Home Inspection and RERA in India

RERA and Home inspection can go hand in hand if RERA wants to minimize the complaint of defects under the RERA 14.3 clause.  Mr. Nimish Gupta (MD, RICS South Asia) clearly said in his article “The need for an on-ground RERA inspection professional”    

RERA 14.3 Clause

Under the RERA 14.3 clause, the promoter or developer will be responsible to repair any defects brought to notice by homebuyer within 30 days for 5 years from possession. If the developer failed to do so within 30 days, a homebuyer shall be entitled to receive compensation under RERA 14.3 clause.

Availability Of Professional

As per data available on statista.com total 2,45,860 units of residential apartments sold in India for 2019. Only in Mumbai, approximately 60 thousand plus apartments sold every year. As per MAHARERA annual report 2018-19 only 4 Technical officer/ Ex. engineer is working with MAHARERA.  As per report team of technical professional is not too large, compared to the number apartment numbers that they expected handle only in Mumbai. To over come this challenge, RERA can allow RERA certified home inspectors to perform home inspection before or after possession likes Dubai RERA. 

Home Inspection During Possession Process

Home inspection is non-invasive, visual examination of all accessible areas of home or apartment or property. Home inspection is performed by a home inspector who has certified to perform inspection. A professional home inspector will examine a present condition of home. Home inspector will check the proper functioning plumbing system, electric system, etc. During inspection inspector will assess the system and major components defects and deficiencies during his/her inspection. Home inspection will ensure that any quality or standard issues can be noted before possession.

Home Inspection Report

Home inspection report is written document with defect photos a home inspector will deliver after home inspection completed. Home inspection report is a formal document to notify the defects to the developer or builder. Before the possession, a homebuyer can ask a developer to rectify all the defects mention in the home inspection report before accepting the final possession of the apartment. This report can produce proof of defects.

Home Inspection And RERA 14.3 Clause

The home inspection will protect a home buyer from any pre defects in home before possession.  Home inspection is a very necessary process regarding RERA 14.3 clause. Home inspection can be a formal document for to find out any pre-possession defects available in property. Most of the developers repaired the defects mention in the report. This defect can damage once again after regular use. Because of home inspection report, developer can never blame home buyer saying that the issues arise because of improper maintenance. Home inspection report gives RERA an evidence of the quality of workmanship and good quality or substandard material is used by the developer. To determine the validity of the claim under Section 14.3 of RERA, RERA can refer to this home inspection report.

By implementing third party home inspection under RERA, it will be going to benefits all stakeholders including home buyers, regulatory authority, developers, consultant, etc. RERA and home inspection can create absolute transparency in every stages of projects in terms of construction quality. RERA and home inspection also going to minimize the complaint under clause 14.3 if developer is accepting the home inspection report and repair or replace the defects mention in the report.

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