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Do not treat a builder’s handover letter as proof that an apartment is legally ready. Before accepting possession, verify the competent authority’s occupancy or completion certificate for your exact building, wing or phase; reconcile the flat, carpet area, amenities and parking with the registered agreement for sale; and obtain a written statement of charges and meter readings. Under the RERA framework, the promoter has defined outgoings and handover duties until physical possession is transferred, while the allottee’s payment obligations begin according to the agreement and applicable local rules. If possession is late, statutory remedies can include interest or a refund with interest. Open parking is a common area and cannot be sold as an individual unit; a covered garage or covered parking space must be specifically disclosed.
What must be true before you accept possession?
Possession is more than receiving keys. A lawful handover should be supported by the certificate issued by the competent authority, a flat that matches the registered agreement for sale, completed common infrastructure, and a clear accounting of money due. Ask the promoter to identify exactly which document authorizes occupation and which part of the project it covers.
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Occupancy certificate versus completion certificate
An occupancy certificate (OC) relates to occupation of an apartment or building that has the civic infrastructure needed to live there, including water, sanitation and electricity, and is otherwise habitable. Rajasthan RERA uses this type of definition. A completion certificate (CC) generally records completion in accordance with the sanctioned plan and applicable building requirements. The document name and procedure vary by state and municipality, so do not assume that a certificate for one tower automatically covers every tower, phase or amenity.
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Random freezes, missing sound and display glitches usually trace back to one bad driver. Find and replace yours safely.Free scan · under a minuteThe promoter is responsible for obtaining the applicable completion or occupancy certificate. Request a copy, the issuing authority, the issue date and the covered building, wing, floor or phase. Check that the certificate corresponds to your agreement and allotment, not merely to an earlier phase of the development.
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Can you take possession without an occupancy certificate?
A buyer should not accept an ordinary “legal possession” arrangement on the strength of a private letter if the applicable authority has not issued the required certificate. Without the certificate, you may face uncertainty over lawful occupation, utility connections, municipal records, insurance, financing conditions and the promoter’s completion obligations. The precise legal consequence depends on the state law, the sanctioned plan and the agreement for sale, but a handover request is not a substitute for the authority’s approval.
Ask for the certificate before signing a possession or fit-out acknowledgment. If the promoter says the certificate is pending, ask for the application status and a written explanation of what occupation is being offered. Have a local property lawyer compare the certificate, sanctioned plans and agreement before you pay a final demand or move in.
When is physical possession due after the certificate?
Kerala RERA states that an allottee must take physical possession of the apartment, plot or building within two months of the occupancy certificate issued for that property. Treat this as a state-implementation rule, not an automatic nationwide deadline: the applicable state RERA authority and your registered agreement control the procedure for your project.
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The two dates that matter are the contractual possession date and the date the competent authority issued the certificate covering your property. The promoter’s offer should identify both. If the offer arrives before the certificate, ask whether it is only an inspection or a conditional handover rather than lawful physical possession.
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Inspection before signing
- Obtain the OC or CC and verify the issuing authority, date and project coverage.
- Compare the apartment number, floor, carpet area, specifications, promised fixtures, amenities and possession date with the registered agreement for sale.
- Inspect the flat and common areas in daylight. Photograph water seepage, cracks, uneven floors, damaged fittings, incomplete services and missing safety features.
- Record every issue in a dated snag or defect list. Email it to the promoter and keep delivery evidence; do not rely only on a site supervisor’s verbal assurance.
- Record electricity, water and any other meter numbers and readings, and collect all keys, access cards and remote controls listed in the handover letter.
Which documents should you collect at handover?
Keep a complete possession file in paper and searchable digital form. The handover duties described by RERA include providing necessary documents and plans after physical possession, while the agreement and local rules may require additional records.
| Document or record | What to verify |
|---|---|
| Occupancy or completion certificate | Issuing authority, issue date and coverage of your building, wing or phase |
| Registered agreement for sale | Apartment identity, carpet area, specifications, amenities, possession date and payment terms |
| Handover or possession letter | Accepted date, outstanding amount, conditions, meter details and keys delivered |
| Sanctioned and common-area plans | Layouts, access, facilities and the areas promised to allottees |
| Parking allotment record | Whether the space is open, covered or a garage; its number, area and legal description |
| Defect and snag correspondence | Dated photographs, written notices, replies and completion evidence |
| Utility and tax records | Meter readings, connection details, transfer status and the period for which charges are claimed |
Also ask how and when the association of allottees will be formed or registered. Participation in that process is part of the buyer’s handover responsibilities under the cited RERA guidance and is important for taking over common services and records.
When do maintenance charges start?
There is no single India-wide maintenance rate or universal billing start date. The registered agreement for sale, state rules and the project’s lawful handover determine the answer. Read the clauses on maintenance, common-area expenses, advance maintenance, sinking or corpus contributions, utilities, municipal taxes and the date from which each charge is calculated.
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1Repair Windows errors before they cause bigger problems2Scan for outdated or missing drivers - takes under a minute3Clear out junk files and repair common Windows errorsThe RERA Act text assigns the allottee’s contractual share of registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent and other charges to the time and place specified in the agreement. Separately, the promoter must pay project outgoings it collected until physical possession is transferred, including the listed taxes, utilities and maintenance-related liabilities. A promoter should not shift its own pre-handover liabilities to buyers merely by adding them to a demand letter.
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How to audit a maintenance demand
- Ask for an itemized statement showing the billing period, rate, area basis, taxes, utilities, advance period and any corpus or sinking-fund amount.
- Match the start date to the agreement and the actual physical-possession date. Check whether the demand includes a period when the promoter still controlled the unit or project services.
