builder-buyer agreement Archives - IND Real Estate Blog

Buying a home today stands out as one of the most important financial choices you will ever face. No matter what you decide to purchase, whether it’s a flat in a tall building, a plot in a township, or a piece of commercial property, one vital document will shape your legal link to the developer: The Builder Buyer Agreement (BBA). The BBA isn’t just a simple booking form or a receipt. It’s a document that acts as a binding legal contract between the builder and the buyer, laying out rules and obligations for both sides. This document includes details about the property you’re investing in, payment plans, deadlines for construction work, timelines for delivery, penalties in case of delays, and your rights when disagreements arise. Most homebuyers skip reading the Builder Buyer Agreement (BBA) before signing it. They miss key details, like clauses about possession dates, extra charges, or refund rights, that could impact them later. The Real Estate (Regulation and Development) Act of 2016, commonly referred to as RERA, mandates that builders maintain fairness and clarity in the terms of the Builder Buyer Agreement (BBA). Still, it’s up to you to review and understand the agreement before putting your name on it. This post will explain the BBA step by step. We’ll dive into what it includes, why it matters, and all the key details you should know. 6 Key Components of Builder Buyer Agreement (BBA) 1. Property Details The Builder Buyer Agreement (BBA) begins with describing the specific details of the property being bought. These details help spell out what is being purchased. Some key points usually mentioned are: Unit Type: Whether the purchase involves a flat, villa, plot, or commercial property. Unit Number/Location: The exact unit number, floor, and block or tower where the property is situated. Area Details: This section provides a breakdown of the super built-up area and the carpet area. The carpet area shows the total usable space inside the property. The super built-up area, on the other hand, adds up the walls and shared sections such as corridors, lifts, and stairs. Floor Layout: This explains or shows the property’s design in detail, covering room sizes, shared spaces, and features available. This information helps both the buyer and builder understand the property being sold. It clears up any confusion that could happen later. 2. Payment Terms The payment terms part in the Builder Buyer Agreement (BBA) explains the buyer’s financial responsibilities in detail. It includes the following: Total Sale Price: This part specifies the full agreed price of the property between the buyer and the seller. Payment Schedule: This section describes how payments will happen. These might be structured under different plans: a. Construction-Linked Payment Plan: Payments happen in stages based on milestones in the building process like completing the foundation, structure, or flooring. b. Down Payment: Buyers may pay a big amount upfront, with the rest being paid later following the agreed schedule. Time-based plan: Buyers pay based on a schedule set by the builder, often at fixed time points. Extra Costs: Payment terms include some additional expenses, like: External Development Charges (EDC) and Infrastructure Development Charges (IDC) to support public infrastructure projects. Stamp duty, registration fees, and taxes such as GST. Fees for maintenance and club access, which might include one-time or yearly payments. These terms explain the payment amounts, schedules, and methods, along with penalties or late fees if payments are delayed. 3. Construction Timelines The construction timeline plays a big role in the Builder Buyer Agreement (BBA). This part gives a clear breakdown of the construction and building schedule, explaining: Start Date: This is when the project or construction kicks off. Completion Date: This marks the expected finish of the construction work. Possession Date: This is when the buyer is meant to take ownership of the property. It happens after construction wraps up and requires approvals like the Occupancy Certificate. The timeline helps buyers know when they can expect their property to be ready to move in. RERA requires builders to promise a realistic finish date. Without good cause, major delays could lead to penalties. 4. Possession Dates The possession date marks when the buyer can take ownership of the property. This is significant as it concludes the waiting period and initiates the buyer's entitlement to reside in the property. The Builder Buyer Agreement (BBA) specifies the anticipated possession date and details the process for transferring the keys to the buyer. If the builder fails to deliver possession punctually, the Builder Buyer Agreement (BBA) mentions penalties. These penalties involve paying interest on the amount the buyer has already paid, starting from the due possession date. The date when possession happens plays a big role in deciding if a project satisfies expectations or creates trouble for the buyer. 5. Penalty Clauses Penalty clauses play a key role in the Builder Buyer Agreement. They safeguard the buyer's rights when the builder does not fulfill their responsibilities. These clauses cover the following: Delay in Possession: If the builder takes longer to hand over the property than promised, the agreement sets a penalty amount or an interest rate. The builder must pay this for each delayed month. Non-Completion of Project: Penalties may apply if the builder does not finish the project on time or delivers work that does not meet quality standards. Defects Liability: This clause makes the builder take responsibility to fix structural problems within a set period of 5 years, after the buyer takes possession. The buyer does not have to pay extra for these repairs. These penalties ensure the buyer is safeguarded if the builder does not follow the agreed terms and conditions. 6. Rights and Obligations of Both Parties The Builder Buyer Agreement (BBA) outlines what the buyer and builder can legally claim and what they must do. This helps make sure both sides understand what they are required to fulfill. Some of the key points include: Buyer Rights: Buyers can expect the property to match the agreed-upon details like size, design, and quality. They are entitled to get the property on the date they were promised possession. Buyers can demand a solution if the builder does not meet their commitments. Builder Responsibilities: Builders must finish the construction based on the agreed-upon plans and within the decided time frame. They need to secure all required approvals, such as the completion and occupancy certificates. All promised facilities and amenities in ads or brochures must be provided. These rights and obligations play a key role in protecting the interests of both sides and help prevent confusion or disagreements later on. Key Points to Check Before Signing a Builder Buyer Agreement The Builder Buyer Agreement outlines the terms tied to selling and handing over a property. Since this is an official document, buyers need to make sure of a few things. Check Your Personal Details Twice: Buyers should confirm that their name, father's name, address, PAN number, and Aadhar card have no mistakes. Fixing errors in a Builder Buyer Agreement takes a lot of effort. Check all Important Legal Documents: Homebuyers need to verify papers like the Commencement Certificate, Occupancy Certificate, Fire NOC, municipal permissions, and a sanctioned building plan from RERA before signing the Builder Buyer Agreement (BBA). Verified Property Has No Encumbrances: Buyers should confirm there are no encumbrances tied to the property. These are loans or mortgages associated with it. Buyers may request an Encumbrance Certificate too. This document lists past or current loans linked to the property. Default Clause: The buyer should make sure the agreement states what actions will follow if any party fails to meet their obligations. Under-Construction Property: When considering an under-construction property, buyers need to check that the builder fulfills the promises mentioned in the Builder Buyer Agreement (BBA). Possession Date: The agreement needs to specify the possession date. This makes it easier to claim compensation if there are any delays. Building Plan Changes: Builders must ask for your written consent before they change construction plans. This assists in safeguarding you against unforeseen alterations to your residence. Canceling the Deal: You should have the freedom to end the contract anytime if the builder fails to provide the needed documents or legal approvals without facing any extra charges. Wrapping Up the Builder Buyer Agreement The Builder Buyer Agreement (BBA) plays a major role in protecting homebuyers since it is a legal commitment for the real estate developer. Authorities need to create a uniform BBA template that meets RERA guidelines. Having a standard format ensures clarity and fairness in real estate agreements. RERA places greater accountability on sellers and developers. Even though, buyers must review every term and condition before signing anything.

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