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--- practical-guides:builder-demanding-maintenance-before-possession-oc [2026/06/05 04:00] – created - external edit 127.0.0.1
+++ practical-guides:builder-demanding-maintenance-before-possession-oc [2026/06/12 12:37] (current) – Batch 2 rewrite: answer-first, topic-specific content and metadata Shrawan Pathak
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-{{htmlmetatags>metatag-title=(Builder Demanding Maintenance Before Possession or OC?)&metatag-description=(Builder asking for maintenance charges before giving possession or getting the OC? Here is how to respond, what to pay, and how to escalate to RERA. India 2026.)&metatag-keywords=(builder maintenance, occupancy certificate, possession, RERA complaint, home buyer, property handover)&metatag-robots=(index,follow)&metatag-og:title=(Builder Demanding Maintenance Before Possession or OC?)&metatag-og:description=(Builder asking for maintenance charges before giving possession or getting the OC? Here is how to respond, what to pay, and how to escalate to RERA. India 2026.)&metatag-og:type=(article)}}
+{{htmlmetatags>metatag-title=(Maintenance Before Possession or OC: What a Builder Can Charge, and When)&metatag-description=(Builder demanding maintenance before the OC or possession? Stage-wise table of what is chargeable, maintenance vs corpus vs taxes, and the RERA escalation.)&metatag-keywords=(Housing and RERA)&metatag-robots=(index,follow)&metatag-og:title=(Maintenance Before Possession or OC: What a Builder Can Charge, and When)&metatag-og:description=(Builder demanding maintenance before the OC or possession? Stage-wise table of what is chargeable, maintenance vs corpus vs taxes, and the RERA escalation.)&metatag-og:type=(article)}}
-====== Builder Demanding Maintenance Before Possession or OC? Action Plan ======
+====== Maintenance Before Possession or OC: What the Builder Can Charge at Each Stage ======
-**Your builder is asking for monthly maintenance charges, advance maintenance, or a maintenance deposit before handing over the flat, and the Occupancy Certificate may not even be in place yet. This guide explains when maintenance liability actually starts, what to check in your agreement and OC, how to respond in writing, and how to escalate to RERA or a consumer forum if the demand is unfair.**
+**Reviewed on:** 2026-06-12.
 {{:practical-guides:builder-demanding-maintenance-before-possession-oc.webp|Builder Demanding Maintenance Before Possession or OC? Action Plan}}
-**Reviewed on:** 2026-05-29.
+Start with the stage you are in. The table below is the usual position under standard builder-buyer agreements and RERA; your own agreement clause and state rules decide the fine print.
-<WRAP center round info 95%>
+^ Stage ^ Monthly maintenance ^ Corpus / IFMS ^ Property tax and outgoings ^
-**Quick answer**
+| Before the OC is issued | Generally not chargeable. The building is not legally occupiable, so there is no lawful possession to maintain against | Not yet due in most agreements | Builder's burden under RERA Section 11(4)(g) |
+| After OC, before a valid possession offer to you | Disputed zone. Many agreements start maintenance from the "offer of possession"; an offer is valid only if backed by the OC and the unit is actually ready | Usually demanded with the possession offer, per the agreement | Still the builder's until transfer |
+| After a valid offer, before you take keys | Commonly chargeable from the offer date or a short grace period after it, if the agreement says so. Check the clause, not the builder's letter | Payable per the agreement, against receipt, into an identifiable fund | Shifts per the agreement; municipal tax follows occupation and assessment |
+| After you take possession | Chargeable as agreed, with an itemised rate and period | Already paid; demand the fund statement later at handover | Yours for your flat; common-area outgoings stay with whoever runs maintenance |
-Maintenance usually starts from the date of lawful possession, not from a date the builder picks to suit collections. First, read your sale agreement to find the agreed maintenance terms and the possession trigger. Next, ask the builder in writing for the Occupancy Certificate, a possession letter, and an itemised maintenance demand with the breakup. If the building has no OC or possession has not been lawfully offered, you can dispute the demand. If you must pay to keep handover moving, pay by banking channel and mark it paid under protest. If the demand stays unfair, file a complaint with your State RERA, attaching the agreement and the written demand.
