Have a problem with your real estate builder? Here’s how RERA can help

It’s been more than five years since the Real Estate (regulation and development) Act 2016 was enacted. However, another year’s time was given to various state governments for drafting rules, setting up appellate tribunals, appointing officers and operationalizing websites and other provisions. Ultimately, the Act was implemented from May 1, 2017. Since then, a number of cases have been filed and disposed by various authorities at the state level. As a home buyer, using RERA’s guiding hand for resolving your complaints against builders or to search for information to can be helpful.

When can you approach RERA?

Complaints against developers as well as real estate agents can be made, provided they are registered with the respective RERA. The Act makes it mandatory for every real estate project that has a land area in excess of 500 square metres or has more than eight apartments, needs to be registered. Developers also need to indicate the names of registered real estate agents who will be working for their projects.

So, as a home buyer, you start getting protection under the Act from the time the project starts getting advertised. “Depending on the nature of action or omission, the home-buyer may be able to approach RERA as early as the booking stage. On issues such as deviations from specifications advertised/ agreed upon, an aggrieved homebuyer can approach RERA even after accepting possession and transfer of title,” says Mani Gupta, partner, Sarthak Advocates & Solicitors.

Besides, “a buyer can file a complaint on delay in possession, inconsistencies in design, any demand for advances beyond the permissible limit, false advertisements, non-payment in assured return cases, diversion of funds, alteration in project without consent, breach of any term of the builder-buyer agreement pertaining to the property,” says Harsh Pathak, real- estate matters counsel. Remember, a developer cannot ask for more than 10 percent of the property value before signing a builder-buyer agreement or an agreement for sale.