Buyers spend their hard-earned money to purchase the property, be it a home or any commercial property, and do not get possession of the property or face structural defects in the property. This issue creates financial loss and mental trauma for the buyers of the property. Anyhow, if the buyers manage to get possession of the property, they face another major issue: the structural defects in the property.
In 2016, to address the issue of the structural defects in the property and to create protection for the rights of the buyers of the property. The government introduced the Real Estate (Regulations & Development) Act; as per this act, Section 14(3), buyers can file a complaint for repair of the structural defects or can claim compensation. If structural defects appear in the property during the warranty period, then only the builders are liable to solve these. The warranty period, also known as the defect liabilities period, is the first five years after the possession of the property. Taking experts’ assistance in the evaluations of the structural defects helps the buyers to prove these defects more promptly in front of the RERA Authority. As well as taking legal help in the documentation for structural fault claims, it makes this process more time-saving and maintains efficiency in the process.
Why did you choose the Right To Law firm for RERA matters?
Our firm has a team of lawyers who have years of experience in handling the RERA cases, specifically handling claims related to the structural defects in the property. We provide legal assistance to buyers for collecting evidence for structural defects in the property; based on that evidence, buyers can claim for rectification of structural defects in the property. We also assist the buyers to make a claim for compensation if the builders refuse to solve the defects, as mentioned in Section 14(3) of the RERA Act.
Our lawyers make all the drafts and documents you require in this process. Like drafting formal notice for sending to the builder regarding structural defects. Our lawyers represent your complaint efficiently in front of the RERA Authority to get your desired results for the complainant. As builders, if you are facing any fake allegations from the buyers about rectification of structural defects or fake claims of compensation, don’t worry; our firm lawyers will assist you in making a strong defense against the buyers in front of the RERA Authority. To prevent you from any financial loss and mental trauma.
Types of structural defects and their risk factors in the property
Structural defects are mainly divided into three types: first are the construction defects, second are the material and equipment defects, and third are the electrical defects in the property.
Construction defects
Construction defects cover the cracks in the pillars and beams of the property, heavy leakage in the rooftop of the property, large wet patches on the walls of the property, and collapsing of any part of the property. Construction defects also include the improper tilling, uneven fitting of the doors and windows in the property and, mostly in the rainy season, water filling the internal part of the property like the basement or parking space. Construction defects cause a serious threat to the safety of the property, because long-term water leakage can cause harm to the main structure of the property. Cracks in pillars and beams are sometimes the first sign of the property collapsing.
Material and equipment defects
In the case where builders use poor-quality materials and equipment fittings for the property, like the tiles, windows, door, commode, washbasin, or any other electrical fittings provided by the builder, if they are defective, then it comes under the material and equipment defects. This effect looks like minor defects but it can also cause serious defects in the property because poor material tilling can cause leakage after some years in the property. Poor-quality windows and doors cause a security threat to the buyers of the property.
Material defects also harm the usability of the property; for example, builders promise to give amenities like a swimming pool and provide those amenities to the buyers. But the builder used poor-quality tiling at the time of building the swimming pool, and the tiling in the swimming pool was damaged within one year after the possession of the property. Now buyers can not use that swimming pool without the repairing, this shows how the material defects affect the usability of the amenities in the property for buyers.
Electrical defects
The term electrical defects covers the defects in the electrical fittings in the property. At the time of construction of the property, builders added major electrical fittings in the property. Such as water pumps, generators, electrical meters, earthlings, and wiring of the buildings from internal and external parts of the buildings. Other electrical fittings if the builders promise to give these extra amenities to the buyers, like switchboards, geysers, air conditioners, fans, lights, etc. if the major electrical fittings in the property are defective, then it directly affects the safety of the building. If the frequent short circuits happen in the property, it can directly raise the risk of electrical fire in the property, which can directly create life risk for the buyers. Wrong earthings can also cause the electrical current in the walls and sometimes even in the water tap in the property. Defective water pumps and generators also create the risk of fire in the property.
Why are the expert evaluations required for the structural defects in the property?
Once you notice the structural defects in the property, there is a need for expert evaluations or opinions of them. This expert’s opinion helps you to understand the seriousness of the defects. After the completion of evaluations, experts provide the reports that help as evidence in the court when you need to file a complaint against the builder. Before filing a complaint under the RERA Authority, by showing this report, you can firmly approach the builders and ask for repairs for this damage.
