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

Detailed Legal Analysis

Yes, you can claim under the Real Estate (Regulation and Development) Act, 2016 (RERA) for structural defects in your flat in Coimbatore.

The RERA provides homebuyers with rights and remedies against builders and developers for structural defects and poor workmanship. Here are the key points and steps to consider when filing a claim:

• Definition of Structural Defect: According to Section 2(1)(zc) of RERA, a structural defect includes any defect in workmanship, quality, or provision of service that arises within five years of possession.
• Time Period for Claim: You can claim compensation for structural defects that occur within five years of the date of possession of the flat.
• Notification to Developer: You must inform the builder or developer about the structural defect in writing. Be concise and document the issues clearly, providing photographs or reports if possible.
• Filing a Complaint: If the builder does not respond or resolve the issue satisfactorily, you can file a complaint with the Real Estate Regulatory Authority (RERA) in Tamil Nadu. The complaint can be submitted online through the RERA Tamil Nadu website.
• Documentation Required: Prepare the following documents to support your claim:
  • Copy of the sale agreement.
  • Possession certificate.
  • Photographs of the defects.
  • Correspondence with the builder.
  • Expert reports (if any) detailing the structural issues.
• RERA Authority Proceedings: Once a complaint is filed, the RERA Authority will examine the case and may call for a hearing. You and the developer will be given a chance to present your arguments.
• Possible Outcomes: If the RERA Authority finds the builder liable, they may order the developer to rectify the defects, provide compensation, or refund the amount. This is in accordance with Section 31 of the RERA.

It is advisable to consult a legal expert familiar with RERA and property law to assist you with the process and ensure that your rights as a buyer are protected effectively.