H014🏠 Housing & PropertyReply draft
Builder not giving Occupancy Certificate (OC)
What you need to know
OC is mandatory before possession. Possession without OC is illegal — flat cannot be legally occupied, sold or mortgaged. Builder must obtain and provide OC before handover.
Your rights
1
Refuse possession without Occupancy Certificate
2
Demand OC before final payment
3
RERA complaint for possession without OC
4
Refund if possession without OC is forced
What you should do now
Action first1
Do not take possession — demand OC first
- Refuse to sign possession letter or pay final instalment until OC is produced
- Ask builder in writing to provide OC — document their response
2
If builder pressures
- File RERA complaint — handing over possession without OC is itself a RERA violation
Acts applicable
Real Estate (Regulation and Development) Act 2016
centralSection 17 — Transfer of title with OC
Gujarat Municipalities Act
gujaratOccupancy Certificate requirements
Where to complain
Consumer complaint portal: e-jagriti.gov.in (replaced edaakhil.nic.in as of Jan 2025). Labour complaints: col.gujarat.gov.in. All links verified June 2026 via web search against official government sources.