Pre-Defects Home Inspection and Defect Liability Clause in RERA

Pre defects home inspection is an inspection done before possession of a property or immediately after taking the possession of your property before doing any interior work. Article on Realtynxt “MAHARERA denies to admit any post possession complaint” about incomplete work. To insure the defect free and properly finish apartment owner must avail the pre defects home inspection.  Pre defects home inspection also going to help home buyers during the Defect liability clause (RERA 14.3 Clause) period. To minimize potential headache during defects liability clause period, here is simple guide

Why Pre Defects Home Inspection?

MAHARERA Chairman Mr. Gautam Chatterjee said in his one of the order that “Since the complainants have already taken possession of their respective apartments, the complaint pertaining to incomplete works in their apartment cannot be entertained.” Here developer also said that ” we have completed the work regarding the apartments that have been given to the homebuyers.”  In this project, not a single home buyer has taken home inspection service during their home possession process.  If homebuyers avail the optioned of home inspection, they have the comprehensive home inspection report backed with every defect’s photo available in their property before the possession. Home inspection report can benefit home buyers if they want to claim warranty under RERA defects liability clause (RERA 14.3 clause) for their home. The home inspection report can show all the pre defects in home or flat because of incomplete and improper finishing by the developers.

 

RERA Defect Liability Clause

In simple word, defect liability clause is warranty against defects arise in flat or house has to be rectify by the developer or promoter with no further cost for 5 years after possession. RERA Defect liability clause is come to enforce when home buyer received the defect free possession of home or apartment. To ease the process, the buyer can submit the home inspection report to the developer for notifying the defects under defect liability clause.

Defect Liability Clause & Pre Defects Home Inspection

In our last blog we have mentioned that “RERA and Home inspection can go hand in hand if RERA want to minimize the complaint of defects under RERA 14.3 Clause”. This are the very initial days of RERA implementation in India. There are very limited projects are hand over to the home buyer under RERA regime. Because of this we don’t have much data about how many complained filed under the defect liability clause 14.3 with RERA. There will be a lot of complaints in defects liability clause 14.3 once the large nos of projects going to hand over in the coming years under RERA. In this scenario there will be a lot of dispute regarding defects are occur in the home are due to poor workmanship or improper maintenance of the home by the owner?  To minimize this dispute home inspection report can be a vital document. The home inspection report has all the pre defects available in a particular home or project. We are in PropCheckup provide the home inspection report describe the defects that arise due to poor workmanship or damaged material and equipment used. This can help the regulator to take informative decisions.  This available data in the home inspection report can help the home buyer to put their view in front of regular that “all defects are already submitted to the developer with proper photos of every defect at the time possession process.” This will help home buyers in case if developers said that defects occur due to improper maintenance of the flat in front of the regulator.

   This way home inspection will benefits regulator and home buyers and other stakeholders in the whole real estate industry. 

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