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Relief for housing societies as developers held accountable for unsold inventory expenses.

GujRERA Rules: Builders Must Pay Maintenance for Unsold Flats After BU Approval.

The Gujarat Real Estate Regulatory Authority (GujRERA) has ordered that builders must pay maintenance charges for all unsold housing units from the date Building Use (BU) permission is granted until those units are sold. The ruling came in a case involving a housing society in Vastrapur, Ahmedabad, where residents complained that the developer had failed to pay maintenance for unsold flats, increasing the financial burden on existing members. GujRERA observed that since the promoter remains the owner of unsold units, they are equally responsible for contributing to common expenses such as security, cleaning, lifts, and other shared services. The authority relied on Sections 11(4)(g) and 17(1) and (2) of the Real Estate (Regulation and Development) Act, 2016, which define the promoter’s obligations after possession and completion. The order directs the developer to clear all pending maintenance dues and reinforces that promoters cannot escape liabilities for unsold inventory once BU permission is granted. This decision is expected to benefit many housing societies across Gujarat.