When Can Builders Ask for Maintenance?
In many residential projects, developers collect a maintenance fee before the buyer receives the keys. This fee is meant to cover security, cleaning, lift maintenance, landscaping and other common‑area services until the residents’ association assumes responsibility. The key question is whether the demand is authorised by the sale agreement and the applicable state RERA regulations.
How to Verify the Demand
A buyer should request a detailed, written breakup that shows:
* The maintenance rate per square foot or per unit. * The exact period for which the fee is being collected. * The services covered under the fee. * Whether the amount is a recurring charge or a one‑time advance deposit.
Separate charges such as a corpus fund, sinking fund or facility‑management fee should also be itemised. If a large lump sum is demanded, ask for a written calculation rather than relying on verbal explanations.
Legal Framework Under RERA
RERA does not prescribe a single maintenance rate or a fixed formula for advance collection. The amount, period and collection mechanism can vary by project and state. The sale agreement is the first document to consult. Possession is tied to the project’s occupancy or completion approvals, and the promoter must comply with RERA’s requirements.
State‑level RERA orders have addressed this issue. For example, Karnataka RERA held in 2023 that a developer remains responsible for common‑area maintenance until an occupation certificate is obtained and an association of allottees is formed.
What to Do If You Disagree
If the demand appears inconsistent with the agreement or RERA rules, raise a written objection and seek clarification from the builder. Keep all correspondence, demand letters, payment receipts and the agreement for reference. If the dispute is not resolved, approach the relevant state RERA authority.
A buyer should not automatically refuse every maintenance demand. If a valid possession offer has been made after the required approvals and the agreement explicitly provides for maintenance from that stage, liability may arise even if the buyer delays taking possession.
Practical Tips for Homebuyers
1. **Compare the demand with the agreement** before making any payment. 2. **Verify the project’s approval status** – possession is only lawful once the necessary occupancy certificates are in place. 3. **Ask for a written calculation** of the maintenance fee. 4. **Keep copies of all documents** – demand letters, agreements, receipts and correspondence. 5. **Seek legal or RERA assistance** if the builder’s demand is unclear or appears unlawful.