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What to do if builder is not giving completion certificate
26-Jun-2023 (In Documentation Law)
Sir I have bought flat in pune PMC limit. Builder is ready to give possession but without completion certificate. Builder is giving possession letter instead of completion certificate. Is it safe to take possession of flat without completion certificate.
Dear Querist, it is not advisable to take possession without occupation certificate or commencement certificate. Issue a notice to builder, if he still doesnt give possession with cc, then file a complaint with RERA.
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Adv. Rakesh Misar
Mumbai | 200+ Answers
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Builder cannot give possession of the property without obtaining Occupation Certificate (OC) as it is legally not allowed. Similarly even you as a flat purchaser shall not take possession of the property unless builder has obtained OC.
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Adv. Bankim Mehta
Mumbai | 200+ Answers
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Please do not take possession of the flat without the project having received the completion certificate. It is unsafe and unwise. Also on the part of builder / developer it is illegal to offer possession before completion. There may be lot of issues why the builder / developer is not getting completion for his project. I suggest you request a deadline to builder for completion certificate. If the builder fails to obtain completion within the deadline then threaten builder that you may approach the court and in that scenario you may actually approach newly found body RERA or any other forum available to you.
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