+Three different demands hide inside one builder invoice, and they have different rules:
-</WRAP>
-===== Who this guide is for =====
+  * **Monthly maintenance** pays for running services. It is tied to lawful possession or a valid offer of possession.
+  * **Corpus or IFMS** is a one-time reserve belonging to the future association, not income of the builder.
+  * **Taxes and outgoings** for the period before transfer are the promoter's own liability under Section 11(4)(g) of RERA; "property tax recovery" for pre-possession years deserves close scrutiny.
-This guide is for home buyers in India who have booked or bought a flat in an under-construction or newly finished project, and whose builder or developer is now demanding maintenance charges before genuine handover. It is useful if:
+===== A realistic demand, taken apart =====
-  * The builder is asking for advance maintenance, a maintenance deposit, or a lump-sum maintenance corpus before giving you the keys.
+A Chennai buyer received a possession-offer letter demanding Rs 2.92 lakh: 24 months advance maintenance at Rs 4.50 per sq ft on a 1,400 sq ft flat (Rs 1.51 lakh), a corpus of Rs 75 per sq ft (Rs 1.05 lakh), and Rs 36,000 as "pro-rata property tax". The letter was dated March; the CMDA records showed no completion certificate yet. Taken apart: the maintenance demand fails because there was no lawful offer without the certificate; the corpus may be contractually due at possession, but only at actual, valid possession; and the pre-possession "property tax" line was the builder's own Section 11(4)(g) liability dressed up as a buyer charge. The buyer's written reply asking for the certificate, the agreement clause for each line, and an itemised period cut the demand to the corpus alone, payable at genuine handover.
-  * You have received a possession offer, but you suspect the Occupancy Certificate (OC) has not been obtained.
-  * The builder is collecting monthly maintenance from a date earlier than the date you could actually occupy the flat.
-  * The builder is withholding handover documents until you clear a maintenance demand you think is wrong.
-  * You want to understand when maintenance liability truly begins and how to push back in writing without losing your flat.
-The exact answer depends on two documents you already have: your **sale or builder-buyer agreement** and your project's **RERA registration** details. The agreement defines the maintenance charges, the deposit, and the possession trigger. State rules and the wording of your agreement decide the fine points, so this guide stays general where rules vary. For high-value or contested demands, take advice from a property lawyer.
+Tamil Nadu buyers should ask for the completion certificate position from CMDA or the local body; in states issuing occupancy certificates, ask for the OC. Either way, verify with the authority, not the builder's covering letter.
-If the builder already has the OC but is still refusing to hand over the flat or documents, see the closely related guide: [[/practical-guides/builder-has-oc-but-refuses-possession-handover-documents/|Builder Has OC But Refuses Possession or Handover Documents]].
+===== How to respond, in order =====
-===== What you can do this weekend =====
+  - **Read your agreement first.** Find three clauses: the maintenance rate and start trigger, the corpus amount and timing, and the definition of "offer of possession". Quote clause numbers in every reply.
+  - **Demand the paperwork in writing:** the OC or completion certificate, the formal possession letter, and an itemised breakup of the demand by head, rate and period. Email plus registered post.
+  - **Verify the certificate independently** with the municipal corporation or planning authority. If the builder will not even share the copy, that is its own dispute: [[practical-guides:builder-not-providing-occupancy-certificate-copy|getting the OC copy]].
+  - **Dispute the unlawful heads, not the whole invoice.** A reply that concedes the corpus but contests pre-OC maintenance reads as reasonable before any forum.
+  - **If you must pay to get the keys, pay under protest.** Bank transfer only, with a written line that payment is made under protest and without prejudice to your right to dispute and recover it. Keep the receipt.
+  - **Escalate to your state RERA** if the demand stands: seek a corrected demand, refund of amounts paid under protest, and lawful possession with the certificate. Where the builder is also blocking handover despite holding the OC, see [[practical-guides:builder-has-oc-but-refuses-possession-handover-documents|builder has OC but refuses possession]].
-==== Friday evening ====
+===== The GST point most buyers miss =====
-Pull out your sale agreement or builder-buyer agreement and the demand the builder has sent. Read the maintenance clauses slowly. Look for three things: the agreed monthly maintenance rate or formula, any one-time maintenance deposit or corpus, and the clause that says when maintenance liability begins. Most agreements tie maintenance to the date of possession or the date possession is offered, not to an arbitrary date.
