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Taking possession of a new flat is the point where a long wait ends and your protections start to run. For an NRI buyer it is also the point where a missed document or an unsigned snag list is hardest to fix from abroad. This checklist covers what to confirm before you accept the keys, what to inspect and record, and what to do about delays and defects under RERA.
This is general information and not legal advice. The RERA Act text was read on a reproduction site and not in the Gazette, and the MahaRERA rules and your agreement can differ. Check your own agreement and have an advocate review the papers. This guide is independent and has not been reviewed by a lawyer.
Before the handover
- Occupancy certificate (OC). Section 11(4)(b) of RERA makes the promoter responsible for obtaining the completion or occupancy certificate (see section 11). Ask for a copy of the OC for your building before you accept possession.
- The two month rule. Section 19(10) says an allottee shall take physical possession within two months of the occupancy certificate for the unit (see section 19). Do not ignore a possession letter because you are abroad. Reply in writing, and use a representative if you cannot travel. See the NRI power of attorney guide.
- Check the project. Confirm the registration, approvals and any updates on the MahaRERA site. See the MahaRERA project search guide.
- Final payment. Pay only the amounts due under your agreement, get written receipts and a statement of account showing nil dues, and keep the bank trail. Check any loan disbursement conditions in the NRI home loan guide.
- Registration and stamp duty. Keep the registered agreement and the stamp duty receipt with the file. See the agreement for sale, sale deed and conveyance guide and the stamp duty and registration guide.
Check the carpet area
MahaRERA’s model agreement for sale is reported to require the promoter to confirm the final carpet area after the occupancy certificate and to adjust the price at the agreed rate, with any excess refunded within 45 days and interest at the rate in the rules (see the Free Press Journal column). A tolerance of about 3% is mentioned in some agreements and reports, and some builder agreements waive compensation within it. Read your own agreement for the exact clause and the interest rate.
Inspect the flat: a snagging checklist
| Area | What to check |
|---|---|
| Walls and ceilings | Cracks, damp patches, uneven plaster, paint finish. |
| Floors and tiles | Hollow tiles, level, gaps, scratches. |
| Doors and windows | Fit, locks, handles, glass, sealing against rain. |
| Electrical | Every point and switch, the main board and earthing, and the meter. |
| Plumbing | Taps, flush, drainage, hot water points, pressure and slope in bathrooms. |
| Waterproofing | Bathroom, balcony and terrace areas, with a water test if the builder allows. |
| Fittings and finishes | Compare with the specifications in your agreement. |
| Common areas | Lifts, parking allotment, fire exits, water supply and drainage. |
- Take dated photographs and videos of every defect and of the meter readings.
- Write a snag list, ask the promoter to sign it and note a date for fixes.
- Ask a reliable relative or an inspector to go on your behalf if you cannot travel.
Defects after possession
Under section 14(3) of RERA, a structural defect or any defect in workmanship, quality or services brought to the promoter’s notice within five years of handing over possession must be rectified without charge within thirty days. If it is not, the allottee is entitled to appropriate compensation (see section 14). Give the promoter written notice with dates and photographs, and if thirty days pass, see the MahaRERA complaint guide.
Conveyance and the society
- Section 17(1) requires the promoter to execute a registered conveyance deed in favour of the allottee, with the undivided proportionate title in the common areas, and hand over physical possession within the period under the sanctioned plans and local laws (see section 17). Section 19(11) says the allottee takes part in registering it.
- Section 17(2) says that after the OC and handover the promoter must hand over the necessary documents and plans, including common areas, to the allottees’ association or the competent authority.
- The Maharashtra rules are reported to set about three months from the OC for the conveyance where no period was agreed. The rule text was not read for this guide, so check it and your agreement.
- Section 11(4)(e) requires the promoter to enable the formation of an association or society of the allottees. See the housing society registration guide and the society share certificate guide.
If possession is late
Under section 18 of RERA, if the promoter fails to give possession by the agreed date, the allottee can withdraw and get the money back with interest and compensation, or stay in the project and receive interest for every month of delay until possession (see section 18). MahaRERA orders are reported to apply the highest SBI MCLR plus 2%. Check the current figure on the SBI site and in your agreement before you quote a rate.
For NRI buyers: handover from abroad
- The allottee stays the party to the agreement. If a representative takes possession, ask the promoter what authority document it will accept and whether it wants the power of attorney registered or consulate authenticated. See the NRI power of attorney guide.
- Limit the authority to taking possession, signing the snag list and receiving documents, and ask for copies of everything signed.
- Arrange meter transfers, society membership and key custody before you leave the site. See the guide to managing a flat from abroad.
Possession day documents
| Document | Why it matters |
|---|---|
| Occupancy certificate | Shows the building may be occupied. |
| Possession letter and statement of account | Fixes the handover date and shows nil dues. |
| Registered agreement and stamp duty receipt | Your title paper and proof of duty. |
| Signed snag list and photographs | Starts your record for defects. |
| Society and maintenance papers | Shows what you owe from the handover date. |
| Floor plan, specifications and meter details | For later checks and transfers. |
If any paper is missing or unclear, use the property lawyer checklist and the NRI property buying guide before you accept possession.
Frequently Asked Questions
How soon must I take possession after the OC?
Section 19(10) of RERA says within two months of the occupancy certificate for the unit. Read your agreement and the possession letter.
Can I refuse possession if there are defects?
Record the defects in a signed snag list and ask for rectification in writing. Ask your advocate before refusing, because delay can affect your position.
How long do I have to report defects?
Under section 14(3), defects notified within five years of possession must be fixed free of charge within thirty days.
What if the carpet area is less than promised?
The MahaRERA model agreement is reported to provide a refund with interest for a shortfall, but your agreement controls. Read the clause.
What if possession is delayed?
Section 18 gives the choice to withdraw with a refund and interest, or to stay and receive interest for each month of delay.
Can someone take possession for me?
Yes, if the promoter accepts a suitable authority document. Ask the promoter and your advocate what it needs.
Sources and a note on accuracy
| Point | Source |
|---|---|
| RERA sections 11, 14, 17, 18 and 19 | Section 11, section 14, section 17, section 18 and section 19 |
| Carpet area and the model agreement (reported) | Free Press Journal |
| Project details | MahaRERA |
Reviewed on 24 October 2026. The Act text is from a reproduction site, the Maharashtra rules, the three month conveyance rule and the interest rate were not read from official texts, and TDS on the final payment was not covered. Confirm with an advocate.
The featured image is an AI generated illustration made for this guide, and not a photograph.
NaviMumbai.com is an independent information site and is not affiliated with any government body.
