Homeowner having possession must pay maintenance charges even if builder did not give OC, independent water connection and sewerage facilities, rules HP RERA

Ajjay Bhagyakar
Jun 2
2 min read

In a significant ruling for homebuyers and developers, the Himachal Pradesh Real Estate Regulatory Authority (HP RERA) has clarified that homeowners who have taken possession of their flats cannot completely refuse to pay maintenance charges, even if the builder has not provided an Occupancy Certificate (OC), independent water connections, or sewerage facilities.

The ruling comes amid growing disputes across residential projects where buyers have taken possession but continue to face incomplete infrastructure and pending statutory approvals, Homeowner having possession must pay maintenance charges even if builder did not give OC, independent water connection and sewerage facilities, rules HP RERA.

What Was the Case About?

The matter involved homeowners who argued that they should not be required to pay maintenance charges because the developer had failed to obtain the necessary Occupancy Certificate and provide essential facilities such as independent water and sewerage connections.

However, HP RERA observed that once a buyer takes possession and begins using the property, they also benefit from common services and facilities within the project. Therefore, they cannot completely avoid contributing towards maintenance expenses.

Key Takeaways from the Ruling

Maintenance Charges Still Apply

HP RERA ruled that homeowners occupying their units must pay reasonable maintenance charges for the upkeep of common areas and services, even if certain approvals or facilities are pending.

Builders Remain Responsible

The authority also made it clear that developers cannot escape their legal obligations. Builders are still required to obtain Occupancy Certificates, Completion Certificates, and provide promised infrastructure and essential services.

No Arbitrary Charges Allowed

While maintenance charges are payable, developers must ensure transparency in billing and cannot impose unreasonable or unjustified fees on residents.

What Does This Mean for Homebuyers?

The ruling highlights an important principle: possession of a property comes with certain responsibilities. Homebuyers should continue paying legitimate maintenance charges while simultaneously pursuing their rights against developers for delayed approvals or incomplete facilities.

Before taking possession, buyers should always verify:

Occupancy Certificate (OC)
Completion Certificate (CC)
Water and sewerage connections
RERA compliance status
Maintenance terms and conditions

Conclusion

The HP RERA decision strikes a balance between the rights and responsibilities of both homeowners and developers. While residents cannot completely deny maintenance payments after taking possession, builders remain accountable for delivering a legally compliant project with all promised facilities and approvals.