Realtors to fix building defects for homebuyers: Maharashtra Government

Mumbai: Soon, homebuyers can approach builders to fix defects they find in their apartment or their building up to five years from the date of possession, according to the state government’s new draft rules for setting up a real estate regulatory authority.

If the builder does not opt to rectify defects, he can compensate buyers, failing which the homebuyers can approach the real estate regulatory authority.

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

The draft, which was released by the state government on December 8, 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 (sic).”

The Centre’s Real Estate Regulator Bill, came into force on May 1, 2016 with the ministry of housing and urban poverty alleviation (MHUPA) notifying it. The notification asks every state to have its own set of regulations under the Centre’s Act and it had set a deadline of six months for the same.

Recently, the Union urban development ministry notified the Act for union territories. The Uttar Pradesh, Delhi and Gujarat governments have also notified the Act.

The Maharashtra government was previously mulling over passing its Maharashtra Housing (Regulation and Development) Act, 2012 in order to curb the illegal practices in the real estate sector.

However, it has not been successful in implementing its own Act. Now, it has to adopt the Centre’s Act with the ministry of housing and urban poverty alleviation (HUPA) notifying its own Act, which asks every state to have its own set of regulations under the Centre’s Act.

How to file a complaint:
Distressed homebuyers in the state will now have to shell out Rs 10,000 to register complaints against errant builders with the state real estate regulatory authority. The draft rules by the state government read: “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.”