I bought a flat in Thiruvananthapuram and it has structural defects, can I claim under RERA?
GA Asked by Gayatri Rao from India
Quick Answer
The Real Estate (Regulation and Development) Act, 2016 (RERA) provides protection to home buyers against structural defects and poor workmanship in residential projects.
Detailed Legal Analysis
The Real Estate (Regulation and Development) Act, 2016 (RERA) provides protection to home buyers against structural defects and poor workmanship in residential projects. In Thiruvananthapuram, if you discover structural defects or any other defect in construction within five years of possession, you can approach the Kerala Rent Control Act 1963 Real Estate Regulatory Authority for redressal.
The Authority can direct the builder to rectify the defects at his cost within a specified time. The Kerala High Court has upheld the Authority's power to order compensation for defects and delay in rectification.
You must file a complaint with the Authority with supporting evidence such as engineer reports and photographs. The builder is required to rectify the defects within the time specified by the Authority.
If the builder fails to comply, you can seek further relief including compensation and refund. The decision of the Authority is appealable to the Real Estate Appellate Tribunal.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.