Property and RERA

Builder Got OC But Won't Hand Over Possession? Action Plan

You have paid almost everything, the project has its occupancy certificate, and yet the builder keeps stalling on your keys, your possession letter, and your documents. This guide explains what handover you are owed, how to demand it in writing, and how to use RERA and the consumer forum to force the builder to deliver your flat.

Last reviewed: 29 May 2026 · Practical action guide · India · By the Right to Information Wiki editorial team

Quick answer

Once the occupancy certificate (OC) is issued and you have paid the price agreed in your agreement for sale, the builder must hand over possession, the keys, a possession letter, and your document set. Reconcile any genuine balance dues, then send a dated demand-and-possession letter offering to pay the real balance against a receipt. If the builder still refuses or invents new charges, file a complaint before your state RERA for a registered project, and consider the consumer forum for compensation. RTI helps you confirm the OC and sanctioned plan, but it cannot force handover.

Who this guide is for

This guide is for home buyers in India whose project has received its occupancy certificate from the local municipal or planning authority, but whose builder still refuses to complete handover. You are in the right place if any of the following describes you:

The builder confirms the OC is in hand, yet keeps delaying your possession date with vague reasons.
You are being asked to pay fresh charges or a large maintenance advance that does not appear in your agreement for sale.
The builder will give keys but refuses to give a possession letter or a copy of the OC and other documents.
You want to take possession but the flat has construction defects and you are unsure how to protect your snag-list rights.
You suspect the OC may not be genuine and want to verify it against the authority's own records.

This guide is distinct from the situation where a builder refuses to execute the conveyance deed or form your society after handover. If that is your problem, see the companion guide on a builder not executing the conveyance deed or forming the society. Here we deal only with the stage where the OC exists but the keys, possession letter, and handover documents are being withheld.

Property law, stamp duty, and the exact handover process vary by state and by the wording of your own agreement. Where the stakes are high, take advice from a qualified property lawyer before you sign anything or pay any disputed amount.

What you can do this weekend

Friday evening

Pull out your full file. Find your allotment letter, your agreement for sale, every payment receipt, and every demand letter the builder has sent. Lay them in date order. Read the clauses on the possession date, the documents to be handed over, and the maintenance and deposit charges.

Write down two numbers from your agreement: the total agreed consideration, and how much you have already paid. The gap is your genuine balance. Anything the builder demands beyond that gap is a charge you should scrutinise carefully before paying.

Send the builder a short written message (email or app) asking three things: a fixed possession date, a copy of the OC with its number, and the list of documents you will receive at handover. Keep this message as the start of your paper trail.

Saturday

Reconcile the builder's final demand letter line by line against your agreement. Tick each charge that is part of your agreed price. Flag any new item, any inflated maintenance advance, and any charge with no clause behind it. These flagged items are your maintenance-advance dispute and your negotiating points.

Prepare a clear two-column note: "Dues I accept" and "Dues I dispute, with reasons". This single page will anchor your demand letter and any later complaint. Keep it factual and dated.

Verify the OC. Ask the builder for a readable copy with the reference number and date. If the local authority has an online building-approval search, check the project there. If not, note that you can file an RTI with the municipal or planning authority to confirm the OC and sanctioned plan, covered in the RTI section below.

Sunday

Draft your demand-and-possession letter using the template in this guide. State that you are ready to pay the genuine balance against a proper receipt, and demand the keys, the possession letter, the OC copy, and the full document set within a reasonable deadline.

Prepare a blank snag list template so you can record defects on the day you inspect the flat. Photographs with date stamps are your best evidence. Decide who from your family will inspect with you.

Get your file ready for the RERA or consumer route in case the builder still refuses. Scan everything into one folder, named clearly. If your stakes are high, line up a property lawyer for a short paid consultation early next week.

