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Kanhaiya Lal Lakhiani
in Civil Law Property Law
Asked June 20, 2017

Guidelines for loss caused to property by swimming pool above the flat

  • 1 Answer

I am buying a flat on 9th floor. Company gave me typed copy of sale deed of 30 pages in English which I can't understand. I told compny to give me in writing according to new rule guarrentee for any defect or any loss caused by swimming pool above my flat. Will you tell what's new rules & regulation & name of rule. Thanking you Kanhaiyalal

Answer 1

Sir the Act that governs all real estate transactions in contemporary times is the Real Estate

(Regulation and Development) Act of 2016. Section 14 clause (3) of the said Act lays down that

any structural defect or defect in workmanship etc. must be brought to the notice of the Promoter

of the building within 5 years by the buyer (allottee). The Promoter then, in turn, has the duty to

rectify these defects within a span of 30 days, failure of which the buyer may be entitled to


In this regard, if you discover any defect in five years caused due to the swimming pool you

can invoke the above-mentioned Section of the Real Estate Act 2016 and get it rectified. Also

you must make sure that the sale deed has a provision relating to the same. For example, a clause

must be added that roughly states the following “any structural defect must be brought to the

notice of the promoter in a manner mentioned under the Section 14 of the Real Estate Act and

due action must be taken in consonance with the procedure established by the same.”

Agree Comment 0 Agrees over 3 years ago

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