Short Answer

Yes, even if your project was built before RERA came into force, you can still use RERA to file a complaint.

Detailed Explanation

Rule 3(1) of the Gujarat RERA Rules states that ongoing projects which have not received a completion certificate before the commencement of the Act are required to be registered under RERA. This means that projects built before RERA but without a completion certificate fall under the purview of RERA for registration and complaints.

Section 3 of the Gujarat RERA Act, 2016 empowers the Real Estate Regulatory Authority to regulate and promote the real estate sector, ensuring transparency and accountability. Therefore, even if your project predates RERA, any grievances related to the project can be addressed through the RERA complaint mechanism.

In practice, individuals facing issues with pre-RERA projects can file complaints with the Gujarat RERA Authority regarding delays, quality concerns, or any other violations of the Act. The Authority will investigate the matter and take necessary actions to resolve the complaints in accordance with the provisions of the Act.

For example, if a homebuyer faces delays in possession of their property in a project constructed before RERA, they can file a complaint with the Gujarat RERA Authority seeking redressal and compensation for the delay. The Authority will investigate the matter, ensure compliance with RERA provisions, and provide relief to the aggrieved party.

Similarly, if a cooperative housing society encounters issues with a pre-RERA project, such as incomplete amenities or deviations from approved plans, they can utilize the RERA complaint mechanism to seek resolution and enforcement of their rights under the Act.

Overall, the Gujarat RERA Act and Rules offer a platform for addressing grievances related to real estate projects, including those constructed before the enactment of RERA, ensuring consumer protection and regulatory oversight in the sector.

References

• Gujarat RERA Act and Rules: https://gujrera.gujarat.gov.in/