Documents and evidence checklist

Document	What it proves	Where to get it
Allotment letter	The builder allotted this specific unit to you	Your file / builder's office
Agreement for sale (stamped and registered)	Agreed price, possession date, and handover obligations	Your file / sub-registrar's office
All payment receipts and bank proof	How much of the agreed price you have actually paid	Your records / your bank statements
Builder's demand letters (including final demand)	What the builder is asking for and any disputed extra charges	Builder's emails, letters, or buyer portal
Occupancy certificate (OC) copy	The project is legally fit for occupation	Builder; verify with municipal / planning authority
Completion certificate (where applicable)	Construction completed per the sanctioned plan	Builder; local authority records
Sanctioned / approved building plan	Approved layout, common areas, and your unit dimensions	Builder; municipal / planning authority (RTI if refused)
Possession letter	Formal handover of your unit on a dated basis	Builder, at handover (insist on it in writing)
Final statement of account	Reconciles total dues, payments, and balance	Builder; check against your own reconciliation
Snag list with dated photographs	Defects pending at the time you took possession	Prepared by you at inspection, acknowledged by builder
RERA project registration details	The project is registered and the builder's declared timelines	Your state RERA website (project search)

Step-by-step action plan

Step 1 — Confirm the OC and collect your paperwork

Ask the builder in writing for a clear copy of the occupancy certificate and, where your state requires it, the completion certificate. Gather your allotment letter, the registered agreement for sale, all payment receipts and bank proof, and every demand letter. Keep originals safe and work from scanned copies. This is the evidence base for everything that follows, so be thorough.

Step 2 — Reconcile the final dues in writing

Compare the builder's final demand against your agreement for sale, charge by charge. Separate genuine agreed dues from new or inflated items such as an unexplained maintenance advance. The builder can lawfully insist on the balance of your agreed price, but cannot keep adding charges to delay handover. Put your acceptance of the genuine balance and your objection to disputed items in a single dated note.

Step 3 — Send a formal demand-and-possession letter

Send a dated letter and email demanding the keys, the possession letter, a copy of the OC, and your full document set within a reasonable deadline. Clearly offer to pay the genuine agreed balance against a proper receipt. Use registered post or email with delivery proof, and keep every acknowledgement. The companion guide on complaining when a builder is not handing over covers how to frame this demand and escalate it.

Step 4 — Inspect and take possession under protest if needed

If the builder offers possession but the flat has defects or documents are missing, do not walk away. Accept the keys to secure your right to occupy, but prepare a dated snag list with photographs and hand a copy to the builder against acknowledgement. If you sign a possession letter, add a clear note that possession is accepted "subject to the attached snag list and pending documents". This protects your repair rights without surrendering your flat.

Step 5 — Verify the OC and sanctioned plan independently

Match the OC number, project name, and survey or plot details against the municipal or planning authority's records. Many authorities now publish building approvals online. Where they do not, an RTI to the local authority can confirm whether an OC was actually granted and obtain the sanctioned plan. The companion guide on the occupancy certificate process for builders and buyers explains who issues an OC and what it covers.

Step 6 — File a RERA complaint for a registered project

If the builder still refuses, and your project is registered, file a complaint before your state RERA seeking directions for possession, handover of documents, and any compensation for delay. RERA is the focused forum for builder obligations like timely possession. Our step-by-step guide on filing a RERA complaint in 2026 walks through the portal, the fee, and the format. For projects already delayed past the promised date, see builder delay in flat possession and the RERA complaint route.

Step 7 — Pursue execution or the consumer forum for recovery

If RERA passes an order and the builder does not comply, you can move to enforce it. The guide on a RERA order the builder is not complying with, and execution and recovery covers that stage. Separately, the consumer commission can address deficiency in service and award compensation. Avoid filing the same dispute in two forums at once, and take legal advice on which route fits your facts.

Step 8 — Keep paying genuine dues and stay on the record

Throughout the dispute, keep paying any genuinely agreed balance, statutory dues, and society or maintenance charges that are clearly owed, under protest where needed, against receipts. Do not stop responding to the builder. A buyer who is current on genuine obligations and has a clean paper trail is in the strongest position before any authority.

Escalation ladder

Stage	Action	Forum / Destination	Target timeline
1	Written demand for possession, keys, possession letter, OC copy and documents	Builder / developer (email and registered post)	Reasonable deadline you set (for example, 15 days)
2	Inspect and take possession under protest with a dated snag list	At the project site, copy acknowledged by builder	On the offered handover date
3	RTI for OC and sanctioned plan; verify against authority records	PIO, municipal / planning authority for the project area	Usually 30 days under the RTI Act
4	File complaint seeking possession, documents and compensation	State Real Estate Regulatory Authority (RERA), for a registered project	As per your state RERA's process
5	Consumer complaint for deficiency in service and compensation	District / State / National Consumer Disputes Redressal Commission	As per the consumer forum's process
6	Execution and recovery if a RERA order is not complied with	RERA adjudicating / execution wing; legal advice recommended	After the order's compliance period lapses

Copy-paste complaint template

Use this as a demand-and-possession letter to the builder. Replace the text in square brackets with your own details before sending.

