Maharashtra Releases RERA Rules For Public Suggestions, Buyer Groups Allege Dilution


From leading the race to formulate the draft rules to missing out on both October 31st and November end deadlines for notifying the rules, Maharashtra had surprised the buyer groups in the state. Image- istockphoto.com

After missing out on the first two deadlines, the Maharashtra government has finally come out with its version of RERA rules. The rules of Real estate (Regulation and Development) Act, 2016 have been published by the housing department on 9th December. They will be open for public suggestions and objections until 23rd of this month.

 

Some of the salient features of the draft rules are as follows:

  • Deemed conveyance under MOFA exists
  • Parking spaces can be sold by the promoter at consideration
  • All projects where occupancy certificates to all the buildings under sanctioned plan not received needs to be registered with authority.
  • Registration exempted for renovation, repair or redevelopment which does not involve marketing, advertisement, selling or new allotment of any apartment or structural repairs, rehabilitation buildings being constructed under any scheme of law.
  • Maharashtra Ownership of Flats Act or (MOFA) is repealed.

 

While the officials from the housing department are claiming that the rules are framed keeping the interests of the buyers in mind. Buyer groups and activists feel otherwise.

 

Fight for RERA member Prakash Paddikal feels that the rules have been diluted.

''The rules don't take into consideration all our demands. For instance, people who want to undergo redevelopment get no protection from this.  The authorities responsible for causing delays have not  been brought under the purview of the act. Also, the registration fees  for real estate projects which are Rs.1 per sq. meter for a project where the area of land proposed to be developed is less than 1000 square meter and Rs. 2 per square meter where the area is more than 1000 square meter is ridiculously small. These are our initial observations, we will be studying the rules in detail now.'' 

 

Noted property Lawyer Uday Wavikar feels that consumer interest is diluted in the RERA rules published by the government.

“ Deposit in the escrow account is from now onwards. So what happens to the projects which are not yet completed? They have allowed the developer to change the plans if permitted by the authorities, this is a clear case of injustice on the buyers. Besides now parking space can be sold by the developer which is against the MOFA. Moreover, the state level appeal will go to the respective high court of the state. Instead of this, we had demanded a creation of separate authority like NCDRC to hear the appeal.''

 

Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association (MSWA), says that though the rules have clarified some things, there are still a lot of ambiguities which need elaboration. 

“The rules state that conveyance to be given by apex body after completion of the last building in the layout. The developer may not complete last building to explore additional FSI. Rules also exclude conveyance of government bodies like MHADA, CIDCO, NIT etc stating that it will be as per the provisions of the respective acts related to them.''

 

Some of the activists also pointed out that rules don't seem to allow criminal proceedings against the developers.

 

The PDF of draft rules is available on the government website. Any suggestions or objections can be sent via email to suggestionsonrera@maharashtra.gov.in or through post addressed to Principal Secretary, Housing Department, Mantralaya, Mumbai 400032.

 

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26 thoughts on “Maharashtra Releases RERA Rules For Public Suggestions, Buyer Groups Allege Dilution

  1. The Rules as drafted presently leave the buyer with little safegaurds as there are too many loopholes as aptly pointed out by Mr. Ramesh Prabhu. The RERA rules were to meant to primarily safeguard buyers, which has not been achieved here by a long shot. Loopholes were to be plugged in the buyers interest, and this has been overlooked in the current dfart

  2. Land link India manoj: RERA "Builders and agents are made accountable. What about those who are responsible for giving permissions for the project? All agencies (civic body, collector's office and government administration, specially architects) should be brought under the Act. Many projects are delayed or stuck because of delays in getting permissions and clearances. If these government agencies are brought under the Act, the process will become more transparent and effective,"Manoj
    9833992323

  3. 1)AS MENTIONED IN THE ACT, PROMOTER CAN DELAY THE PROJECT ONLY IN CASE OF MAJOR FORCE (THAT IS EARTHQUAKE OR FLOOD OR SO) BUT IN THE RULE THERE IS NO SUCH EXPLICIT PROVISION WITH REGARD TO DELAY OF THE PROJECT2) THE FEE STRUCTURE FOR PROMOTER IS EXHORBITANTLY LOW WHEREAS ON THE OTHER HAND IS EXTREMELY HIGH FOR REAL ESTATE AGENTS THERE IS NO MATCH BETWEEN THE TWO FEE STRUCTURE3) MONEY WHICH HAS ALREADY BEEN COLLECTED BY SELLING OF PREMISES DOES NOT COME UNDER THE PURVIEW THIS MAY LEAD TO UNUSUAL TRANSACTION WITHIN 3 MONTHS OF THE SECTION 3 OF REAL ESTATE(REGULATION AND DEVELOPMENT)ACT,2016 BEING IMPLEMENTED4) RULES HAVE MENTIONED THAT AGREEMENT WHICH HAVE ALREADY BEEN ENTERED INTO WILL NOT BE AFFECTED. THIS GIVES PROMOTER A SPACE TO CHANGE THE PLANS ALREADY APPROVED WITHOUT OBTAINING THE NECESSARY PERMISSION OF THE ALLOTTEESCONCLUDING THAT THERE EXISTS STILL A LOT OF LOOPHOLES EXCEPT THE ABOVE MENTIONED IN FAVOUR OF THE BUILDER THE MAHARASHTRA GOVERNMENT SHALL MAKE THE NECESSARY  IN THE RULESPARAG SHAH9773366992RERA CONSULTANT

  4. By this immense care of builders was taken care instead of purpose of Act. Buyers being not considered while drafting this Rules. So, needs to take effect according to RERA Act. It was not very clear on various points and same was overlooked by authorities. 

