Living Without Occupation Certificate: People living in flats without an occupation certificate or completion certificate may still have to pay maintenance, according to a recent HP RERA order reported on June 2, 2026. The case came from Baddi in Himachal Pradesh. A homebuyer had taken possession of a flat years ago even though the project did not have the needed approvals.
Later, the builder asked for maintenance dues worth lakhs of rupees, and that led to the dispute. HP RERA said a person who is already living in and using the flat cannot completely refuse maintenance, but it also said the builder must get the pending OC and CC within three months. It also said maintenance charges must be fair, open, and supported by proof.
Why the Authority did not fully side with one side?
The main point in the order is that a builder has legal duties, but a homeowner also has to pay for the common things that keep the building running.
Rishabh Gandhi of Rishabh Gandhi and Advocates said, “A flat owner who is in possession and is actually using the premises cannot ordinarily deny the entire liability to pay maintenance,” but he also said such demands can be questioned if they are too high, not backed by accounts, or linked to services that do not work.
Shaurya M Tomar of Chugh Universal Legal said that if a person is using things like security, lifts, water supply, housekeeping, and other shared services, then that person should also pay a fair part of the cost. Himesh Thakur of PSL Advocates & Solicitors said the same basic rule applies even if the builder has not yet cleared the required approvals.
Shashank Agarwal of Legum Solis added that even when a flat is rented out, the owner is still getting money from it, so a full refusal to pay maintenance is usually not a strong position.
What homebuyers can question?
The order does not give builders a free hand to ask for any amount they want. Madhura Samant of Elarra Law Offices said buyers can challenge charges that are unfair, too high, not supported by records, or tied to facilities that were never given. Rahul Jajoo of the Delhi High Court said builders can recover real costs for security, housekeeping, common electricity, water supply, and the upkeep of shared areas. But if the service is incomplete, not working, or never handed over, then those charges can be disputed.
Experts also said buyers should not pay a big lump-sum demand without asking for papers first. Gandhi said “A maintenance demand must be an account-backed claim, not a pressure tactic” and advised buyers to ask for a full break-up, the reason for the calculation, the services included, and the supporting records.
Samant said homeowners can ask for detailed spending statements, vendor invoices, service contracts, audit reports if available, maintenance account records, and bills with cost working. Jajoo said asking for these papers is a smart and fair step because it protects the buyer’s right to challenge the bill later.
Builders Cannot use Pressure to Recover Dues
The authority also did not support harsh recovery methods. Gandhi said builders cannot cut off water, lifts, sewerage, or other basic services just to force payment of a disputed bill. Tomar said maintenance fights should not be solved with threats or pressure.
Thakur said HP RERA has already made it clear that notices threatening to stop services or add conditions that are not in the sale agreement cannot stand in law. Agarwal said canceling allotments, stopping essential services, or adding penalties outside the contract and RERA rules is also unlikely to survive legal check. If such things happen, buyers can go to RERA, consumer courts, or other courts for relief.
