Taking the keys or fit-out possession is not the same as legally permitted occupancy. Whether an Occupancy/Completion Certificate is required, and the project’s approved status, should be checked under the applicable local law.
Understand the law and process
An OC may be an important document relating to the use of a building and compliance. Some projects provide for phased or part occupancy, so check the status of the project as a whole and of your tower/unit separately. A builder saying that an ‘application has been filed’ is not the same as the certificate having been issued. Pending approvals may have practical consequences for utilities, safety, insurance and future resale. The question of the buyer’s payment obligations and compensation for delay will be determined by the agreement and applicable law; stopping every payment without advice is not automatically a safe step.
Further details: what could change the outcome?
Read any no-claim, full-and-final or delay-waiver clauses in the possession letter. Keep taking a key only for inspection separate, in the documents, from accepting final possession. Prepare a snag list and obtain a rectification timeline from the builder. Verify the approval status on the RERA portal and with the municipal authority; do not rely solely on a screenshot forwarded by a broker.
What should you do?
- Obtain authenticated information about the OC/CC and sanctioned status of your tower/unit.
- Set out the conditions in the possession offer and any pending safety or utility issues in writing.
- If a dispute arises, assess whether a remedy under RERA or consumer law is suitable, along with the agreement.
Which documents should you keep?
Keep the agreement, possession offer, approvals, snag report, payment records and the builder’s replies.
Hypothetical example
The first tower in a project received a part OC, but the buyer’s flat was in another tower. It may be incorrect to assume that occupancy of your unit is approved merely because the project’s name appears on the certificate.
Does having an electricity connection mean that an OC is no longer required?
Not necessarily. A utility connection and municipal occupancy approval may be separate questions.
Sources and related rules
- Real Estate (Regulation and Development) Act, 2016 — updated as of 15 May 2026
- MoHUA — RERA Frequently Asked Questions, July 2025
- Consumer Protection Act, 2019 — complaints, unfair trade practices and remedies
Editorial review: 26 October 2026. This is general legal information. The outcome may vary depending on the facts of the case, applicable state law and subsequent amendments.