Newly-built housing complexes in the absence of a society, some residents continue to lead life. However, like always within the society, with children playing in the park, people walking in the complex, etc., which should not be the case
Real Estate Agent from Hyderabad
In a bid to control the Corona virus outbreak, the Indian prime minister ordered a 21-day lock down that started on March 25, 2020, which has now been extended till May 3, 2020. Social distancing, which is crucial to avoid the spread of the virus, is being followed meticulously by housing societies across India barring a few. These exceptions are mainly people who belong to complexes that do not have a society in place that can enforce and take disciplinary action. Moreover, some residents continue to lead life like always within the society, with children playing in the park, people walking in the complex, etc., which should not be the case.
Who should maintain the society before OC is given for newly-built housing complexes?
Under Section 11 of the RERA, it is the developer’s responsibility to handle the maintenance, till the project is handed over to the society.
By when should a developer hand over the society?
Under Section 17 of the RERA, the developer must hand over the control to the residents’ welfare association, within three months of obtaining the occupancy certificate.
Who should implement COVID-19 rules in a housing complex?
Newly-built housing complexes that do not have a society in place. Consequently, may have trouble implementing rules pertaining to the entry of visitors. But, house helps and drivers, among others. In such cases, the onus falls on the developer of the complex. “Assuming it to be a newly-constructed building in a Real Estate Regulatory Authority (RERA)-registered housing project, compliance with Section 11 of the RERA Act will be mandatory. Under Section 11, till the time the maintenance of the project is handed over to the society, it is the developer’s responsibility to handle all the affairs. This transfer of control, under Section 17, must take place within three months of obtaining the occupancy certificate (OC).