In what has come as a huge relief to homebuyers, Noida Authority has issued a strict warning to builders that it would take legal action against those who give possession of flats without obtaining occupancy certificates (OC).
Some builders have earlier given the keys of the flats to buyers even when the project was incomplete, though the flat has been ready.
In a strongly-worded letter, Pramod Kumar Aggarwal, the acting CEO of Noida Authority, has warned builders that the Authority has come to know that some of them are giving “Fit-Out Possession” to flat buyers without obtaining occupancy certificate from the Authority. Fit-Out Possession means that the flat is ready but the building or the project may yet not be complete. The letter also said that if the Authority came to know that builders are giving possession in violation of UP Apartment Act 2010 and UP Apartment Rules 2011, the Authority would not hesitate in initiating legal action against the violators.
According to the UP Apartment Act 2010 and the UP Apartment Rules 2011, no builder can give possession of flats without obtaining a completion and occupancy certificate. The Authority issues a completion certificate to a particular building after checking the sanctioned layout plan. Similarly it issues an occupancy certificate after examining that the project is fit for occupancy. A thorough inspection of the building, which covers structural safety, lifts, fire safety, electrical installations etc., is done by the Authority.
Aggarwal said, “While issuing occupancy or completion certificate, the Authority examines security aspects of the buildings. Officers from different departments of the Authority conduct site inspection. These departments issue them certificates if the buildings comply with safety standards. So, we want to inform the buyers that before taking possession of their flat, they must check with the Authority if the builder has been issued the necessary certificates.”
The move came after the Authority noticed that some builders were giving possession to homebuyers by issuing a vague Fit-Out Possession. According to some builders, it means that the flat is “ready to move (in)” and that the building may lack some basic infrastructure such as fire safety system, lifts etc. or an environment clearance.
Minoo Bhagwagar, a resident of Eldeco Utopia, a residential society in Sector 93A, said that this is a welcome step by the Authority and a big relief for buyers. “It will also reduce the sufferings of desperate buyers who want to move in their flats as soon as possible. Builders take advantage of this and hand over the flat without basic infrastructures. We hope that officers of Noida Authority will follow the steps before issuing the mandatory certificates.”