To, [Name of Builder / Developer Company] [Registered Office Address] Date: [DD/MM/YYYY] Subject: Demand for possession, keys, possession letter and handover documents for Unit [Flat/Unit No.], [Project Name], despite issuance of the Occupancy Certificate Dear Sir / Madam, 1. I am [Your Name], the allottee of Unit [Flat/Unit No.] in [Project Name], [Project Address], booked vide Allotment Letter dated [DD/MM/YYYY] and Agreement for Sale dated [DD/MM/YYYY]. 2. I understand that the Occupancy Certificate for the project has been issued by [Name of Municipal / Planning Authority] vide reference [OC No., if known] dated [DD/MM/YYYY]. Despite this, possession of my unit, the keys, the possession letter and the handover documents have not been given to me. 3. As per my records, against the total agreed consideration of Rs [Amount], I have already paid Rs [Amount] (proof enclosed). I am ready and willing to pay the genuine agreed balance of Rs [Amount] immediately against a proper receipt. 4. I dispute the following additional charge(s), which do not form part of my Agreement for Sale and for which no basis has been shown: a. [Disputed charge, e.g., excess maintenance advance], Rs [Amount]. [Add rows as needed.] 5. I therefore call upon you to, within [number] days of this letter: (a) Hand over physical possession of Unit [Flat/Unit No.] and the keys; (b) Issue a Possession Letter dated as of the actual handover; (c) Provide a clear copy of the Occupancy Certificate and, where applicable, the Completion Certificate; (d) Provide the final statement of account, the sanctioned plan, and details of common areas and amenities. 6. I record that possession, when taken, will be subject to a written snag list of pending defects, without prejudice to my rights during the defect-liability period. 7. Please treat this as a final opportunity. Failing compliance, I will be constrained to approach the appropriate authority, including the Real Estate Regulatory Authority and/or the Consumer Disputes Redressal Commission, for directions and compensation, at your risk as to cost and consequence. Yours faithfully, [Your Full Name] [Unit No., Project Name] [Mobile Number] [Email Address] Enclosures: A — Allotment Letter dated [DD/MM/YYYY] B — Agreement for Sale dated [DD/MM/YYYY] C — Payment receipts and bank proof D — Builder's demand letter(s) E — Copy of correspondence requesting possession and documents

When RTI can help

The Right to Information Act, 2005 applies to public authorities, which includes municipal corporations, development authorities, and planning authorities that grant occupancy and completion certificates and sanction building plans. RTI is a strong evidence-gathering tool in a possession dispute in these specific situations:

Confirming the occupancy certificate exists: File an RTI with the relevant municipal or planning authority asking whether an OC was granted for the project, the date and reference number, and a certified copy. This tells you whether the builder's OC is genuine and traceable in official records.
Getting the sanctioned plan and approvals: Ask for a copy of the sanctioned building plan, the completion certificate where applicable, and the approval conditions. This helps you check common areas, amenities, and whether construction matches what was approved.
Reviewing public RERA filings: Project registration details, declared timelines, and many filings made by the promoter to your state RERA are largely public. You can usually view these on the RERA project-search page, and you can use the authority's information channels to obtain more.

To file an RTI, see our step-by-step RTI filing guide. The CPIO or PIO of the public authority must normally respond within 30 days. If your application is ignored or wrongly refused, our guide on filing a first appeal under RTI Section 19 explains the next step. For deeper strategies on using RTI in regulatory and property disputes, see The RTI Playbook. You can also combine RTI with grievance redressal as explained in our CPGRAMS and RTI guide.

When RTI will not help

RTI has clear limits when the other side is a private builder:

RTI cannot force handover: RTI only gets you information from a public authority. It cannot direct a private builder to give you keys, a possession letter, or documents. To compel handover you must use RERA or the consumer forum.
The builder's private records are out of scope: A private developer is generally not a public authority, so its internal accounts, sale agreements with other buyers, and private correspondence are not directly accessible through RTI. Use the discovery and disclosure processes of RERA or the consumer commission instead.
RTI does not award compensation: Only RERA or the consumer commission can direct possession, refund, interest, or compensation. Treat RTI as the tool that strengthens your case before those forums, not as a remedy in itself.