+Maintenance charges attract 18 percent GST where the monthly charge per flat exceeds Rs 7,500 (and the supplier crosses the turnover threshold). Two checks: the invoice must show the builder's or agency's GSTIN if GST is billed, and GST cannot be charged on a corpus deposit that is a returnable reserve rather than a service. Ask for a tax invoice, not a "demand letter", before paying anything with GST added.
-Next, find every document that mentions the Occupancy Certificate. Check your emails, the builder's app or portal, and any possession notice. If you cannot find an OC anywhere, that is a key fact. Write down the exact date the builder says your maintenance starts and compare it to the date you were first allowed, or could lawfully be allowed, to occupy.
+===== Where RTI helps =====
-Make a one-page summary: agreed maintenance terms, the date demanded, the amount demanded, and whether the OC exists. This becomes the backbone of your written reply.
+The builder is outside RTI, but the facts that decide this dispute are public records:
-==== Saturday ====
+  * **Municipal corporation or planning authority:** whether an OC or completion certificate exists for your block, its date, and the status of any pending application. A builder claiming "OC applied, coming next month" is tested by one RTI.
+  * **State RERA:** the project's declared completion date and certificates uploaded on the project page.
+  * **Local body tax department:** whether the property has been assessed and who has paid tax for the period the builder bills you.
-Send the builder a calm, factual written request by email and registered post. Ask for, in writing: a copy of the Occupancy Certificate, the formal possession letter, an itemised breakup of the maintenance demand, and the agreement clause they are relying on. Keep it polite and specific. A documented request forces the builder to put their basis on record, which helps you later.
+File through [[file-rti-online-india|RTI online]] or your [[state-rti-portals-directory|state RTI portal]]. Frame questions around records, not grievances, or the PIO will reject them, see [[why-rti-gets-rejected|why RTI gets rejected]].
-Verify the OC and the approved plan independently. The OC is issued by the local municipal corporation or development authority, not by the builder. You can check the building's approval and OC status with the planning or municipal authority. For projects under RERA, the registration page on your State RERA portal often lists approvals, completion status, and uploaded certificates.
+===== FAQs =====
-List every handover document you are owed. At possession you should normally get the OC, possession letter, final payment statement, maintenance agreement, society or association formation papers, and approved or as-built plans. If the builder is holding any of these hostage to the maintenance payment, note that clearly.
+==== Can the builder charge maintenance from a "deemed possession" date in the letter? ====
-==== Sunday ====
+Only if your agreement genuinely provides it and the offer was valid, meaning the certificate existed and the flat was ready. A deemed date in a letter cannot override the absence of an OC.
-Decide your position. If the OC is missing or possession has not been lawfully offered, you have a strong basis to dispute maintenance for that period. If you still want to take possession quickly, you can pay under protest: pay by bank transfer, add a written line that the payment is "under protest and without prejudice to my right to dispute it," and keep the receipt.
+==== Is a demand for 12 or 24 months advance maintenance legal? ====
-Draft your formal reply or complaint using the template in this guide. Organise your evidence: agreement, demand letter, your written request, the OC status proof, and any possession notice. Number each document so you can refer to it.
+Advance collection is common and usually contractual, not illegal in itself. The questions are whether the trigger date is lawful and whether the unspent advance will be accounted to the association later, see [[practical-guides:builder-delays-maintenance-transfer|maintenance transfer to the society]].
-Look up your State RERA portal and the consumer forum process so you know your escalation path before Monday. If the amount at stake is large, book a short paid consultation with a property lawyer to review your draft. Getting the framing right early saves time later.
+==== The builder is withholding keys until I clear the full maintenance demand. ====
-===== Documents and evidence checklist =====
+Record that condition in writing, pay disputed amounts under protest if you need the keys, and raise the coercion squarely in your RERA complaint. Conditioning lawful handover on a contested charge is a standard RERA grievance.
