Do you know the rights you’re entitled to, after buying an apartment?

Do you know the rights you’re entitled to, after buying an apartment?
October 30, 2017 | Builder

While most of us get trapped in the haste of buying an apartment in Kerala, it is only natural to overlook certain important rights to which buyers entitled to, from the time of booking the apartment to the phase after which the apartment has been handed over to us. As we tick off one of the top priorities from our wish list- a flat in Trivandrum or an apartment in Kochi or a villa in Thrissur, being aware of certain significant rights, will only work to the buyer’s advantage. So before you begin to sign those endless sheets of documents, know all that you need to, about your apartment deal.

You need to have the eye of a hawk to keep track of all that is coming your way at the stage of booking your apartment as this is where people usually are the most susceptible to making mistakes or overlooking their basic rights. After booking an apartment, make sure the following things are in place:

Allotment letter & Booking Amount: Make sure an allotment letter is issued soon after the confirmation of your booking along with the receipt of your advance or of any other initial payments made. With the new RERA Act (yet tobe implemented in Kerala), the booking amount a builder can charge (i.e. before entering into an agreement) has been capped.

Construction Linked Payment Schedule: All customers are entitled to a payment schedule with a clear depiction of dates of each milestone that is to be crossed by the builder, prior to signing the agreement. It will be in the customer’s interest to opt for a construction linked payment plan as amount needs to be paid only after a particular construction stage is completed.

Statement of Accounts & GST Invoice: The builder must agree to send the statement of account to all the customers once in 3 months or as requested by the customer. After the introduction of GST, the builder should send the customer an invoice for every payment milestone as mentioned in the agreement.

Home Loan: Before executing the final agreement, the builder is responsible for providing home loan assistance to the customer if required so. In case a customer requires a home loan, the builder must issue a NOC (No Objection Certificate) and get into a tripartite / quadripartite agreement with the customer for the application of the home loan at the time of agreement. The Sale agreement needs to be registered.

Agreement Draft: The agreement regarding the execution for sale and construction of the apartment needs to be approved by the customer before executing the same. It will be wise to get copies of the floor plan, electrical &plumbing diagrams.

Car Park: Securing a convenient parking space is as important as anything elseyou would consider while moving into your new apartment. So make sure to confirm the allotment of car parking space that will be provided to every customer before getting into an agreement.

At Kalyan Developers, we have developed a Customer Portal, wherein the customer can login and get their invoices, statement of accounts, project progress photos etc. online, anytime. This is besides the friendly prompt service our customer care department offers to our customers.

Do you know the rights you’re entitled to, after buying an apartment

While you watch your apartment take shape during every stage of its construction, there will be a million things running through your head, all at once. But, the following are some of the important things you must not miss to follow up with your concerned builder.

  • The builder should send periodic project updates and photographs to customers on a monthly basis along with a progress report.
  • Once the projects are nearing completion, the builder has to send customers a possession intimation about the date of handing over which will allow customers to make necessary arrangements for moving in.
  • Once the customers have made all the payments as per the contract, the builder is supposed to fix the date for sale deed registration for each and every customer.
  • The builder is supposed to prepare and clear a snag list so as to invite the customer for a final inspection of the apartment. The inspection will be a pre-joint inspection by the customer and the CR department.
  • The builder has to issue a permission letter to all customers, for them to start the interior works of the apartment.
  • The possession certificate, Sale Deed, Warrant for fixtures etc. are to be provided by the builder at the time of handing over the key.

There are a lot more things you need to keep in mind after the luxury apartment is handed over to you. There are a number of Apartment Laws in India that vary according to each state and the apartment owners or residents need to be aware of all the laws and regulations that govern their future protection of rights. Here are some other details you need to keep in mind as residents of the apartment.

  • The builder has to initiate the ownership change process. The builder will have to submit an application to the corporation/municipality/panchayat to transfer the ownership of an apartment and undivided share of interest in the land to the purchaser.
  • The builders are supposed to form an association or housing society within 4 months of handing over the flats in the complex. This is set to change with the new RERA act, where in the association needs to be formed once 51% of units are sold.
  • If the builder forms an owner’s association with available members, then they will have to get the consent of all unavailable members and hand over the responsibilities to the association after one year. However, if the builder fails to form and register a society, then the residents can form the association on their own.
  • The association has to register themselves under a registration act, for eg. The owner’s associations have to register under the Thiru Kochi Act.Once the association is formed, the builder hands over the funds and the charge of amenities to the owner’s association.
  • Documents for Association: The builder must hand over the original sale deed, prior deeds, possession & location certificate, tax receipt, encumbrance certificate, Completion / Occupancy Certificate along with the As –Built plans (Electrical, Plumbing, Fire, Civil, STP). A contact list of all the vendors / contractors who have worked in the project. Warranty documents of common facilities such as Generator, Transformer, Lifts, Pumps etc. and any other equipment’s.
  • It is the builder’s responsibility to ensure permanent electricity connection for individual units and to change the name with the electricity board.
  • Builders in Kerala will have to ensure a common water connection for the project from KWA (Kerala Water Authority).
  • It is up to the builder to ensure he provides 1-year warranty post handing over. However, once RERA act comes in force builder will have to provide 5 years of structural warranty to the building.

Knowing your rights in detail will always help you and the builder maintain a healthy relationship for years to come. So, make sure you keep your eyes and ears open to ensure a clean and hassle-free experience while purchasing a new apartment.So be it flats in Trivandrum or Luxury flats for sale in Cochin or flats in Thrissur or apartments in Kottayam, enhance your buying experience by associating with established builders who have a strong legacy of trust, like Kalyan Developers who have exemplary projects developed in all major cities of Kerala.

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