RERA and Timely Possession: Holding Developers Accountable

The Real Estate Regulatory Authority (RERA) has emerged as a crucial regulatory body in the real estate industry. It was established to protect the interests of homebuyers and promote transparency and accountability among developers. One of the critical objectives of RERA is to ensure the timely possession of properties to homebuyers. In this article, we will delve into the significance of RERA in holding developers accountable for delivering projects on time.

Timely Possession: A Fundamental Right of Homebuyers

Timely possession of the property is a fundamental right of every homebuyer. Unfortunately, delayed possession has been a significant concern in real estate, leaving homebuyers in distress. Recognising this issue, RERA mandates that developers complete their projects within the agreed timeframe.

The Role of RERA in Ensuring Timely Possession

RERA is a regulatory authority overseeing the real estate sector and ensuring compliance with the set guidelines. The key provisions of RERA that hold developers accountable for timely possession are as follows:

Registration of Projects

Under RERA, developers must register their projects with the respective state's regulatory authority. This registration process requires developers to provide accurate details regarding the project, including the estimated completion time.

Escrow Account

RERA mandates developers to open a separate escrow account for each project. All funds received from homebuyers must be deposited into this account. The utilisation of funds is strictly monitored, ensuring that they are utilised only for the specific project.

Timelines and Disclosures

Developers must disclose crucial information about the project, such as the estimated time for completion, stage-wise construction plans, and possession date. These timelines must be adhered to, and any changes or delays must be communicated to the homebuyers and regulatory authorities.

Penalty for Delay

RERA penalises developers for delays in completing the project. The penalties may include a percentage of the project cost or imprisonment, depending on the severity of the delay.

The Final Word

Ensuring timely possession of properties is a critical aspect of the real estate industry, and RERA plays a vital role in holding developers accountable. Through its provisions, RERA empowers homebuyers by promoting transparency, accountability and providing remedies in case of project delays. Furthermore, by upholding the principles of RERA, developers are compelled to fulfil their obligations, ultimately benefiting both the homebuyers and the overall real estate sector.

Frequently asked questions

1. Can homebuyers seek legal recourse under RERA for project delays?

Ans: Homebuyers can approach the respective state RERA authority and file a complaint against the developer for project delays. RERA provides a platform for dispute resolution and ensures that developers are held accountable for their actions.

2. Does RERA apply to all real estate projects?

Ans: RERA applies to new and ongoing real estate projects, ensuring that developers comply with the regulations and fulfil their obligations towards homebuyers. However, the specific applicability of RERA may vary from state to state, so it is advisable to check the rules and regulations of the respective state RERA authority.

3. What happens if builders delay possession in RERA?

Ans: If the builders delay possession as per RERA possession date, homebuyers can claim the delay compensation or even get the entire payment refunded. According to RERA, builders have to abide by the possession schedules, those who do not comply may be penalised and also brought into legal action against them. RERA penalties act as a deterrent for any non-compliance.

4. What is the limitation period under RERA?

Ans: The RERA limitation period for claims concerning delays or defects usually is about five years from the date of possession. This framework is such that property buyers can address issues, such as the project's completion or quality within a reasonable period. RERA rules for possession ensure that builders adhere to the timelines.

Rera Rules for Possession: Holding Developers Accountable

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