Lucknow: The Uttar Pradesh Real Estate Regulatory Authority (UP RERA) has issued a fresh advisory to educate homebuyers about their legal rights concerning Occupancy Certificates (OC), Completion Certificates (CC), possession of properties and the execution of conveyance deeds. The initiative aims to enhance transparency in the real estate sector while ensuring that developers comply with statutory obligations under the Real Estate (Regulation and Development) Act, 2016.
According to UP RERA, promoters are legally required to hand over possession of a unit and execute the conveyance deed within three months of obtaining the Completion Certificate or Occupancy Certificate from the competent authority. However, the Authority has prescribed a stricter timeline, directing promoters to issue a written Offer of Possession within two months of receiving the OC or CC. The offer must be communicated to the allottee through registered email and post, while copies of the OC or CC should also be displayed at the developer’s Customer Relationship Management (CRM) office.
The Authority clarified that communications titled “Final Demand Notice” or any similarly worded correspondence cannot be treated as a valid Offer of Possession. Developers must explicitly issue a letter titled “Offer of Possession”, clearly informing buyers that they are invited to take possession of their property after the issuance of the Occupancy or Completion Certificate. Failure to follow the prescribed format could attract regulatory action.
UP RERA also reminded homebuyers that once a valid Offer of Possession has been issued, they are responsible for taking physical possession of their apartment, plot or building within the stipulated time and completing the execution and registration of the conveyance deed in accordance with the law.
Addressing partial project approvals, the Authority stated that where only part of a project receives a Completion or Occupancy Certificate, the competent authority must clearly specify the towers, blocks, phases or plots covered under the certificate. This measure is intended to eliminate confusion regarding the completion status of individual units and projects.
UP RERA further observed that some authorities had been issuing temporary or provisional Completion and Occupancy Certificates for limited periods. It clarified that such practices are not legally permissible and directed competent authorities to discontinue them to safeguard the interests of homebuyers.
The Authority also reiterated provisions relating to deemed Occupancy Certificates and deemed Completion Certificates applicable in projects under the Noida, Greater Noida and Yamuna Expressway Industrial Development Authority (YEIDA), wherever permitted by the relevant regulations. The clarification is expected to provide greater legal certainty and protection to homebuyers in these regions.
In its concluding advisory, UP RERA urged homebuyers to ensure they receive a proper Offer of Possession issued after the grant of the Occupancy or Completion Certificate, rather than relying solely on a demand notice from the promoter. The Authority said these measures are designed to strengthen transparency, improve regulatory compliance and ensure that possession of properties is handed over strictly in accordance with the law.