-^ Document ^ What it proves ^ Where to get it ^
+==== Can I refuse the corpus demand entirely? ====
-| Sale / builder-buyer agreement (registered) | Agreed maintenance rate, deposit, and the possession trigger | Your file; sub-registrar certified copy if lost |
-| Builder's maintenance demand letter / invoice | Amount, period, and stated basis of the demand | Builder email, app, or hard copy |
-| Occupancy Certificate (OC) | Building is legally fit for occupation per approved plan | Builder; verify with municipal / planning authority |
-| Possession letter / offer of possession | Date possession was lawfully offered to you | Builder communication |
-| RERA registration and project page | Project status, approvals, uploaded certificates, promoter details | Your State RERA portal (search by project / RERA number) |
-| Payment receipts / bank statements | What you have paid, and any payment under protest | Your bank net-banking or branch; builder receipts |
-| Maintenance agreement / corpus terms | Agreed maintenance, sinking fund, and interim arrangement | Your file; builder copy |
-| Your written request to the builder (email + post) | You asked for OC, possession letter, and demand breakup | Your sent email; speed post receipt |
-| Handover / snag checklist | Condition of flat and pending works at handover | Joint inspection notes, photos with date |
-===== Step-by-step action plan =====
+Usually not, if your agreement provides for it at possession. What you can demand is a receipt, the fund's destination, and later its transfer with interest to the association.
-==== Step 1 — Read the agreement and pin down when maintenance starts ====
+==== My agreement says maintenance starts 30 days from the offer letter, even if I do not take keys. ====
-Open your sale agreement and find the maintenance clauses. Identify the agreed monthly rate or formula, any one-time deposit, sinking fund, or corpus, and most importantly the clause that fixes when your maintenance liability begins. In most agreements this is the date of possession, or the date possession is offered after the building is ready. If the builder is demanding maintenance from a date earlier than that, the agreement itself is your first line of defence.
+That clause typically binds you only where the offer is valid, certificate in place and unit complete. If either is missing, contest the start date in writing with the clause quoted.
-==== Step 2 — Confirm the Occupancy Certificate status ====
+==== Does paying maintenance early give the builder the right to keep running services forever? ====
-The Occupancy Certificate is issued by the local municipal corporation or development authority and confirms the building is built to the approved plan and is fit to live in. Ask the builder for the OC in writing. Do not rely on a verbal "OC is coming." Independently check the OC and approved-plan status with the municipal or planning authority, and on your State RERA project page if the project is registered. If there is no OC, the building is not legally ready, which strengthens any argument that full maintenance liability has not yet started.
+No. Whatever you pay now, control must pass once the association takes over, and the builder must account for collections at that point.
-==== Step 3 — Demand an itemised breakup in writing ====
+===== Related guides =====
-Send the builder a written request asking them to itemise the demand: the period covered, the rate applied, advance versus arrears, any deposit or corpus, and the agreement clause relied on. Ask them to attach the OC and the possession letter. Send it by email and by registered or speed post so you have proof of delivery. A documented exchange prevents the builder from later changing their story and gives any forum a clear record.
+  * [[practical-guides:builder-changes-payment-schedule-after-booking|Builder changed the payment schedule after booking]]
+  * [[practical-guides:builder-delays-maintenance-transfer|Maintenance transfer from builder to society]]
+  * [[practical-guides:builder-rwa-not-handing-over-corpus-accounts-maintenance-records|Corpus and accounts handover]]
+  * [[practical-guides:builder-refuses-allotment-cancellation-refund|Builder refuses cancellation refund]]
+  * [[practical-guides:start|All practical guides]]
-==== Step 4 — Check what handover documents you are owed ====
+Download the pre-possession maintenance demand checklist (PDF).
-Maintenance often gets entangled with document handover. At possession you should normally receive the OC, the possession letter, the final demand and payment statement, the maintenance agreement, and details for the registered sale deed and society or association formation. If the builder is withholding any of these until you pay a disputed maintenance amount, write that down clearly. Conditioning lawful handover on a contested payment is exactly the kind of issue you can raise with RERA.
-==== Step 5 — Decide whether to pay under protest ====
-If the demand is unfair but you want to take possession without delay, you can pay under protest. Pay by bank transfer, not cash. Add a clear written line, in the payment communication and in your covering email, that the payment is made "under protest and without prejudice to my right to recover or dispute it." Keep the receipt. Paying under protest preserves your right to contest the amount later before RERA or a consumer forum, while letting handover proceed. For a large amount, get a lawyer's view before paying.
