Table of Contents
- Introduction
- Builder's Legal Responsibility Post-Possession Under RERA
- Conclusion
- Faq's
Introduction
Buying a home is not just a financial investment but also a step toward long-term stability. However, many homebuyers in India face issues even after taking possession of their property. To protect buyer interests, the Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, lays down specific post-possession responsibilities for builders and developers. This article explains the legal liabilities of builders after handing over possession, the timeframes defined by RERA, and what steps homeowners can take in case of non-compliance.
Builder's Legal Responsibility Post-Possession Under RERA
1. Structural Defects and Workmanship (5-Year Liability)
As per Section 14(3) of RERA, if any structural defect or poor quality in workmanship, services, or quality is discovered within 5 years from the date of possession, the builder is legally obligated to rectify it at no extra cost to the homebuyer.
- The rectification must be done within 30 days of receiving the written complaint.
- Failure to do so entitles the buyer to compensation.
2. Delay in Providing Amenities or Common Facilities
Even after handing over the flat, if amenities such as clubhouses, swimming pools, elevators, or common areas are not completed as promised in the agreement, the builder is still legally responsible to complete them.
- Homebuyers can file a complaint with the RERA authority for non-compliance.
- Compensation can be sought for delayed facilities.
3. Transfer of Common Areas to the Society/Association
RERA mandates builders to handover the common areas and facilities to the residents' association or society after completion.
- Builders cannot delay or retain control over common areas post-possession.
- Non-transfer can result in penalties or directions issued by the authority.
4. Execution of Sale Deed and Documentation
Even after possession, if the builder fails to execute the registered sale deed or delays important documentation, they are in violation of RERA provisions.
- A buyer can approach RERA or the adjudicating officer to enforce execution.
- This responsibility does not end with physical possession.
5. Maintenance Until Handover to RWA
Builders are responsible for maintaining the project till the Residents Welfare Association (RWA) or cooperative housing society is officially formed and takes charge.
- This includes sanitation, water supply, security, and power backups.
- Maintenance charges cannot be arbitrarily levied without proper structure.
Legal Remedies for Buyers If Builder Defaults Post-Possession
- Filing Complaint under RERA: Buyers can submit complaints online via the official state RERA portal.
- Compensation and Interest: RERA allows for compensation or interest for delays and defects.
- Consumer Court Alternative: Buyers may also file cases under the Consumer Protection Act if required.
Conclusion
RERA has empowered homebuyers by placing clear legal obligations on builders even after they hand over possession. From structural integrity to timely delivery of amenities, builders are accountable under the law. As a homebuyer, knowing your rights under RERA not only ensures timely redressal but also fosters transparency and fairness in real estate transactions. Always document issues, communicate formally, and be prepared to escalate legally if needed.
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