UP RERA had received many complaints from home buyers regarding the possession letter. They said that the absence of a fixed format of the possession letter creates a lot of confusion. To eliminate this problem, UP RERA has issued a model possession letter
There is good news for home buyers in Uttar Pradesh. The real estate regulator has made the process of buying a flat more transparent. UP Real Estate Regulatory Authority (RERA) has introduced a model format of possession offer letter. In this, an attempt has been made to keep the purpose and language of the letter the same. Actually, UP RERA had received a complaint that real estate companies issue possession offer letters to flat buyers in different formats. This creates confusion.
Now before sending the possession letter, you will have to obtain an occupation certificate
UPRERA has also made another change. Under this, it will now be mandatory for real estate companies to obtain an Occupation Certificate (OC) or Completion Certificate (CC) before sending a possession offer letter to home buyers. Possession Offer Letter means a letter that a real estate company sends to a home buyer to take possession of the house. Kinjal Champaneria, partner of Solomon & Company, said, “This letter states that the developer’s obligations in the agreement to sell the house have been completed and the house is ready. The home buyer can take possession of it.”
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It must be clearly stated that construction work is pending
UP RERA had said on June 8 that the model of the offer letter for possession has been designed to end the arbitrariness of the promoters. The possession offer letter should be such that it is stated that the allottee is being invited to take possession of the house. If any construction work is pending in the house, the promoter will have to clearly state it. He will also have to tell how much time it will take to complete the remaining construction work.
Demand notice will not be considered as possession letter
If there is any liability on the allottee, it should not be outside the scope of the agreement of sale and its legal justification should be proved. Demand notice, final demand notice and offer of possession or similar language will not be considered as offer of possession letter. UP RERA has said that the model letter has been introduced for the benefit of home buyers.
Model possession letter will eliminate confusion
Experts say that UP RERA’s model possession offer letter will remove the confusion to some extent. Since it can be issued only after getting OC or CC, the home buyer will be in a better position to take possession of his house. The reason for this is that if any kind of construction work is pending in the flat, then the real estate company will have to clearly tell about it. It will also have to tell by when this work will be completed.