-==== Step 6 — Send a formal notice or complaint to the builder ====
-If the builder will not justify the demand, send a formal letter setting out your agreement clause, the missing OC or possession letter, and your request to revise or withdraw the demand. Use the template later in this guide. Give a reasonable deadline to respond and state that you will approach RERA or the consumer forum if it is not resolved. Keep proof of delivery.
-==== Step 7 — File a complaint with your State RERA ====
-If the project is registered with your State Real Estate Regulatory Authority, file a complaint about possession, OC, handover documents, and the maintenance terms. Use your State RERA portal, attach the agreement and the written demand, and clearly state the relief you want, such as lawful possession with OC, a corrected maintenance demand, or refund of amounts paid under protest. Procedure, fees, and timelines vary by state, so follow your own State RERA website. For background on builder disputes, see our guide on [[/builder-delay-flat-possession-rera-complaint-india|filing a RERA complaint for builder delay]] and the deeper walkthrough on [[/builder-delay-possession-rera-case-stuck-india|when a RERA possession case is stuck]].
-==== Step 8 — Consider the consumer forum or other remedies ====
-A consumer complaint is another route where the demand or service deficiency causes you loss. RERA and consumer remedies can be alternatives, so decide your forum carefully, ideally with a lawyer. If the dispute also involves a public authority withholding records, an RTI to the municipal or planning office can confirm the OC and approval position. For escalating government-side delays, our guide on [[/cpgrams-rti|CPGRAMS and RTI]] explains how to use the central grievance system alongside RTI.
-===== Escalation ladder =====
-^ Stage ^ Action ^ Forum / Destination ^ Target timeline ^
-| 1 | Written request for OC, possession letter, and itemised maintenance breakup | Builder / developer (email + registered post) | Give a reasonable reply window, e.g. 7–15 days |
-| 2 | Formal notice to revise or withdraw an unfair demand; pay under protest if proceeding | Builder / developer, with copy to your records | State a clear deadline in the notice |
-| 3 | Verify OC and approved plan; obtain records if withheld | Municipal corporation / planning authority (RTI if needed) | RTI reply generally within 30 days |
-| 4 | File complaint on possession, OC, documents, maintenance terms | State Real Estate Regulatory Authority (RERA) portal | Varies by state — check your State RERA |
-| 5 | Consumer complaint for deficiency / unfair demand (alternative remedy) | District / State Consumer Disputes Redressal Commission | Varies; take legal advice on forum choice |
-| 6 | Civil suit or appeal if orders are not complied with | Competent court / RERA appellate tribunal | Retain a property lawyer |
-===== Copy-paste letter template =====
-Replace the text in square brackets with your own details before sending. Verify your agreement clause and OC status first.
-To,
-The Managing Director / Authorised Signatory
-[Name of Builder / Developer Pvt. Ltd.]
-[Registered Office Address]
-Date: [DD/MM/YYYY]
-Subject: Maintenance demand raised before lawful possession / Occupancy
-         Certificate — Flat No. [XXX], [Project Name], [RERA Reg. No. if any]
-Respected Sir / Madam,
-. I am [Your Name], the allottee / purchaser of Flat No. [XXX] in
-   [Project Name], booked vide Agreement dated [DD/MM/YYYY]
-   (registered, if applicable).
-. I have received a demand dated [DD/MM/YYYY] for maintenance charges /
-   deposit of Rs [Amount] for the period [from–to]. I am unable to accept
-   this demand in its current form for the following reasons:
-   (a) As per Clause [number] of our Agreement, maintenance liability
-       commences only from the date of possession / offer of lawful
-       possession, and not from the date stated in your demand.
-   (b) To my knowledge, the Occupancy Certificate for the building has
-       not been obtained / has not been shared with me, and a formal
-       possession letter has not been issued.
-. I therefore request you to provide, in writing, within [number] days:
-   (i)  a copy of the Occupancy Certificate;
-   (ii) the formal possession letter;
-   (iii) an itemised breakup of the demand (rate, period, deposit, corpus);
-   (iv) the Agreement clause you rely upon for this demand.
-. Pending your response, I am willing to take possession and, if required,
-   make payment strictly UNDER PROTEST and WITHOUT PREJUDICE to my right to
-   dispute, adjust, or recover the same. Kindly issue a proper receipt for
-   any amount so paid.
