Builder Delays and RERA Complaints
Does RERA cover only common areas promised by developer, or can it cover society management issues?
Written By: GatePal Analyst
Last Updated on
Short Answer
RERA can cover not only common areas promised by the developer but also society management issues.
Detailed Explanation
Section 3 of the Gujarat RERA Act states that the Act applies to both new and ongoing projects where the developer intends to develop a real estate project. This means that RERA covers various aspects of real estate projects, including common areas and society management issues. In practice, if a developer fails to deliver promised common areas or if there are issues related to society management, buyers can file complaints with the Real Estate Regulatory Authority (RERA) for resolution.
Additionally, Rule 3 of the Gujarat RERA Rules outlines the functions of the Authority, which include ensuring the protection of the interests of consumers in the real estate sector. This empowers RERA to address grievances related to common areas and society management issues faced by residents in cooperative societies. RERA can intervene to ensure that developers fulfill their obligations and that society management functions smoothly.
Real-world scenarios where RERA can cover society management issues include disputes over maintenance charges, unauthorized construction in common areas, or mismanagement by the society committee. In such cases, residents can approach RERA to seek redressal and enforcement of their rights. RERA provides a structured process for resolving these disputes, including hearings, investigations, and enforcement actions if necessary.
For example, if a developer fails to hand over the maintenance responsibilities of common areas to the society as promised, residents can file a complaint with RERA. RERA can then direct the developer to fulfill their obligations and ensure that the society can effectively manage the common areas for the benefit of all residents. This demonstrates how RERA's jurisdiction extends beyond just common areas to encompass society management issues.
Reference
Gujarat RERA Act: https://gujrera.gujarat.gov.in/
Gujarat RERA Rules: https://gujrera.gujarat.gov.in/
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