AHMEDABAD: The Gujarat Real Estate Regulatory Authority (GujRERA) has ruled that developers are required to pay maintenance charges for unsold units to housing societies from the date that Building Use (BU) permission is granted until those units are sold.
In a case involving a housing society in Vastrapur, GujRERA stated that the promoter is responsible for ongoing maintenance of any unsold flats or units. This ruling came after the society reported that the developer had not settled maintenance fees for these unsold units, placing an additional financial burden on current residents.
The complaint indicated that BU permission was obtained in 2019. The society argued that since the developer still owns the unsold units, they, like other allottees, are obligated to contribute to shared expenses and maintenance fees. A consultant noted, “This judgment will affect numerous societies; non-payment by the developer shifts the responsibility of maintaining common areas onto the residents who have already moved in.”
Upon review, GujRERA mandated that the developer pay the outstanding maintenance fees for the unsold units to the society, referencing the Real Estate (Regulation and Development) Act of 2016, specifically Sections 11(4)(g), 17(1), and 17(2).
This decision underscores that promoters cannot evade maintenance fees for unsold inventory after obtaining BU permission.