-. If the demand is not revised in line with our Agreement and applicable
-   law, I reserve the right to approach the [State] Real Estate Regulatory
-   Authority and/or the Consumer Disputes Redressal Commission for
-   appropriate relief, including costs.
-Kindly treat this as urgent. I am available for a joint meeting / inspection
-at a mutually convenient time.
-Yours faithfully,
-[Your Full Name]
-Flat No. [XXX], [Project Name]
-[Your Address]
-[Mobile Number] · [Email Address]
-Enclosures:
-A — Copy of Agreement (relevant maintenance and possession clauses)
-B — Copy of the maintenance demand dated [DD/MM/YYYY]
-C — Payment receipts / proof (if any), marked under protest
-D — Any possession communication received
-===== When RTI can help =====
-The Right to Information Act, 2005 applies to public authorities, not to a private builder. A private developer company is not a public authority, so you cannot file an RTI directly against the builder. But RTI is still a powerful tool to verify the facts that decide your maintenance dispute, because the key approvals come from government bodies:
-  * **Occupancy Certificate and approved plan:** File an RTI with the municipal corporation or development / planning authority for your area. Ask whether an Occupancy Certificate (and completion certificate, if relevant) has been issued for the building, the date of issue, and the status of the approved building plan. This confirms whether the building is legally ready, which is central to when maintenance should begin.
-  * **Status of an application:** If the builder claims the OC is "applied for and pending," an RTI to the authority can confirm whether any application is actually on file and its current status.
-  * **RERA project filings:** Your State RERA is a statutory authority. Where details are not public on the portal, an RTI to the State RERA can seek the project's filed documents, declared completion timelines, and uploaded certificates, subject to RERA's own rules.
-To file an RTI online with central or many state bodies, see our [[/file-rti-online-india|step-by-step RTI filing guide]]. The CPIO must normally respond within 30 days. If you do not get a proper reply, our guide on [[/file-first-appeal-rti-section-19-2026|filing a first appeal under RTI Section 19]] explains the next step, and the full [[/rti-first-appeal-second-appeal-guide|first and second appeal walkthrough]] covers escalation. For advanced strategy, [[/book|The RTI Playbook]] shows how to use RTI in property and regulatory disputes.
-===== When RTI will not help =====
-RTI has clear limits in a builder maintenance dispute:
-  * **RTI cannot force a private builder to act:** You cannot use RTI to compel a private developer to give possession, share documents, or withdraw a demand. For that, your forums are State RERA and the consumer commission, not RTI.
-  * **RTI cannot decide your money dispute:** RTI gives you information, not a refund or an order on the correct maintenance amount. Use it to gather proof, then file the actual complaint.
-  * **Internal builder records are not RTI-accessible:** The builder's own accounts, internal emails, or contractor invoices are private records. You obtain those through the RERA or consumer process, or by demanding accounts as the agreement and state law allow.
-===== Common mistakes to avoid =====
-  * **Paying in cash under verbal pressure:** Never pay a disputed maintenance demand in cash because someone says the keys will not move otherwise. Pay by bank transfer, mark it under protest, and keep the receipt.
-  * **Taking possession without the OC quietly:** Moving in without checking the OC can create problems later with utilities, resale, and your own legal position. Confirm the OC status first and record any gap in writing.
-  * **Relying on verbal promises:** "OC is coming next week" or "we will adjust it later" means nothing without paper. Insist on every commitment in writing or email.
-  * **Ignoring your own agreement:** The single most useful document is your sale agreement. Many buyers argue from feeling rather than from the specific clause that fixes when maintenance starts. Quote the clause.
-  * **Confusing maintenance with the corpus or sinking fund:** A one-time corpus or sinking fund deposit is different from recurring monthly maintenance. Check which one is being demanded and on what basis, and ask for accounts of any fund collected.
-  * **Missing the interim period rules:** Before the society or association is formed, the builder may collect and manage maintenance, but must keep accounts and hand over the balance. Do not assume collection alone is wrong; ask for transparency instead.
-  * **Sitting on the dispute:** Delay weakens you and lets interest and penalties pile up. Send your written request promptly, keep the timeline tight, and escalate to RERA if the builder stonewalls.
