liable to pay the maintenance charge as per rule.
Respected sir...
Legally the builder has right to claim maintenance after giving the position only then he can charge maintenance from you he is wrong as he saying that you will have to pay maintenance after getting OC in hand if he still ask from you to pay the maintenance then you must have to approach the court as he doesn't hold any write in that respect .....
Thank you
The date of OC cannot be the date from which you have to give maintenance. That is wrong. You have to give maintenance charges from the date of possession of the property.
Yes you are right.
The maintenance charges are payable from the date of offer of possession. It depends upon the terms and conditions of the agreement entered into between you and your developer.
Hi, as per RERA provision after the OC is obtained builder has to provide the possession within 60 days ..After possession the maintenance charges has to paid by the allottes
The maintenance charge will be applied from the date of the offer of possession and not from the actual possession.
for example:- builder issue offer of possession to you in this month i.e. May 2020 and you will deposit the payment and take the actual possession on 2021 then who is in fault? you, so the builder will charge maintenance from the offer of possession. apart from this the terms and conditions of your Builder and buyer agreement shall prevail.
Feel Free to Call
Until the property has not been handed over possession to you after registering the same to your name, you may refuse to pay the maintenance.
The demand made by the builder on the basis of procuring OC without handing over possession is illegal and invalid in law.
You can refuse to pay and inform him to proceed as per law and can challenge his move as per provisions of law in this regard.
Without handing over possession of property you do not know how and what is your property, hence you can refuse to pay maintenance without occupying the property legally.
If he still insists then you can issue a legal notice warning him to refrain from indulging in illegal activity by demanding maintenance amount without handing over possession of property.
Without handing over possession of property you do not know how and what is your property, hence you can refuse to pay maintenance without occupying the property legally.
If he still insists then you can issue a legal notice warning him to refrain from indulging in illegal activity by demanding maintenance amount without handing over possession of property.
once you take possession of flat builder will charge maintenance.
yes, after possession only.
1. Builder can charge maintenance from the buyer only and only after he has delivered possession of property to the buyer.
2. Possession cannot be delivered before issuance of OC.
3. The date of delivery of possession to the buyer has to be the date from which builder can charge maintenance to you. If builder obtains OC on 1st January, but does not deliver possession until 1st July then he cannot seek to erect an edifice of unjust enrichment by seeking maintenance of 6 months.
4. Refuse to pay maintenance charges from the date of OC.
1. Builder can charge maintenance from the buyer only and only after he has delivered possession of property to the buyer.
2. Possession cannot be delivered before issuance of OC.
3. The date of delivery of possession to the buyer has to be the date from which builder can charge maintenance to you. If builder obtains OC on 1st January, but does not deliver possession until 1st July then he cannot seek to erect an edifice of unjust enrichment by seeking maintenance of 6 months.
4. Refuse to pay maintenance charges from the date of OC.
The applicability of maintenance charges (MC) will be after the possession of the apartment by builder to you.
In your case since OC is received by Builder, he can deliver possession to you, and that, from date of possession, MC will be charged.
Yes, charge of MC will be after possession is given to you and not from date of getting OC.
1. The maintenance will start from date of possession and not from date of OC issued to builder.
2. Yes you are right he cannot charge maintenance untill you take possession of your apartment.
