I bought a flat in Nashik 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 Nashik.

Under RERA, a homebuyer is protected against structural defects for a period of five years from the date of possession. If you discover any structural defects, you have the right to file a complaint with the appropriate Real Estate Regulatory Authority (RERA) in Maharashtra.

Here are the key points and steps to follow for claiming under RERA:

• Definition of Structural Defects: As per Section 14 of RERA, structural defects refer to any poor workmanship, material, or design that is not in accordance with the approved plans and specifications. This includes issues that affect the safety and durability of the property.
• Timeframe for Claims: Homebuyers can claim for structural defects within five years of possession as mentioned in Section 14(3) of RERA.
• Filing a Complaint: If you encounter structural defects, you must file a complaint with the RERA authority. The steps include:
• Collect all relevant documents, including the sale agreement, possession letter, and any correspondence with the builder.
• Prepare a detailed complaint outlining the defects and their impact on the property.
• Submit the complaint to the appropriate RERA authority in Maharashtra, either online or in person.
• Builder's Obligation: Under Section 18 of RERA, the builder is obligated to rectify any structural defects within a reasonable time frame, failing which they may be liable to pay compensation.
• Compensation: If the builder fails to rectify the defect, you may be entitled to a refund of the amount paid or compensation for the loss incurred.
• Mediation and Adjudication: RERA also provides for mediation and adjudication as guided by Section 32, which can help resolve disputes between buyers and builders.

In conclusion, you have the right to claim against the builder for structural defects under RERA. Ensure that you follow the proper procedures and gather all necessary documentation to support your case.