My builder in Saharanpur has not obtained an occupancy certificate but is asking me to take possession, should I accept?

Detailed Legal Analysis

An occupancy certificate is a mandatory document issued by the local municipal authority certifying that a building is fit for occupation. In Saharanpur, accepting possession without an occupancy certificate can expose you to legal and safety risks.

The Allahabad High Court has held that a builder cannot legally offer possession without an occupancy certificate. Uttar Pradesh Rent Control Act 1972 may prescribe penalties for occupation without an occupancy certificate.

If you accept possession, you may face difficulties in obtaining utility connections and in resale. You can approach the Uttar Pradesh Rent Control Act 1972 Real Estate Regulatory Authority for a direction to the builder to obtain the occupancy certificate.

The Authority can also direct the builder to pay compensation for the delay. You should insist on the occupancy certificate before accepting possession.