-  * **Not getting legal advice on large amounts:** Where the corpus or arrears run high, or handover is being blocked, a short consultation with a property lawyer is worth it before you pay or file.
-For related issues, our guide on [[/apartment-society-maintenance-overcharge-india|apartment society maintenance overcharges]] covers disputes once the society is running, and [[/builder-delay-rera-india|builder delay and RERA]] explains the wider possession-delay framework. If you are still trying to get the OC or completion certificate itself, see [[/apply-occupancy-certificate-oc-builder-2026|how the Occupancy Certificate is obtained]] and [[/apply-completion-certificate-cc-builder-2026|how the Completion Certificate works]].
-===== Official links =====
-  * [[https://rera.gov.in/|Central RERA information portal (rera.gov.in)]] — Links to State RERA authorities and project search
-  * [[https://pgportal.gov.in/|CPGRAMS (pgportal.gov.in)]] — Central public grievance system for government-side delays
-  * [[https://rtionline.gov.in/|RTI Online (rtionline.gov.in)]] — File RTI with central and participating authorities
-  * [[https://consumerhelpline.gov.in/|National Consumer Helpline (consumerhelpline.gov.in)]] — Consumer grievance guidance and registration
-  * [[https://edaakhil.nic.in/|e-Daakhil (edaakhil.nic.in)]] — Online filing portal for consumer commission complaints
-===== Frequently asked questions =====
-==== Can a builder charge maintenance before giving me possession? ====
-Generally, maintenance liability starts only from the date of valid possession or the date offered in a lawful possession notice backed by the Occupancy Certificate. A builder cannot charge you maintenance for a flat you have not been allowed to occupy and that is not legally ready. Read your sale agreement, because the exact starting point and the agreed charges are defined there. Where the demand is unfair, raise it in writing and, if needed, complain to your State RERA.
-==== What is an Occupancy Certificate and why does it matter for maintenance? ====
-An Occupancy Certificate (OC) is issued by the local municipal authority confirming that the building is constructed as per the approved plan and is fit for occupation. Until the OC is granted, the building is not legally ready to be occupied. Many buyers argue that maintenance for common areas should begin only once the building is genuinely habitable and possession is lawfully offered with the OC in place. The exact position can vary by state and by your agreement, so verify both.
-==== Should I pay the maintenance demand to avoid losing my flat? ====
-Do not pay under verbal pressure. Ask for a written demand with a breakup, your sale agreement clause, and the OC status. If you decide to pay to keep handover moving, pay by banking channel, mark it as paid under protest in writing, and keep the receipt. Paying under protest preserves your right to dispute the amount later before RERA or a consumer forum. For large or doubtful demands, take advice from a property lawyer first.
-==== What documents should the builder hand over at possession? ====
-At possession you should receive the Occupancy Certificate, the possession letter, the final demand and payment statement, the maintenance agreement and the agreed maintenance schedule, the allotment and registered sale deed details, and as-built or approved plan copies where applicable. Ask for a written handover checklist signed by both sides. If documents are withheld until you pay disputed maintenance, record that condition in writing and raise it with RERA.
-==== Can I file a RERA complaint about an unfair maintenance demand? ====
-Yes. If your project is registered with your State Real Estate Regulatory Authority, you can file a complaint about possession, the Occupancy Certificate, handover documents, and maintenance terms that do not match your agreement. File on your State RERA portal, attach your agreement and the written demand, and state the relief you want. Procedure and fees vary by state, so check your State RERA website.
-==== Does RTI help against a private builder demanding maintenance? ====
-RTI does not apply to a private builder directly, because a private company is not a public authority. But RTI can be filed with public bodies such as the municipal corporation or planning authority to check the Occupancy Certificate and approved plan status, and with State RERA for project filings where applicable. So RTI helps you verify facts about approvals, not to force a private builder to act. Use RERA or a consumer forum for action against the builder.
-==== What if the builder is collecting maintenance but the society is not formed? ====
-Many builders collect maintenance during the interim period before the apartment owners' association or society is formed and handover happens. This is common, but the builder must maintain accounts, keep the interest-bearing maintenance and sinking fund as per the agreement and state law, and hand over the balance to the association on formation. Ask for periodic accounts in writing. If the builder refuses to form the society or account for funds, raise it with RERA or the competent registering authority.