• Possession of newly purchased flat

I have purchased a flat from a reputed builder in Greater Noida West region.As per BBA i was supposed to get possession by July 31 2015 even considering grace period it should be latest by Oct 31 2015.When I made inquiries with builder ,they said they have not obtained completion certificate from concerned authority and they won't be able to give possession without it however the builder said I can take possession by paying the balance 5% and stamp duty charges since the builder is having part completion certificate. I want to know is taking possession in this case is legal ? What is the time frame the authority takes to issue completion certificate to builder ?\
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1. If the builder has got part completion certificate,he can give yu possession of the part only for which he has got the completition certificate,

2. taking part possession by making full payment is adised against,

3. Keep sending letters to the builder claiming possession of the flat confirming that you are ready with the balance payment to be made on receipt of the possession of the flat as per the agreement.
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. W
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1) if builder had completed building as per sanctioned plans completion certificate would be issued by the authorities 

2) wait for issue of completion certificate and then take possession 

3) builders generally manage to obtain the completion certificate within reasonable period  of time 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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1. Well, completion certificate is not required to taking possession of a flat. 
2. The builder may be to delay the handing over of possession is making this excuse.
3. If the builder is ready to hand over the possession then take it but make the final payment only after taking possession of the same.
4. The builder can not refuse to hand over the possession if more than 90% payment is made.
5. Send him a legal notice asking for to hand over the possession immediately in default of which he may be taken to consumer forum wherein you can claim for compensation as well for delay in possession.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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A completion certification is an important and mandatory legal document attesting to the fact that a new building has been constructed and completed according to all the safety norms and regulations of the Buildings Act. A mandatory no-objection certificate issued by the local development and municipal authorities.

A final completion certificate is awarded after the construction of a house is complete or if a group housing or apartment society is formed. It is a mandatory legal testimony to the fact that the builder has not violated any building rules and standards such as the floor area ratio limit, structural design, distance from road, quality of construction, distance from surrounding buildings, height of the building, number of floors and other criteria, along with an attested and approved building plan. 

Once the project is completed, the local authority inspects the premise on the basis of the building plan and awards the completion certificate, provided it is satisfied. The builder then applies to the departments yet again along with a copy of the completion certificate to get water, electricity connection and other basic amenities for the project.

A provisional or temporary completion is usually awarded to a builder if they want to hand over an apartment to residents but still have pending work to complete, such as finishing construction of amenities like the club house or painting. The provisional certificate expires after six months and should be followed by the builder applying for the final completion certificate.

You can take possession of the flat even after issuance of part completion certificate. Builder can get completion certificate easily after completing all the projects which he promised in agreement. 

Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1) it is better you take possession of flat on receipt of completion certificate by the builder for the building 

2) you won't be penalised by authorities if you take possession of flat now 

3) we don't advice you to take delivery of flat now 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
Hi, it is the duty of the builder to provide completion certificate and if they fail to provide the completion certificate then it is deficiency of service on part of the builder.

2. You can't penalize for registration of the apartment, for the safer side you can register the apartment and thereafter you can file a complaint for deficiency of service before the consumer court and also for damages for delay in possession.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
1. Without OC being granted the possession cannot be delivered. 

2. You should issue a lawyer's notice to the builder asking him to either obtain the OC and deliver the possession forthwith or refund the amount paid to him. If he does not honour either of these demands then you may file a lawsuit against him to recover the paid amount with compensation. 

3. A building, of which possession has been obtained without taking OC, can be demolished at anytime.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
There is no risk of penalty if you take possession of flat even before issuance of completion certificate.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. There is no justification for taking possession of the flat C.C. for part of which has been issued,

2. If the builder gives you possession in writing then you are not to be penalised since you are not responsible for not obtaining the C.C. 
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
I want to know is taking possession in this case is legal ? What is the time frame the authority takes to issue completion certificate to builder ?\


There is a news reported in the Times of India newspaper in this regard which is reproduced below:
GREATER NOIDA: The Greater Noida Industrial Development Authority (GNIDA) on Saturday issued a public notice, saying builders can't hand over possession of residential units to buyers without first acquiring the completion certificate, and warned of strict action if norms are not followed. 

A senior GNIDA official said it is mandatory for developers under provisions of the Uttar Pradesh Apartment Act 2010 to get the original building plan sanctioned from the development authority, and sell apartments only after acquiring the completion certificate for the building. 

"Completion certificate must be obtained and deed of apartment must be executed and registered by builder before giving possession of an apartment," said the official. 
Officials said, the move follows repeated complaints from residents and home buyers that developers deviate from approved plans for their own gains and force them to take possession of flats without issuing completion certificates. Reportedly, when a group housing project is nearly complete, developers get the building plan amended with approvals for construction of additional apartments. By not obtaining completion certificates, they can bypass the sanctioned building plans and construct extra flats illegally. 

GNIDA, through the public notice, also urged group housing allottees to report such builders who force them to take possession of residential units without the completion certificate. 

"Such allottees can contact the GNIDA planning/architect cell, by writing to the general manager (planning and architecture). They can also inform the customer relations cell at GNIDA offices, or send an email to gmplanning@gnida.in. We will take action. The concerned developer will be dealt with very strictly," the official said.

In view of above, it is better you wait for the approval of completion certificate by the authorities to take possession. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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I have made 95% payment of the Flat ,5% payment is left which is supposed to be paid during final demand and offer for possession .As said by the builder If I pay the rest amount i.e 5% along with depositing the stamp duty charges the builder will give me possession in 45 days completing the balance left works of the flat .The builder says there is no risk in taking possession over part completion certificate if I will reside in the flat or give it to rent but I cannot sell it until Completion certificate is obtained from concerned authority .I want to know will there be any risk of being penalized by the Greater Noida Authority in this case  and will registration of flat will be done after the builder obtains the completion certificate by the concerned authority?

Taking possession of the flat by paying balance of consideration amount is no doubt not totally a bad idea but beware of the consequences which have been highlighted in my previous reply. No doubt the completion certificates are not required while registering a property, but in many of the cases, the building plans of these apartments are approved but they do not get OCs due to not sticking to the approved building plan or due to other violations.
Obtaining Occupancy Certificate and Completion certificate can be mandatory under respective State laws.  As per these state laws, one cannot legally move into a building unless the developer gets an occupancy certificate from the respective local administrative or civic bodies. The corporation or municipality can ask the apartment owners to leave such illegally occupied flats or impose heavy penalties in the name of ‘regularization’.
Once the builder receives the Completion Certificate, they have to obtain Occupation Certificate from the civic bodies.

OC certifies that the building has complied with all the required building standards, local laws and it is safe to occupy. Occupancy certificate is issued by local municipal authorities or building proposal department that provides no objection to occupy the building under reference for its specified use. The OC is issued only once the building has been completed in all respects and can be occupied. The legal possession of the Flat by the Owner is valid only with the Occupancy Certificate.So, the main difference between Completion certificate & Occupancy Certificate is that CC shows that the building construction is done as per the plan which was approved by the concerned authorities. And after getting this, occupancy certificate will be given to all buyers so that they can take possession of their Flats / properties.
 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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