I bought a flat in Chandigarh and it has structural defects, can I claim under RERA?

Detailed Legal Analysis

If you have purchased a flat in Chandigarh that has structural defects, you can indeed file a claim under the Real Estate (Regulation and Development) Act, 2016 (RERA).

Under RERA, developers are obligated to ensure that the properties they sell are free from structural defects, which are defined as any defect in the work that does not meet the standards of construction. If such defects arise within five years from the date of possession, buyers have the right to seek redressal.

Here are the steps you should follow to claim under RERA for structural defects:

• Gather Evidence: Collect all relevant documents such as the sale agreement, possession letter, and photographs of the defects.
• Notify the Developer: Send a formal notice to the builder or developer detailing the structural defects and requesting rectification.
• File a Complaint: If the developer fails to address the issue, you can file a complaint with the RERA Authority in your state of residence. In Chandigarh, this would be the Punjab State Real Estate Regulatory Authority.
• Prepare Documentation: Prepare all necessary documentation to support your claim, including:
  • Copy of the complaint form
  • Proof of payment
  • Details of the defect
  • Correspondence with the developer
• Submit the Complaint: Submit your complaint along with the required fee to the RERA Authority. Ensure that you keep a copy of your submission for your records.
• Attend Hearings: Be prepared to attend hearings if required. The authority might call you and the developer for a hearing regarding the complaint.

According to Section 14 of RERA, a developer is liable to rectify any structural defects within a specified time frame. If they fail to do so, you may also claim compensation for any loss incurred due to these defects.

In summary, RERA provides a framework for homebuyers to seek legal remedy for structural defects in newly constructed properties, ensuring that developers are held accountable for the quality of their construction.