What are the Rights and Duties of Homebuyers under RERA Act?

The Real Estate Regulatory Authority (RERA) was introduced in 2016 and was implemented in 2017 in India to encourage and boost the real estate sector by promoting accountability and transparency and make much need dynamic changes and promote welfare. A home buyer or an allottee as per the section 2(d) is a person who acquires a property through sale or transfer but does not include tenant. RERA registration is mandatory for buildings more than 8 units or development of land measuring more than 500 square metres. The RERA rules and laws are established to protect the allottees or homebuyers from the unlawful and illegal activities of the builders and provide an effective quick mechanism in the cases of grievances. It provides certain rights to the homebuyers to protect themselves under the RERA Act and also lays down the duties of the buyer. Therefore, this article will discuss about what are the rights and duties of homebuyers under RERA act.

Rights and Duties of Homebuyers under RERA Act

Section 19^[1] of the Real Estate Regulatory Authority (RERA) defines the rights and duties of the allottees or homebuyers. Such rights and duties are as follows: –

Rights

1. The homebuyer or allottee is entitled to obtain information relating to layout plans, sanction plans along with the specifications which are agreed and sanctioned by the competent authority and any other information as provided in the Act or the rules and regulations made thereunder or agreement for sale signed with the promoter.
2. The allottee or the home buyer is entitled to know the time schedule completion of the project stage-wise, including the provisions for electricity, water, sanitisation and other amenities and services as agreed between the homebuyer and the promoter in accordance with the terms and conditions of the sale agreement.
3. In accordance with the declaration given by the promoter under section 4 (2) clause (I) sub clause (c) the homebuyer is entitled to claim the possession of the building or plot or apartment and the association of homebuyers shall be entitled to claim possession of the common areas.
4. If the promoter fails to comply or is unable to give the possession of the building, apartment or plot in accordance with the sale agreement made between the homebuyer and the promoter, or due to discontinuance of his business as a developer on account of revocation or suspension of his registration under the provisions of the RERA Act or the rules and regulations thereunder, the homebuyer then shall be entitled to claim a refund of the amount paid along with the interest at such a rate as may be prescribed and compensation in such a manner as given under the Act from the promoter.
5. Once the physical possession of the property is handed over by the developer, the homebuyer is also entitled to have the necessary documents and plans, including that of common areas as well.

Duties

• Every homebuyer who has entered into the sale agreement to take a plot, building or apartment under section 13 of the Act shall be responsible to make the required payments in such a manner and at such point of time as specified in the said agreement for sale and is required to pay at the proper place and time, the share of the municipal taxes, registration charges, electricity and water charges, ground rent, maintenance charges and other charges if any.
• The homebuyer is liable to pay the interest for any delay in the payment towards any charges or amount to be paid under sub- section (6) at such rate as may be prescribed.
• The homebuyer and the promoter by mutually agreeing may reduce the interest liable to be paid by the homebuyer under subsection (7) and the obligation of the homebuyer under subsection (6).
• Every homebuyer or the allottee of the building, apartment or plot shall participate towards the formation of the society, association or cooperative society of the allottee or federation of the same.
• Every homebuyer is required to take the physical possession of the building, apartment or plot within a period of 2 months of the issuance of the occupancy certificate for the said apartment, building or plot as the case may be.
• As provided under Section 17 (1) of the Act, every homebuyer or allottee shall participate towards the conveyance deed registration of the building, plot or apartment as the case may be.

How to file a complaint under RERA against the builder?

Any aggrieved buyer may file a complaint with the adjudicating officer directly or with the regulatory authority under Section 31 of the RERA Act. The complaint can be filed against the violation of any provision or any rules of regulations formulated under the Act against the

• Promoter
• Builder
• Contractor
• Real estate agent

Conclusion

The provisions of RERA are for the benefits of the developers and buyers both. The purpose behind the formulation of this act is to regulate the real estate sector in a cordial manner. The violation of any rights of the homebuyer entitles him to file a complaint with the RERA Authority of the state. The rights and duties of homebuyer under RERA Act allow the homebuyer to file a complaint for any non-compliance of any of the provision of the act against the promoter/ builder in a prescribed format along with the requisite fee.

While the act has majorly been implemented to look out the grievances of the aggrieved buyer, it also states the responsibilities of the homebuyers that are required to be fulfilled by them. It is equally important for the homebuyers to perform its duties properly in accordance with the act to fulfil the criterion of the agreement to sale while investing in the RERA project. It is important for the homebuyers to know the rights and duties so as to facilitate the development and growth of the real estate sector.

Also, Read: Transfer of Title under RERA