Taking Possession of a New Flat in NCR: OC, Snags and RERA Rights

After years of EMIs and site visits, the email finally arrives: "Your unit is ready for possession." It is tempting to pay whatever is demanded, collect the keys and move in the same week. Slow down. The few weeks around possession are when you have the most leverage with the builder, and the paperwork you sign now decides how easily you can sell, rent or claim repairs later.

This guide walks through possession of a new flat in Delhi NCR (Noida, Greater Noida, Ghaziabad, Gurugram, Faridabad and beyond): the documents to demand, the final demand letter, a room-by-room snag list, your defect rights under RERA, and what to do if the builder is late.

This is general information, not legal advice. Your agreement for sale, the state RERA rules and the project's approvals all matter. Confirm details on the UP RERA or Haryana RERA portal, or with a lawyer, before you sign.

The documents that matter

Occupancy Certificate (OC). This is the most important document. It is issued by the local planning authority (for example the Noida or Greater Noida Authority in Gautam Buddh Nagar, or the Department of Town and Country Planning in Haryana for many Gurugram projects) and confirms that the building has been built as per sanctioned plans and is fit to occupy. Under the RERA Act, the promoter is responsible for obtaining the completion certificate or occupancy certificate, or both, as applicable under local law. Ask for a copy of the OC covering your tower. An OC for "Phase 1" does not help if you are in Phase 2. Never accept possession of a flat without an OC unless a lawyer has explained the risk and you accept it in writing.

Offer of possession letter. This should mention your unit number, the final area, the OC details, and the amounts due. Read it alongside your agreement for sale.

Final statement of account. A detailed breakup of everything you have paid and everything the builder says you still owe.

Conveyance or sale deed. Under the RERA Act, the promoter must execute a registered conveyance deed in your favour, along with your undivided share in the common areas. In the absence of a local law fixing a different timeline, Section 17 says this must be done within three months of the OC. In Noida and Greater Noida, where land is leasehold from the Authority, this is usually a tripartite sub-lease deed between the Authority, the builder and you. Until the deed is registered, you are not the recorded owner, and resale or loan top-ups get difficult.

Other papers to collect: the approved building plan, the fire NOC, lift and electrical safety certificates where applicable, the electricity connection details, the maintenance agreement, warranty cards for fittings, and "as-built" drawings for your flat showing concealed plumbing and wiring.

Our guides on checking projects with UP RERA and Haryana RERA show where to find a project's registration, approvals and quarterly updates.

Scrutinising the final demand

The final demand letter is where surprises hide. Go through it line by line against your agreement for sale and your payment plan.

• Area change. RERA requires flats to be sold on carpet area. If the builder is charging for an increase in area, ask for the revised area calculation and check it against the agreement. Check what the agreement says about permitted variation and refunds if the area has shrunk.
• Preferential location charges (PLC), car parking, club membership: are these in the original agreement, and at the agreed rates?
• Electricity and power backup charges, meter charges, and connection costs: ask for the basis.
• Interest-free maintenance security (IFMS) and advance maintenance: how many months, at what rate per sq ft, and does it match the agreement?
• GST: on which components, at what rate, and is it already included in the base price?
• Delay interest charged to you: under the RERA Act, the allottee pays interest at the prescribed rate for late payments, but the same Act requires the builder to pay you interest for its own delay. Make sure your delay compensation is adjusted in the final account.
• Holding charges or "administrative" fees: question anything not in your agreement. Charges for documentation or "legal fees" that are not contractual can be challenged.
• Stamp duty and registration: these are paid to the government at registration. Ask for the calculation, and pay through the official channel where possible. Our article on hidden costs of buying a flat in Delhi NCR lists other charges to budget for.

If something looks wrong, raise it in writing before paying. Pay undisputed amounts and keep a written record of disputed items. Section 19(10) of the RERA Act says allottees must take physical possession within two months of the OC, so do not let disputes drag on indefinitely; raise them early and escalate if needed.

The snag list: room by room

Inspect the flat before you sign the possession acceptance. Go in daylight, take a torch, a spirit level, a tape measure, a small ball (to check floor slope), a phone charger to test sockets, and a bucket of water. Photograph everything with dates.

