A growing question among developers and homebuyers concerns whether real estate projects that launch sales and marketing only after obtaining an Occupancy Certificate (OC) still fall under the purview of the Real Estate (Regulation and Development) Act, 2016 (RERA).
According to legal experts, projects that have received a valid OC before commencing any sale or advertisement activity are typically exempt from mandatory RERA registration. The reasoning lies in Section 3 of the Act, which mandates registration for projects where any unit is offered for sale before completion. If a project is fully completed—and certified fit for occupation—before the launch of sales, it does not meet the criteria for “ongoing project” registration under RERA.
However, regulators caution that the exemption applies only if the project has not accepted any booking, advance, or advertisement before obtaining the OC. If any promotional activity, marketing campaign, or allotment occurred prior to certification, the developer would still be liable to register.
For buyers, experts advise due diligence: always verify the OC’s authenticity, check municipal approvals, and ensure the developer has met all post-completion compliances. Transparent disclosure, they say, remains crucial—even for OC-ready projects.
