Possession offered without an occupancy certificate

What should a buyer check in an occupancy certificate?

Check the competent authority, building, floors, use, scope and conditions covered by the actual permission. A partial certificate or a certificate for another wing should not be represented as permission for the entire development. Section 11(4)(b) concerns obtaining the completion or occupancy certificate, or both as applicable, and making it available to allottees.

Compare the offer letter with the approved plans and permission. An application acknowledgment, architect statement or informal assurance is not automatically the authority’s occupancy permission.

How should a buyer respond to a disputed offer?

Request missing documents and identify specific concerns in writing, preserving delivery evidence. Review services, defects, demands and any waiver requested at handover. Section 19(10) also addresses the buyer’s duty to take possession within two months of the relevant occupancy certificate, so advice must consider both promoter obligations and the allottee’s response.

Non-issuance does not automatically decide every refund or delay claim without the agreement and facts. Outcomes depend on facts and the decision of the Authority or Tribunal. Urgent safety issues require appropriate technical attention, not only correspondence.

Official sources

• RERA Act, Sections 2(zf), 11(4)(b) and 19(10)
• MahaRERA home-buyer guidance

Read possession advice and defect claims.

Editorial source check: 2026-10-24. Owner-approved for publication. No independent professional legal review or named professional authorship is claimed. “Last reviewed” records an editorial update, not legal sign-off. Check applicable amendments, orders and case-specific law before reliance.

General information, not legal advice. Authorship and review policy.