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RERA Rights & Duties: 5 Must-Knows for Indian Homebuyers

Consumer Discretionary

28 minutes agoVDR Publications

RERA Rights & Duties: 5 Must-Knows for Indian Homebuyers

Decoding RERA: 5 Crucial Rights & Duties of Homebuyers in India You Must Know

The Real Estate (Regulation and Development) Act, 2016 (RERA), revolutionized the Indian real estate sector, aiming to protect homebuyers and promote transparency. Navigating the complexities of buying a home can be daunting, especially with legal frameworks like RERA. Understanding your rights and duties as a homeowner under RERA is crucial to ensuring a smooth and hassle-free experience. This article highlights five essential rights and duties every prospective and current homeowner in India should be aware of. We'll cover key aspects like RERA registration, carpet area, delayed possession, complaints, and homebuyer's responsibilities.

Right 1: Access to Accurate Project Information and Timely Updates

One of the most significant rights conferred by RERA is the right to access complete and accurate project information. Before signing any agreement, you have the right to:

  • Verify RERA Registration: Ensure the builder has obtained RERA registration for the project. This information is readily available on the respective state RERA website. Ignoring this crucial step can leave you vulnerable to legal complexities and financial losses. Knowing how to check RERA registration online is a must for any prospective homebuyer.
  • Examine Project Plans and Details: RERA mandates builders to disclose detailed project plans, including the carpet area, amenities, completion timeline, and approvals obtained. Scrutinize these documents carefully to avoid any surprises later. Understanding the difference between super built-up area, built-up area, and carpet area is essential to avoid misrepresentation.
  • Regular Updates on Project Progress: Builders are obligated to provide regular updates on the construction progress. This ensures transparency and prevents delays from becoming a major issue. This includes access to timely updates on the project's financial health.

Understanding Carpet Area vs. Built-Up Area vs. Super Built-Up Area

It's crucial to understand the distinction between these area calculations to prevent potential disputes. Carpet area refers to the actual usable area within the apartment's walls. Built-up area includes the carpet area plus the thickness of the walls and balconies. Super built-up area encompasses the built-up area along with a share of common areas like corridors and stairwells. Many disputes arise from misrepresentation of these areas, hence, careful examination is critical.

Right 2: Protection Against Delays and Compensation for Delays

RERA aims to reduce project delays. If a builder fails to deliver possession within the stipulated timeframe, you are entitled to:

  • Compensation for Delays: RERA prescribes compensation for delays. This is usually calculated as interest on the amount paid. The exact rate of interest may vary depending on the state's RERA rules. This is a vital protection against financial losses from prolonged construction timelines.
  • Legal Recourse: If the builder fails to compensate you as per RERA guidelines, you can initiate legal proceedings to recover your dues, including compensation for delays.

Duty 1: Timely Payment as per the Agreement

While RERA protects buyers, it also emphasizes their responsibilities. One critical duty is adhering to the payment schedule as outlined in the agreement. Failure to make timely payments can:

  • Impact Project Progress: Delayed payments can affect the builder's cash flow and potentially impact the project's completion timeline.
  • Lead to Penalties: The agreement may stipulate penalties for delayed payments, potentially leading to extra costs.
  • Affect your Right to Claim Compensation: In some scenarios, significant payment delays can affect your rights to claim compensation for delayed possession.

Right 3: Right to Form a Homeowners Association (HOA)

Once the project is complete, homeowners have the right to form an HOA to manage the building's common areas and amenities. This is crucial for maintaining the property's value and ensuring a smooth living experience. Establishing clear rules and regulations through the HOA is vital for collective well-being.

Right 4: Access to a Grievance Redressal Mechanism

RERA establishes a robust grievance redressal mechanism to resolve disputes between buyers and builders.

  • Filing Complaints: If you encounter any issues related to the project, you can file a complaint with the respective state RERA authority.
  • Speedy Resolution: RERA aims to provide a speedy and efficient mechanism for resolving complaints.
  • Appeals: Provisions for appeals are also available if you are not satisfied with the initial ruling.

Duty 2: Responsible Homeownership

Being a responsible homeowner involves:

  • Adhering to Building Rules and Regulations: Respecting the rules and regulations established by the builder or HOA is crucial for maintaining a harmonious living environment.
  • Contributing to Maintenance Fees: Timely payment of maintenance fees is essential for the upkeep of common areas and amenities.
  • Responsible Use of Amenities: Using the amenities responsibly and respecting fellow residents promotes a positive community atmosphere.

Conclusion: RERA - A Shield for Homebuyers

RERA significantly strengthens homebuyers' rights and provides a mechanism for redressal. Understanding your rights and duties is paramount to a successful and stress-free home-buying experience. Always thoroughly review all documents, verify RERA registration, and ensure transparent communication with the builder. By being informed and proactive, you can safeguard your investment and navigate the Indian real estate market confidently. Remember to regularly check your state's RERA website for updated rules and regulations.

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