The Uttar Pradesh Real Estate Regulatory Authority is continuously enlightening the homebuyers about their legal rights and the responsibilities of promoters in matters related to Completion Certificates (CC), Occupancy Certificates (OC), possession of units, and execution of conveyance deeds. The provisions are based on the previous order of UP-RERA which aims to ensure transparency and safeguard the rights of allottees in real estate projects across the state.

Homebuyers Must be Aware of the Process of Possession

Under the provisions of the RERA Act, 2016 and the RERA Rules, promoters are required to execute the conveyance deed of the unit and provide possession to the allottee within three months of obtaining the Completion Certificate or Occupancy Certificate from the competent authority. That is why U.P. RERA has fixed a reduced time limit of two months for providing written offer of possession to the allottee. The offer must be communicated through the registered email of the allottee and through post. The promoters have been further directed to display the copy of the O.C. or C.C. as the case may be at their CRM offices.

‘Final Demand Notice’ Is Not a Valid Offer of Possession

UP-RERA has clarified that communications issued under titles such as “Final Demand Notice” or any other ambiguous terminology, cannot be treated as a valid Offer of Possession. The letter must explicitly mention “Offer of Possession” and should clearly convey that the allottee is being invited to take possession of the unit subsequent on receipt of the O.C. or C.C. Failure to comply with the prescribed format may amount to a violation of the applicable rules and invite regulatory action.

Homebuyers Must Take Timely Possession

The Authority has also emphasized that once a valid Offer of Possession has been issued in accordance with the prescribed procedure, it is the responsibility of the allottee to take physical possession of the apartment, plot, or building within the stipulated period and participate in the execution and registration of the conveyance deed as required under the law.

Part C.C. or O.C. Must Clearly Specify the Parts Covered by such O.C. or C.C.

In cases where only a part of a project receives a Completion Certificate or Occupancy Certificate, the competent authority is supposed to clearly specify the names and details of the towers, blocks, phases, or plots covered under such certificate. This helps homebuyers understand the status of their units and eliminate any room for confusion regarding completion status of the project or the unit.

Temporary Certificates Are Not Legally Permissible

UPRERA has observed instances where temporary or provisional Completion Certificates and Occupancy Certificates were issued for limited periods. The Regulatory Authority has stated that such practices are legally inappropriate and has directed competent authorities to stop this practice so that the interests of homebuyers are not adversely affected.

Clarification regarding the deemed O.C. in Noida, Greater Noida and YEIDA

U.P. RERA has reiterated the provisions relating to the deemed occupancy certificates under the regulations applicable to Noida, Greater Noida, and the Yamuna Expressway Industrial Development Authority (YEIDA) and clarified for the benefit of the home buyers. The provisions relating to deemed Completion Certificates and deemed Occupancy Certificates have also been made applicable to projects governed by industrial development authorities such as Noida, Greater Noida, and the Yamuna Expressway Industrial Development Authority (YEIDA), wherever permitted under the applicable regulations. This provides greater clarity and legal protection to homebuyers in these regions.

Important Advisory for Homebuyers

UPRERA has advised homebuyers to ensure that they receive a proper Offer of Possession with/after O.C. or C.C., as the case may be and not merely a demand notice from the promoter. These measures are intended to strengthen transparency in the real estate sector and ensure that homebuyers receive possession of their properties in accordance with the law.