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Developers responsible for construction defects for upto 5 years

Clarifies RERA

How long does a builder remain responsible for construction defects that arise after purchasing a house? Karnataka RERA has recently provided a clear directive on this matter. It stated that the developer is responsible for addressing construction defects for five years after the formation of the Residents’ Association and the handover of the project to the buyers.

A resident who purchased a flat at SNR Verity in Bengaluru’s Sarjapur area complained that rainwater was leaking into his apartment and that the project developer, SNR Square Private Limited, did not respond despite multiple requests. Pankaj Singh, who executed the sale deed for the flat in 2021 and moved in in 2022, faced severe issues due to the rainwater leakage. Despite repeated notifications to the developer, there was no response, leading him to file a complaint with RERA.

After thoroughly reviewing all aspects, the RERA authority clarified that even after the formation of the Residents’ Association, the responsibility to rectify construction defects that emerge within five years lies with the developer. Experts point out that many developers neglect their responsibilities after handing over the project to the housing association, which is incorrect. They also note that developers often charge associations for repair costs, but according to RERA law, the responsibility remains with the developers for five years.

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