In a pivotal ruling, Karnataka's KRERA reinforces builders' obligations to rectify structural flaws post-handover. Triggered by water seepage issues at SNR Verity, Bengaluru, the case spotlighted SNR Square Pvt Ltd's negligence. KRERA's mandate extends developers' liability for five years post-residents' association formation, safeguarding against common pitfalls like leakages and faulty wiring. Despite RERA's protective framework, challenges persist with developers evading responsibilities, often shifting repair burdens to associations prematurely. Empowered by KRERA's directive, Karnataka's homeowners armed with documentation and procedural knowledge can compel builders to honour their commitments, securing livable homes long-term.
A recent order by the Karnataka Real Estate Regulatory Authority (KRERA) clarifies the builder's responsibility for fixing structural defects in a project. In this landmark case, a resident of SNR Verity in Bengaluru faced water seepage issues in his apartment. Despite repeated complaints, the developer (SNR Square Pvt Ltd) failed to address the problem.
The resident then approached KRERA, which ruled in his favour. The order states that developers are responsible for repairing any structural defect in the project for five years after the residents' association is formed and the project is handed over to the residents. This is significant because many homebuyers face issues like leakage, cracks, or faulty electrical wiring after taking possession, impacting the long-term livability of their homes.
Experts point out that the Real Estate (Regulation and Development) Act, 2016 (RERA) already provides this protection. Chapter III Part 4(A) of the Act says that the developer's responsibility concerning structural defects continues "even after the conveyance deed of all the apartments" is handed over. This translates to a five-year window for residents to claim repairs for structural issues.
However, homebuyers often face difficulties getting developers to fulfil their obligations. Dhananjaya Padmanabhachar, director of the Karnataka Home Buyers Forum, highlights that some developers avoid taking responsibility even before transferring common areas. He cites the example of a project where the developer refused to repair damage caused by a fire incident in the clubhouse (which would fall under common areas).
Another common tactic is for developers to pass on repair costs to the residents' association, even though these should be borne by the builder according to RERA. This puts the financial burden on residents for issues arising from faulty construction.
Empowered by this KRERA order, Karnataka homebuyers facing structural defects in their apartments can take action. First, familiarise yourself with your rights. Review your sale agreement and refer to Chapter III Part 4(A) of RERA guidelines for details on the five-year window for claiming repairs due to structural defects. Next, document the issue with clear photos and videos. Following that, file a formal complaint with the developer in writing. Clearly outline the problem and request repairs within a reasonable timeframe. If the developer remains unresponsive or refuses to take responsibility, you can escalate the issue by filing a complaint with KRERA for dispute resolution.
By being aware of their rights and taking proactive steps, homebuyers in Karnataka can ensure their apartments are structurally sound and developers are held accountable for their work for a period of five years after handover.
Advertisement
Facebook
Whatsapp
