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What Are My Rights as a Homeowner?

Posted by Balaji on February 24, 2021
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For most of us, buying a home is a lifetime achievement. It is indeed an exciting phase when you start looking for a dream home. Although your primary focus will be on the factors of comfort and convenience, you may not pay much attention to the legal challenges of home buying.

Some laws have been introduced by the government to protect the interests of consumers and allow transparency in real-estate transactions. A homebuyer also termed as an allottee is a person who acquires the plot or apartment through transfer or sale but does not include a person to whom such apartment/plot is given on rent. If you have a clear idea about your legal rights as a home buyer, you can avoid problems related to pricing and service delivery.

So, as a homebuyer, if you are looking to buy a new home, learn about your rights.

Right to be informed

Before buying home allottee has the privilege of receiving information from the concerned authority on legal sanctions, construction layouts, specifications, and other approvals.

Construction schedule

A homebuyer is eligible to know, in compliance with the terms and conditions of the sale agreement, details of the phase-wise completion of the project, including provisions for water, electricity sanitation & other amenities, and services as negotiated between the promoter and the owner.

Right for inspection

As a home buyer, prior to making the purchase, you have the right to inspect a property and ensure quality. In order to monitor the project’s progress, the allottee has the right to visit the project site.

Possession rights

The buyer of a home is entitled to claim ownership of an apartment, land, or building. The association of house owners shall be entitled to claim the common areas of possession.

Right to refund

If the property promoter fails to hand over the apartment, plot, or building, the allottee has the right to withdraw from the project and seek a refund, interest, and compensation. The National Consumer Disputes Redressal Commission (NCDRC) has held that if possession is delayed beyond one year from the date promised by the builder, buyers can demand a refund. According to the NCDRC, if projects are not completed within the specified deadline, the contractor will repay the entire sum with an interest rate of 10%.

Document possession

Homebuyer owns the right to have the necessary plans and documents including that of common areas, after handing over the physical possession of the unit.

Delays of Project

If a project is delayed and if the allottee does not plan to withdraw from the project, then for every month of delay, the developer will be responsible for paying the allottee monthly interest on bank loans as per the agreement. For under-construction projects, this applies.

Alterations in structure

A buyer may file a lawsuit against a developer if, without the permission of at least 2/3rd of the allottees, other than the promoter, who have agreed to purchase an apartment in a building, they make any significant structural changes in the approved plans, layout, fittings and amenities.

Benefits of hike in value

The buyer will reap the advantage of any change or rise in the value of the property and the rentals and income from the property after acquiring possession of the property from the seller. After the sale, the purchaser can have no claim on the property’s benefits.

Structural faults

If a buyer discovers some structural or flaw in workmanship within 5 years of the handing over of the ownership, without any further fee, the property seller will be responsible for repairing it. The allottee shall be entitled to collect compensation if the promoter fails to rectify the same within 30 days.

Registered conveyance deed

In respect of the allottee, the purchaser is responsible for performing a registered conveyance deed. The signing of the deed implies transferring the title of the property from the seller to the buyer. The seller is required to certify that the apartment is free of any legal obligations.  The buyer holds the legal rights of the property until the registration of the conveyance deed is done.

Before purchasing a house, know your rights. For any questions and further information, please comment.

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