Home / Business and Economy / HP RERA: Occupy Flat, Pay Dues; Builders Justify Costs
HP RERA: Occupy Flat, Pay Dues; Builders Justify Costs
2 Jun
Summary
- Homeowners must pay maintenance even without an occupation certificate.
- Builders must obtain pending approvals within three months.
- Maintenance charges must be reasonable, transparent, and backed by evidence.
Homebuyers in Himachal Pradesh who are occupying their flats are obligated to pay maintenance charges, even if the project has not yet received an occupation certificate (OC) or completion certificate (CC). This decision comes from the Himachal Pradesh Real Estate Regulatory Authority (HP RERA), which addressed a dispute where a builder sought significant maintenance dues from a homeowner in a property lacking statutory approvals.
The authority emphasized that homeowners enjoying possession and utilizing common services cannot entirely refuse maintenance liability. Simultaneously, HP RERA directed the builder to obtain the pending OC and CC within a three-month period. This ruling reinforces the principle that occupying a property incurs a responsibility to contribute to the upkeep of essential services like security and water supply.
Furthermore, the order clarifies that builders must justify all maintenance charges with supporting evidence, such as detailed expenditure statements and vendor invoices. Arbitrary, excessive, or unsupported demands, or charges for unprovided facilities, can be challenged by homebuyers. Coercive recovery methods, like disconnecting essential services, are also prohibited.