- Separate recurring maintenance from one-time deposits, meter deposits, connection fees, registration costs and municipal payments.
- Request the association’s registration status and the authority under which common services are being billed.
- Pay undisputed amounts through a traceable method while recording a written objection to any item that conflicts with the agreement or applicable rule. Obtain professional advice before withholding a contractual payment.
Do not infer a national tariff, a fixed number of free months or a standard advance period from another project. Two buildings in the same city can have different rates and billing mechanics because their agreements, facilities and association arrangements differ.
Can a builder sell open parking?
No. The Ministry of Housing and Urban Affairs’ RERA FAQ treats open parking areas as common areas that cannot be sold to an allottee as an independent saleable property. A promoter may allocate use of an open common parking area under the project’s lawful rules, but that is different from conveying ownership of a separately purchased unit.
Covered parking and garages are different
The Government of India’s buyer-rights release says the agreement for sale must disclose the number and area of a garage or covered parking space and the cost breakdown. Check the wording carefully: “covered parking,” “garage,” “stilt parking” and “open parking” can carry different legal and practical consequences under local building rules and the project documents.
| Parking question | Evidence to check |
|---|---|
| Is it open common parking? | Common-area plan, sanctioned plan, association rules and the allotment language |
| Is it a covered space or garage? | Agreement description, number, area and itemized cost |
| Does the location exist as shown? | Approved plan, site inspection and handover record |
| Can the promoter charge separately? | Agreement terms, applicable state rules and the documented legal nature of the space |
Do not rely on a salesperson’s parking map or an informal WhatsApp promise. Compare the deed, registered agreement, sanctioned plan, allotment letter and local rules together. If an “open parking sale” is bundled into the price, obtain legal advice before signing a settlement or accepting a revised allotment.
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What if possession is delayed?
Start with the possession date in the registered agreement, not the date printed on a later marketing brochure. If the promoter does not provide possession on the agreed date, Kerala RERA states that the buyer may claim interest for the delay or seek a refund of the amount paid with interest by filing a complaint with K-RERA. The Government of India’s summary of buyer rights likewise describes remedies for timely possession, compensation with interest and refund options under the RERA framework.
Build a delay claim file
- Registered agreement for sale and payment receipts.
- Promoter’s promised completion and possession dates.
- All extension requests, revised schedules and possession notices.
- Bank interest statements and documented rent or accommodation costs, if relevant to your legal advice.
- Certificate status, site photographs and evidence of incomplete common areas.
- A clear calculation of the relief requested, with the contractual and statutory basis.
Send a dated written demand first, identifying the missed date and the remedy you seek. If the matter is not resolved, use the complaint process of the state RERA authority with jurisdiction over the project. A lawyer can help determine whether to seek continued possession with delay interest or withdrawal and refund; the better remedy depends on the agreement, project status and your circumstances.
What defects can you claim after possession?
Notify the promoter promptly and in writing about every defect, even if it appears minor. Attach dated photographs, identify the apartment or common-area location, describe the effect and request a repair date. Preserve emails, registered letters, inspection reports and acknowledgments.
The Government of India release summarizes a five-year responsibility for rectifying structural defects, measured from issuance of the occupancy certificate. This protection concerns structural defects; ordinary wear, owner alterations and damage caused after handover may be treated differently. Do not wait for a structural problem to become dangerous before notifying the promoter.
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Prioritize safety-related defects
- Structural cracks, settlement, major water ingress or signs of movement.
- Unsafe electrical installations, exposed wiring or non-functioning protective systems.
- Fire-safety, lift, access or emergency systems that are incomplete or unavailable.
- Persistent plumbing, sanitation or drainage failures affecting habitability.
For a serious risk, restrict access to the affected area, notify the promoter and association immediately, and obtain an independent engineer’s or safety professional’s opinion where appropriate. Keep proof that the notice was received.
How to compare apartment handover offers
Use the same decision grid for every project or revised handover proposal. The cheapest immediate demand can become the most expensive option if the certificate is incomplete, parking rights are unclear or the common areas are not ready.
| Comparison axis | Questions to answer |
|---|---|
| Certificate status | Is there an OC or CC, and does it cover the exact building, wing or phase? |
| Timing | What is the contractual possession date, the certificate date and the actual offer date? |
| Move-in cost | What maintenance advance, utilities, taxes, registration charges and other contractual amounts are due, and for what period? |
| Parking rights | Is the allocation open common parking, covered parking or a garage, and are area and cost documented? |
| Quality evidence | What defects were recorded, when were they notified and what repair commitments are written? |
| Common-area readiness | Are promised amenities, access routes, utilities and safety systems complete and usable? |
| Handover governance | Have plans, records and association-formation information been delivered? |
Questions to ask before signing the possession form
- Which competent authority issued the certificate, and what exact area does it cover?
- Does the apartment’s carpet area, specification list and amenity schedule match the registered agreement?
- From what date, under which clause and for what period is each maintenance or utility charge calculated?
- Is the parking open, covered or a garage, and where are its number, area and cost recorded?
- Which defects remain open, who will repair them and by what written deadline?
- Which common-area plans, manuals, warranties, meter records and association documents are being delivered?
- Does signing acknowledge physical possession only, or does it also waive claims? Have a lawyer review any waiver language before you sign.
Sign only after adding your written reservations to the handover record. A key receipt should not silently become an admission that every promised item is complete.
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Verify the certificate before occupancy, tie every payment to the registered agreement and actual possession, reject any claim that open parking is a saleable private unit, and document defects from day one. Keep the certificate, agreement, plans, parking description, charge statements and dated notices together. If possession is late or the promoter demands charges that belong to the pre-handover period, use the state RERA complaint route after preserving the evidence needed to prove your claim.
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