Don’t purchase the property as the developer does not have an occupation certificate

Occupation certificate is necessary to certify that the building has been completed as per sanctioned plans

- Occupancy Certificate evidences the completion of the building as per the approved plan and compliance of local laws.

- If the builder is unable to obtain the occupancy certificate, it means that the builder has violated building law or deviated from Construction Plan, and further it is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate.

- Further, It is illegal to occupy in a building or apartment that doesn’t have an occupancy certificate. Buildings without OCs are not given a water connection and are charged a higher property tax.

- Hence, in the absence of an Occupancy Letter, you should not purchase the property. 

If even after 8 years the OC is not granted then it is presumable that some defect in the property is still there.

Therefore, first determine the reasons od delay in issuing the OC and then decide to purchase the property. 

It’s an offence to stay in a property without oc but people take it lightly and do the stay thing. Banks don’t provide loan on such properties. Tmrw it may also have a issue in resale

It is not safe to purchase property without oc as it is legal necessity. But as property is eight years old, such properties are regularized by payment of penalties of local authorities. If your seller is capable of getting the property regularized, you can proceed with transaction. Include necessary safeguards in the  sale deed.

it is absolutely essential to buy a flat with an Occupancy Certificate (OC) as occupying a property without one is considered illegal, potentially leading to legal consequences like fines, eviction, difficulty obtaining utilities, and complications with selling the property or securing a home loan; essentially, you could face legal action from local authorities for residing in an unauthorized structure. 

The local authority can consider your property as an unauthorized structure, potentially leading to demolition actions. 

Selling a property without an OC can be extremely challenging as potential buyers may be hesitant due to legal risks.

Sir/Madam, 

You are suggested to confirm the confirm from the concerned authority as to why the OC is not issued till date. As per the law in vogue, buying a property without OC may be risky. 

It is not safe to buy, if no OC has been issued. The primary risk Of buying a property without OC is that it is at the risk of being demolished in case if it is found out that it is not fit for human residency as per the law of the land.

Dear Client,

Buying a property without an Occupation Certificate (OC) is veryrisky. As the Ansal Heights, Sector 92 property is 8 years old and still doesnot have an OC, you should be verycautious. Without an OC, the property is not legally fit for occupation, which may lead to penalties, lack of essential utilities (water/sewage connections), difficulty in resale, and challenges in obtaining home loans. Additionally, if the builder has violated building norms, the authorities may impose fines or even issue a demolition notice. Before proceeding, verify whether the builder has legally applied for the OC and the reasons for the delay. You may also consult the Haryana Real Estate Regulatory Authority (HRERA) and seek a written assurance from the builder regarding OC issuance. If possible, negotiate a lower price considering the risks or explore legally compliant alternatives.

Purchasing a property in Ansal Heights, Sector 92, Gurgaon, without an Occupation Certificate (OC) poses significant legal and financial risks. Without an OC, the property is not officially recognized as fit for occupation, and municipal authorities may impose penalties or even declare it illegal. This can lead to difficulties in securing home loans, increased maintenance costs due to reliance on temporary utilities, and potential legal action from authorities. Additionally, if the OC is denied due to construction violations, regularisation may take years or be impossible, affecting resale value. Before proceeding, it is crucial to verify the developer’s OC application status, ensure the property has a Completion Certificate (CC), check its RERA registration, and conduct thorough legal due diligence to confirm there are no outstanding disputes or encumbrances. Consulting a property lawyer and checking with Haryana Shahari Vikas Pradhikaran (HSVP) or Gurugram Metropolitan Development Authority (GMDA) for the OC status is highly recommended to avoid future complications.