You are likely to be able to hold your builder accountable for structural damage to your flat if it is because of faulty designs or poor-quality works.
The Brihanmumbai Municipal Corporation’s (BMC) general body passed a resolution stating that developers must stand guarantee for construction quality for the first 10 years of a new construction, starting from the buyer’s date of possession. Municipal Commissioner Jairaj Phatak is expected to forward it to the state in a fortnight.
The BMC will ask developers to sign an agreement with the purchaser or included it in the agreement of sale, ensuring the builders are legally bound to repair major structural damages and minor faults like leakages and cracks.
The civic corporation has said it would reject building plans or deny occupation certificates to builders who refuse to fall in line. The BMC approves construction plans for new buildings and no developer can start construction without the go-ahead.
Phatak will study the plan after which he will forward it to the state government. “I know the proposal but I have not gone through it so far,” he said. The state government, which will take the final decision, will have to amend the relevant urban development acts to implement the plan.
Bandra corporator and advocate Manmohan Chonkar who initiated the resolution said: “We get guarantee/warranty for fridge, television set or brand new car.”
“I felt flat buyers should also get the same quality assurance. It’s appalling… people spend lakhs of rupees on buying property sans any guarantee,” said Chonkar.
Developers do not approve of the plan. A city developer, who did not want to be named, said giving a guarantee would mean extra cost.
“The real estate business is already in trouble. This proposal, if approved, will add to our woes.” Another city builder, requesting anonymity, said: “As of now we verbally assure customers to repair minor leakages for the first three years.”