Short Answer

A self-declaration of completion (Form-6 under RERA) by a builder has a significant impact on buyers' rights.

Detailed Explanation

Rule 4(2) of the Gujarat RERA Rules states that a builder must issue a self-declaration of completion in Form-6 to the buyer and the authority within 30 days of obtaining the completion certificate. This self-declaration signifies that the project is completed as per the approved plans and specifications. Once the builder submits this form, it indicates that the project is ready for possession by the buyers.

Section 19 of the Gujarat RERA Act provides that upon the issuance of the completion certificate and submission of the Form-6, the builder is obligated to hand over possession of the property to the buyers within the agreed timeline. This triggers the commencement of the buyers' rights, including the right to take possession, claim compensation for delays, and seek legal remedies for any discrepancies in the completed project.

In practice, the self-declaration of completion is a crucial document that marks the culmination of the construction phase and the beginning of the handover process. Buyers can rely on this declaration to assert their rights to timely possession and quality as per the agreed terms. Failure by the builder to issue Form-6 or comply with the completion requirements can lead to legal actions by the buyers to enforce their rights and seek appropriate remedies.

Real-world Scenarios

• Scenario 1: A builder completes a residential project and issues Form-6 to the buyers, indicating readiness for possession. The buyers can now legally demand possession and move into their units.

• Scenario 2: In a case where a builder fails to provide Form-6 despite project completion, buyers can file a complaint with the RERA authority for non-compliance and seek necessary actions against the builder.

• Scenario 3: If a builder issues a false self-declaration of completion leading to defects or delays in possession, buyers can seek compensation and legal recourse under RERA provisions.

Reference

• Rule 4(2) of the Gujarat RERA Rules

• Section 19 of the Gujarat RERA Act