I bought a flat in Mangalore 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 a flat purchased in Mangalore.

Under RERA, structural defects are defined as any structural failure or defects in the construction of the building that renders it unfit for habitation or poses a danger to the safety of the occupants. You, as a buyer, have rights and remedies available to you under this law.

Here are the key points regarding your claim under RERA:

• Definition of Structural Defects: According to Section 2(zc) of RERA, structural defects refer to any defect in the quality of the construction, which affects the safety and habitability of the flat.
• Time Frame: You can claim under RERA for structural defects that occur within five years of the possession of the flat. This is outlined in Section 14(3) of RERA.
• Complaint Submission: You need to submit a complaint to the Real Estate Regulatory Authority (RERA) in Karnataka. The complaint can be made online through the RERA website or through a physical submission.
• Required Documentation: When submitting your complaint, include the following documents:
  • Copy of the sale agreement
  • Possession letter
  • Photographs of the structural defects
  • Any correspondence with the builder regarding the defects
• Builder’s Obligation: Under Section 14(1) of RERA, the builder is obligated to rectify any structural defects free of charge within the stipulated time frame after a complaint is made.
• Possible Remedies: If the builder fails to rectify the defects, you may seek remedies such as:
  • Compensation for damages
  • Withdrawal from the project and refund of the amount paid

In conclusion, as a flat owner in Mangalore facing structural defects, you should take advantage of your rights under RERA to seek redressal and ensure that the builder addresses the issues promptly.