I bought a flat in Guntur 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) if your flat in Guntur has structural defects.

Under RERA, structural defects are defined as any significant flaw or inadequacy in the construction work that causes the property to be unfit for occupancy. As a buyer, you have certain rights and remedies available to you in case of such defects.

Here are the steps and key points to consider when making a claim under RERA:

• Understand the Definition of Structural Defects: According to section 14(3) of RERA, structural defects include any defect in the quality of materials used, or any poor workmanship, which leads to a construction flaw.
• Timeframe for Claims: You must file a complaint regarding structural defects within five years from the date of possession of the flat. This is specified under section 18 of RERA.
• File a Complaint: You can file your complaint with the Real Estate Regulatory Authority (RERA) in your state. The application can be submitted online or in person. The complaint should include:
• Your details such as name, address, and contact information.
• Details of the builder and the project.
• A description of the structural defects.
• Evidence supporting your claim, such as photographs, reports from structural engineers, etc.
• Seek Remedies: Under section 18 of RERA, if a structural defect is proven, you may be entitled to remedies such as:
• Repair of the defect at the cost of the builder.
• Compensation for any losses incurred due to the defect.
• In some cases, even a refund of the amount paid if the defect is severe enough.
• Engage Legal Assistance: It is advisable to consult with a legal professional specializing in real estate to assist with your claim and provide guidance through the process.
• Keep Records: Maintain records of all correspondences with the builder, including complaints, acknowledgments, and any responses received.

By following these steps and understanding your rights under RERA, you can effectively claim compensation for structural defects in your flat in Guntur.