Occupancy and completion certificate in India

What each certificate says

• Completion certificate: the real estate project “has been developed according to the sanctioned plan, layout plan and specifications, as approved by the competent authority under the local laws” (RERA s. 2(q)).
• Occupancy certificate: permits “occupation of any building, as provided under local laws, which has provision for civic infrastructure such as water, sanitation and electricity” (s. 2(zf)).

The MoHUA FAQ explains the split: the OC relates to occupation of the apartment or building; the CC to the completion of the entire project against the sanctioned plan. Where a state issues only one certificate covering both aspects, “it would suffice the requirements under the Act” (FAQ Q13-14).

Why it matters to a buyer

• Possession and conveyance. Where there is no local law, the promoter must execute the registered conveyance deed within three months of the OC, and hand over the documents and plans to the association within thirty days (RERA s. 17). See agreement for sale and sale deed.
• GST. GST at the under-construction rate does not apply where the entire consideration is received after the completion certificate, where required, or after first occupation, whichever is earlier (Notification 03/2019-CT(Rate)). See GST on under-construction property.
• Building rules. In Kerala, an owner must “obtain an occupancy certificate from the Secretary prior to any occupancy of the building” (Kerala Municipality Building Rules 2019, rule 17). Rules on water, sewer and power connections for a building without an OC are local: check your own municipality’s building bye-laws.

How it is obtained (examples, because it is local)

Other states and cities have their own processes. A common point is that the promoter or owner applies; the buyer’s job is to ask for the certificate and read it.

What to check on the paper

1. The issuing authority is the competent local authority, and the date is before your possession.
2. The project or building details match your agreement: address, plot, tower or wing, number of floors.
3. It covers your unit and floor, not only part of the project (a part OC may cover only certain blocks).
4. The sanctioned plan number matches the plan in your agreement.
5. Any conditions or deviations noted, such as compounded deviations.
6. The project’s RERA page and the promoter’s declaration of approvals: see RERA registration check.

If there is no certificate

You can still be handed possession, but you carry the risk. Ask in writing when the certificate is expected, what the agreement says about possession without it, and whether the delay counts as a delay under s. 18 of RERA (refund with interest or interest for each month of delay). The consequences of occupying without an OC (fines, refusal of connections) depend on the local rules, and no single national statement was found in the official sources reviewed; ask your municipality.

Which professional to consult

An architect to compare the building with the sanctioned plan and the certificate: see architects. A property lawyer (advocate) enrolled with the State Bar Council to read the possession clause.