It is not advisable to occupy the newly constructed flat without OC.

You insist on it before getting the property registered on your name.

The occupancy certificate is legal document confirming that builder has been constructed flat according to approved plans and meets allsafety andbuilding code and regulations, making it suitable for occupancy so without getting occupancy certificate don't occupy.

It is the legal obligation of the builder to secure occupancy certificate. The Supreme Court has held in the case of Samruddhi Co-operative Housing Society Ltd. Versus Mumbai Mahalaxmi Construction Pvt. Ltd that the Builders failure to obtain occupation Certificate amounts to deficiency of service -

"In the present case, the respondent was responsible for transferring the title to the flats to the society along with the occupancy certificate. The failure of the respondent to obtain the occupation certificate is a deficiency in service for which the respondent is liable. Thus, the members of the appellant society are well within their rights as 'consumers' to pray for compensation as a recompense for the consequent liability (such as payment of higher taxes and water charges by the owners) arising from the lack of an occupancy certificate"