Granting possession of a flat without completion and firefighting clearance certificates ‘illegal’: SC
6 months, 3 weeks ago

Granting possession of a flat without completion and firefighting clearance certificates ‘illegal’: SC

Hindustan Times  

In a move that would help homebuyers, the Supreme Court has said that if a real estate developer offers possession of a flat to a buyer without completion and firefighting clearance certificates, it would not only be illegal but would amount to deficiency in service under the Consumer Protection Act. Supreme Court deems granting possession of a flat without completion and firefighting clearance certificates ‘illegal’ The SC order, said legal experts, will help settle the issue in favour of the home buyer by making the developer responsible and duty bound to obtain necessary certificates such as occupancy and/or completion certificate and firefighting clearance certificate before offering possession of a flat to a home buyer. Here’s what the order states The Supreme Court in its recent order in the case of Dharmendra Sharma v. Agra Development Authority, has categorically held that, an offer made by a real estate developer to a home buyer to take possession of a flat without obtaining completion certificate and firefighting clearance certificate would not be considered to be valid. Supreme Court order to help buyers of projects that commenced before RERA However, for matters which are pending in various consumer forums in respect of projects which commenced and completed before the advent of the RERA regime, the recent order of the Supreme Court along with its earlier decisions as mentioned above, will help settle the issue in favour of the home buyer by making the developer squarely responsible and duty bound to obtain necessary certificates such as occupancy and/or completion certificate and firefighting clearance certificate before offering possession of a flat to a home buyer, said Banerjee.

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History of this topic

Delhi-NCR real estate: Here's why developers and buyers have objected to UP RERA’s model format for possession letters
9 months, 3 weeks ago

Delhi-NCR real estate: Here's why developers and buyers have objected to UP RERA’s model format for possession letters

Hindustan Times  

The Uttar Pradesh Real Estate Regulatory Authority has said that developers can issue possession letters to homebuyers only after they have received the occupancy certificates from the development authorities. UPRERA has said that real estate developers can issue possession letters to homebuyers only after they have received the occupancy certificates from the development authorities Real estate developers and homebuyers have …

Homebuyers hail SC order making completion certificates mandatory for builders
2 years, 1 month ago

Homebuyers hail SC order making completion certificates mandatory for builders

Hindustan Times  

Flat owners in Noida and Greater Noida on Friday welcomed a Supreme Court order, which held that a builder of a housing complex is legally bound to obtain completion certificate even if the homebuyer was given possession without that mandatory legal document, and said there are about 100 cases wherein possession was offered by the developer without obtaining completion certificate, …

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