What is an occupancy certificate and why is it important for my flat in Kohima?

Detailed Legal Analysis

An occupancy certificate is a document issued by the local municipal authority certifying that a building is fit for occupation and complies with the approved building plan. In Kohima, the occupancy certificate is essential for lawful occupation of the flat and for obtaining utility connections such as water and electricity.

The Gauhati High Court has held that occupation without an occupancy certificate is illegal and the builder cannot offer possession without this certificate. Nagaland Rent Control Act 2015 may prescribe the procedure and conditions for grant of occupancy certificate by the local authority.

If your builder has offered possession without an occupancy certificate, you can approach the Nagaland Rent Control Act 2015 Real Estate Regulatory Authority for redressal. The certificate is also required for resale of the property and for obtaining loans from banks.

You should insist on the occupancy certificate before accepting possession of the flat. Its absence can affect the legal status and marketability of the property.