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Builders may have to repair defects in buildings, flats even after possession

Builders may have to repair defects in buildings, flats even after possession
Builders may have to repair defects in buildings, flats even after possession

Representational Image. Courtesy: REUTERS/Danish Siddiqui

New home owners will soon be able to approach builders for fixing defects in their building or apartment anytime up to five years from the date of possession, if the state government’s proposed draft rules for setting up a real estate regulatory authority are finalized.

The Maharashtra government has released draft rules under the Real Estate Regulation and Development Act (RERA), 2016, which will be available for public suggestions and objections up to December 23.

According to the draft, the builder can either make the changes or compensate the buyers, failing which the homeowner can approach the real estate regulatory authority.

The draft reads, “If within a period of five years from the date of handing over the apartment to the allottee (buyer), the allottee brings to the notice of the promoter (builder) any defect in the apartment or the building in which the apartment is situated or the material used therein, then, wherever possible, such defects shall be rectified by the promoter at his own cost and in case it is not possible to rectify such defects, then the allottee shall be entitled to receive from the allottee(s) compensation for such defect or change.”

It was released by the state government on December 8.

The proposed draft also states that home buyers can file a complaint against errant builders by paying Rs 10,000.

“Any aggrieved person, having interest in the project, may file a complaint with the regulatory authority for any violation under the Act or the rules and regulations made which shall be accompanied by a fee of Rs 10,000 in the form of a demand draft. Upon receipt of the complaint, the regulatory authority shall issue a notice along with particulars of the alleged contravention and the relevant documents to the respondent,” it reads.

Back in May, the centre’s Real Estate Regulator Bill came into effect, which required every state to have its own set of regulations within the next 6 months.

While Maharashtra government was earlier contemplating on passing its own Maharashtra Housing (Regulation and Development) Act, 2012, it has now decided to adopt the centre’s act.

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