Common mistakes to avoid

Paying every new charge just to get the keys: Pay the genuine agreed balance, but do not silently pay invented charges or an inflated maintenance advance. Pay disputed amounts only under written protest, against a receipt, and reserve your right to recover them.
Taking keys without a snag list: If you accept possession without recording defects in writing, the builder may later deny they existed. Always prepare a dated snag list with photographs and get it acknowledged.
Signing an unconditional possession letter: Add a line that possession is "subject to the attached snag list and pending documents". An unconditional signature can be read as accepting the flat as defect-free.
Not insisting on the document set: Keys alone are not enough. Insist in writing on the possession letter, the OC copy, the completion certificate where applicable, the final account, and the sanctioned plan. Record in writing anything not provided.
Assuming the OC is genuine without checking: Verify the OC against the authority's own records, by online search or RTI. A handover on a non-existent or defective OC creates serious future problems for resale and loans.
Filing in two forums at once: Running the same dispute in both RERA and the consumer commission simultaneously can backfire. Choose the right forum for your facts and take legal advice before filing.
Losing the paper trail: Verbal promises from a site manager are worthless in a dispute. Put every demand and every offer in writing, by email or registered post, and keep delivery proof.

For the related stage where a builder refuses the conveyance deed or to form your society after possession, see our guide on conveyance deed and society formation.

Frequently asked questions

Can the builder withhold possession after getting the occupancy certificate?

Once the occupancy certificate is issued and you have paid the agreed consideration, the builder is generally obliged to hand over possession on the date promised in your agreement for sale. The builder can lawfully insist only on genuine balance dues that are part of your agreed price. The builder cannot keep adding new charges or hold your keys hostage over disputed maintenance advances or arbitrary demands. If they refuse, RERA and the consumer forum can direct handover.

What documents should the builder hand over at possession?

At handover you should receive a possession letter, a copy of the occupancy certificate, the completion certificate where applicable, your stamped allotment letter and agreement for sale, the final demand and payment statement, the approved or sanctioned plan, and details of the common areas and amenities. Keep the original keys handover acknowledgement and a dated snag list of defects. Ask in writing for anything not provided and keep proof of the request.

Is a RERA complaint or a consumer complaint better when a builder refuses handover?

For a registered real estate project, RERA is usually the faster and more focused route because the authority deals specifically with builder obligations like timely possession and document handover. The consumer commission is useful for deficiency in service and compensation, and you can sometimes choose either forum. Avoid filing the same dispute in two forums at once. If your project is not registered with RERA, the consumer route may be your main option. Take legal advice for your facts.

Can the builder demand a large maintenance advance before giving keys?

A builder can collect reasonable maintenance and a maintenance deposit only as provided in your agreement and as permitted by your state's rules. The builder cannot invent fresh charges at the last minute or hold possession hostage over a disputed amount. Pay any genuine agreed dues under protest with a written note if needed, get a receipt, and challenge any excess demand before RERA or the consumer forum. Keep every demand letter and receipt.

Should I sign the possession letter if there are construction defects?

Take possession to protect your right to occupy, but record every defect in writing first. Prepare a dated snag list with photographs and hand a copy to the builder against acknowledgement. If you sign a possession letter, add a clear note that possession is accepted subject to the attached snag list of pending defects. This protects your right to claim repairs under the defect-liability period without giving up your keys.

Can I use RTI to force the builder to hand over my flat?

No. RTI is a tool to get information from public authorities, not a tool to compel a private builder to do anything. RTI can confirm whether the occupancy certificate and sanctioned plan exist in municipal records, and RERA filings are largely public. To actually force handover you must use RERA or the consumer forum. Use RTI to build evidence, not as a substitute for those remedies.

How do I confirm the occupancy certificate is genuine?

Ask the builder for a clear copy of the occupancy certificate with its reference number and date. Then verify it against the municipal or planning authority's records, either through their online building-approval portal where available or by filing an RTI application with the local authority asking whether an OC was granted for the project. Match the certificate number, project name, and survey or plot details. A genuine OC should be traceable in the authority's own records.