The challenge facing the home buyer

May 2025

Over the years, what I have seen in terms of buildings which get delayed, Occupation Certificate or partial O.C. is that home buyers in such a scenario tend to be in a ‘no-win’ situation. They do not want to break any norms or regulations, but they also face a practical challenge when the building is complete but has partial O.C. or is yet to get the O.C

Yes, it is true that taking possession of a property with part O.C. or awaiting the O.C. is not legal. And the occupant may face consequences if the authorities decide to go by the rule book.

It is easy to look at others and find fault, but if we place ourselves in the situation which some home buyers find themselves in - have bought their first dream home after a lot of hurdles, risks, sacrifice, investment of their life etc, and then they find that some technical issue has resulted in the O.C. being delayed. Or a part O.C. being issued.

The problems that one needs to keep in such scenarios:

• Delays in possession are not always the Builders’ fault there are aspects like policy changes during the project completion at times some projects are stalled.
• The loan outgoing / pre-EMI for that home purchaser has started.
• Source of income is either stopped due to job loss or no business and on the other side there is a sharp increase in cost of living.
• Day to day family expenses, Be it schools, hospitals, mode of transportation prices of everything have shot up.
• Paying both, pre-EMI and Rent is not always possible for a purchaser who feels that due to the technical/ official aspects, he/ she has to wait beyond the scheduled possession date.

In such a situation, the home buyer tends to opt for taking possession for interior work – and then, move in to be saved of paying pre-EMI and rentals at the same time, to give just one example. Each family has its own share of challenges, not everyone can wait for the authorities to do the needful - and this is the unfortunate option that some home buyers tend to opt for. Legally wrong, no questions there. But from the family’s perspective, do they always have this choice – of going by the rule book, given the challenges they face?

~ Mr.Lawrence Shetty
Past President, Thane Estate Agents Association

Source: Thane Realty News

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