Structural expert evaluations
Once you notice the structural defects in your property, you need to take expert evaluations on those structural defects. You need to hire a professional person to check those defects deeply and identify the weaknesses of the property that come due to those structural defects. Structural evaluations are detailed analyses of the property by the structural engineers; they evaluate the defects in the building.
- Structural engineers first check the visible signs of defects, like identifying the big cracks on the pillars and beams, corrosion and the quality of the main foundation of the property.
- Structural engineers evaluate the capacity of the property they check due to the structural defects. Is the bearing capacity of the property affected or not?
- Structural engineers collect the samples of the materials in the property for testing; with that, they understand the quality of the property and its strength and durability.
- If any material defects come in the property, experts check if that material defect is affecting the structure and foundations of the property.
- In case of electrical defects, experts with their evaluations find the exact reasons for those defects in the property. Experts also provided advice on how to solve those electrical defects in the property.
- Structural defects experts also check if the quality of the property meets the safety standards that are provided under the RERA Authority or any other local authority or what the best practices are for quality in the real estate sector.
- Nowadays, experts use advanced software to understand the root of the structural defects in the property. This software helps to understand more accurately the simulated force and stress points in the property that come due to the structural defects in the property.
Once the evaluations are completed based on this checking, experts provide the detailed reports that show the seriousness of the defects, the risk created for the property due to these defects, and the recommended repairs. As buyers, if you notice the structural defects in the property in the warranty period of the property,. then you first need to send the formal notice to the builders regarding the structural defects and demand the repair of the defects in the property in a decided timeline. If the builder solves these defects in the 30 days after receiving formal notice from the buyers, then you don’t need to move forward to the next steps. But if the builders refuse to solve these defects, then you can file a complaint against the builders for repairing these defects.
Required documents for structural fault claims
For filing a complaint, you need some evidence and documents to prove your claim is true and genuine.
Sales Agreement
Sales agreement is required because it shows all the terms and conditions promised by the builders to the buyers. It includes the date of the possession of the property, quality standards promised by the builders, and ownership of the property.
Possession certificate
Possession certificates mention the date of possession of the property, which helps to identify the structural defects that come under the warranty period of the property.
Experts’ evaluations reports
Detailed expert reports on structural defects describe the solemnity of each defect and show how it affects the foundation of the building.
Photographic evidence
You need to take clear and visible photos and videos of the structural defects in the property, with the exact time and date of those videos and photos. These photos and videos are used as evidence to prove your rectification and compensation claims in the court.
Records of builders’ communications
Copies of emails or letters and notices you send to the builder to rectify the structural defects and all the repair requests and acknowledgements.
FAQs – Structural Defect Claims under RERA
What is the defective liabilities period as per the RERA Act?
As per the RERA Act, the builder’s defective liabilities period means the first five years after giving possession of the property to the buyers. In the defective liabilities period, if any structural defects come under the property, then builders need to solve those defects within 30 days after receiving notice from the buyers. If the builder fails to do this, then the builder is liable for penalties as per the RERA Act.
Which defects does the RERA Act exclude from the definition of structural defects?
People mostly think all the defects that come under the property in the warranty period count as structural defects. No, this term does not cover defects that come due to natural calamities in the property. There is a timeline to rectify this issue, but sometimes defects are major, and then it will automatically take more time to solve for builders, which is considerable under the RERA Act. Builders are only liable for five years for solving defects in the property; after that, builders are not liable for solving any defects in the property.
What are the builder’s responsibilities under the RERA Act?
It’s the responsibility of the builders to give the possession of the property in the decided timeline. If any structural defects come in the property within the warranty period, then solve those defects by spending their own money and within the decided timeline. Use the quality materials and equipment in the construction of the property and maintain the high standards of workmanship.
Which common misunderstanding about RERA registration property projects?
Common misunderstanding about RERA-registered property projects is that RERA-registered projects are RERA-approved projects. Registration is the first step for the approvals; additional security and documents of the project are required.
What are the structural defects in the property?
Structural defects means any defects in the construction of the property, like cracks, any part of the property collapsing, or leakage in the rooftop of the property. It also included material and electrical defects in the property. Material defects means using the poor qualities of the material for construction of the property. Electrical defects mean fitting low-quality electrical equipment in the property like water pumps and generators.