Entrance and living room

• Main door: alignment, lock, peephole, door closer, gaps at the bottom
• Walls: cracks, damp patches, uneven plaster, paint finish
• Floor tiles: hollow sound when tapped, chipped edges, uneven joints, slope
• Switchboards: every switch and socket working, earthing, MCB labelling
• Windows: sliding smoothly, locks, glass without cracks, sealant intact

Kitchen

• Platform level and fixed firmly, sink draining properly with no leaks underneath
• Tiles behind the platform properly grouted
• Exhaust and chimney point, gas pipeline (if provided) pressure-tested
• Water pressure from hot and cold taps

Bathrooms

• Fill the floor with water and check it drains fully to the outlet with no pooling
• Look for seepage on the walls of adjoining rooms and in the ceiling of the flat below if you can access it
• Flush, health faucet, geyser point, exhaust fan, mirror and fittings
• Waterproofing: ask for the warranty

Bedrooms

• Wardrobe doors and shutters, if supplied
• AC points, copper piping provisions, drain outlets
• Window grills, and safety on higher floors

Balcony and utility

• Slope towards the drain, railing height and strength, waterproofing
• Washing machine point with inlet and outlet

Electricals and plumbing overall

• Main distribution board, ELCB or RCCB tripping when tested
• Electricity meter in your name and correct load sanctioned
• Water meter, overhead tank supply, any rust in water

Common areas

• Lifts working with valid certificates, fire fighting system, staircases and fire exits clear
• Parking slot allotted as per agreement, marked and accessible
• Promised amenities (clubhouse, pool, gym, power backup) actually delivered

Give the builder a signed, dated snag list and get an acknowledgement. Accept possession only after major items are fixed, or with the pending list attached to the possession letter.

Your defect rights under RERA

Section 14(3) of the RERA Act is a strong protection. If any structural defect, or any other defect in workmanship, quality or provision of services, or any other obligation of the promoter under the agreement for sale, is brought to the builder's notice within five years from the date of handing over possession, the builder must fix it without further charge within 30 days. If it fails to do so, you are entitled to appropriate compensation under the Act.

A few practical points:

• Report defects in writing (email plus a letter), with photos, and keep proof of delivery. The five-year clock runs from possession, and RERA authorities have rejected complaints filed after it expired.
• The Act does not define "structural defect" in detail, so builders sometimes argue that seepage or cracks are cosmetic. Document how the problem affects use of the flat.
• If the builder does not respond, file a complaint with UP RERA (for Noida, Greater Noida, Ghaziabad) or Haryana RERA (Gurugram has its own authority; check the portal for which authority covers your district, such as Faridabad).

If the builder delays possession

Section 18 of the RERA Act gives you two main choices if the builder fails to deliver by the date in your agreement:

• Withdraw from the project and claim a refund of the amount paid with interest at the prescribed rate, plus compensation as provided under the Act.
• Stay in the project and claim interest for every month of delay until possession is handed over.

The interest rate is set in the state RERA rules, so check the current figure on the UP or Haryana RERA site. Practical steps:

• Check the project's RERA page for the declared completion date and any extensions.
• Write formally to the builder citing the agreement and Section 18.
• Join or form a buyers' association; collective complaints often move faster.
• File a complaint with the state RERA authority. Consumer commissions are another forum lawyers sometimes use.
• In Noida and Greater Noida, check whether your project is covered by the UP government's package for legacy stalled projects, based on the Amitabh Kant committee recommendations announced in December 2023, which aimed to speed up registries for buyers. ThePrint reported in December 2024 that registries were still slow because the package tied them to developers clearing a share of their dues, so ask the Authority about your specific project.

Possession is the last moment you can negotiate from strength. Use it. Planning your next move, or ready to rent out the new flat? Browse or list free on 6X Properties under property in Noida or property in Gurugram.

Sources

• The Real Estate (Regulation and Development) Act, 2016, full text including Sections 2(zf), 11, 14, 17, 18 and 19 (Indian Kanoon)
• UP RERA official portal (Uttar Pradesh Real Estate Regulatory Authority)
• Haryana RERA official portal (Haryana Real Estate Regulatory Authority)
• MahaRERA grants relief to society and homebuyer, directs builder to rectify structural defects that emerged after possession (LiveLaw)
• Himachal RERA rejects homebuyer's structural defect complaint filed more than 10 years after taking possession (LiveLaw)
• Noida, Greater Noida home buyers struggle for registry (ThePrint, 17 December 2024)