  5. Maharashtra govt delayed it..bargained it with builder and made a ffs draft….which says about builder only.. if a week delay in payment..builder can simply terminate registration and send a mail..and return money with 6 months luxury..what a bullshitttt…now parking can be sold….so many favours to builder..center made a good RERA proposal…MH gov made it shit for buyers and butter for builders … what a shame to gov.. 

  6. In the RERA there are many loophole & not having transparency to the buyers.e.g.  Buyer can not check the track record of builder, if any flat is sale multiple persons, what will be action against builder, ect.

  7. There are so much ambiguities. lengthy process & exaboritant modus operandi unless the Govt agencies/ authorities have been brought under purview of this Act to become the process more transperent & effective,1) Which caused slow progress of building industry,2) Purpose of abolish corruption cant achieved, in fact the level might have touch at highest level by the harressment and black mailing the Promoter by the hands of Govt agencies as well as prospective buyers.3) The cost of the project increase drastically and the quantum of production shall also adversely affected, so the purpose of reducing the price cant be enjoyed.4) Resulting harmfully affect the various small and medium scale industry including labour wages 5) Ultimately negative effect will be reflected in the growth chart of the country6) Creation of so much litigations resulting will found heavy traffic in judiciary process7) Introduction of simplified equations for rapid progress of the industry, which will played vital role for the developement of the country

  8. Its amazing that Maharashtra Government is from Builder's side. Even they have blocked the court for giving justice to the buyers. Everyone knows how builders behave with the buyers. Its really disgusting. Centre gives directions and sets up the norms to protect the buyers and Maharashtra Government is working exactly opposit to that. I am puzzled even if it is in force for the present cases filed in the consumer court for justice. As per norm, consumer court need to give decision faster say in 3-6 months. On contrary, in Maharashtra they are give next dates of 3-4 months later. Where should the buyer go for justice? Maharashtra Government should take all the pros and cons before putting the new act in force. Secondly, buyers are scattered and builders are having their own legal team and man force to pressurize builders. This is ridiculous act.

  9. I cant belive person like mr phadanvis part of modi govet can pass such wrong billby all means builder are cheating to poor customer and this bill is 100% in favour of builder agreement totaly one sideafter taking 30 or 10% they take sign of customer parking not sellthey dont give receipt for amount paidfake promise on possetionnot hand over all req document to customer where as percentage developer should banned or strong rule must applyi will salute and whole maharashtra will salute m gov for bill in favour of buyer only

  10. IF YOU HAVE KEPT REGISTRATION FOR ESTATE AGENTS MAKE SURE THAT EVERY ESTATE AGENT SHOULD OPERATE FROM HIS OFFICE AND NOT HOMEMINIMUM 10TH STD PASSMINIMUM KNOWLEDGE OF ENGLISH AND REAL ESTATE RULESSHOULD COMPULSORILY HAVE A GUMASTA CERTIFICATE-REGISTERED UNDER SHOPS AND ESTABLISHMENT ACT-BMCSHOULD HAVE AN ACTIVE CURRENT ACCOUNT WITH THE BANK

  11. Builders are taking buyers for a ride. Even while there is a penalty clause in our agreements they refuse to pay the buyer the agreed amount in the contract for the delay in possession and say it was beyond their control, whereas the reputed builders are responsible solely for the delay. The builder do not want to loose control over the flats and want to take control over the complex and charge very high charges as maintenance for 2 years after possession. This amount can be double the charges over the mentioned charges in the agreement and do not have any justifications, This should be controlled. Also the facilities like gym, swimming pool etc. are not available at the time of possession but are charges. The builder must be held responsible for delay in providing these facilities. Free facilities like intercom etc. are linked with mobile service providers and cannot be availed till we do not take broadband or DTH services, this is to earn additional income and are put as conditions on the buyer by big builders. 

  12. IT SHOULD BE COMPLUSORY TO REGISTERED ALL PROJECT UNDER THIS ACT, CAUSE THERE IS MULTIPLE PROJECT IS IN UNDER CONSTRUCTION FROM LAST 10 TO 15 YEARS, AND DUE TO THIS BUYERS ARE HELPLESS AND EVEN THEY ARE FACING DOUBLE TRIPLE FINANCIAL LOSS DUE TO PROJECT DELAY.GOVERNMENT SHOULD EITHER PROVIDE CC, OC AND OTHER CLEARENCE ASAP OR DEMOLISH THE PROJECT AND REFUND THE MONEY TO BUYERS WITH INTREST. SO MAIN POINT IS THAT ALL PROJECT WHICH INCLUDES NEW,UNDERCONSTRUCTION, PENDING FOR CC,OC SHOULD BE REGISTER UNDER THIS ACT, AND THERE SHOULD BE CLEAR GUIDLINES FOR RESOLVING THE ISSUE WITHIN 30 TO 90 DAYS.

  13. 1. All title clearance papers should be on website of developers.2. Carpet area as per agreement with max. 2% deviation.3. All flat owners should get one car parking at nominal rate.4. Conveyance should be done within 3 months of oc

  14. Dear Sir, I had sent the detailed querrys / sugesstions  in regard to Housing Dept. circular  :-HOUSING DEPT.    No. REA. 2016/CR No.79/DVP-2   
    Not covered below clause in Agreement for sale format, which has been incorporated in Draft agreement for sale   No. O-17034/18/2009-H (Vol. X) / FTS No. 16083  Government of India Ministry of Housing & Urban Poverty Alleviation (Housing Section)  Dated August 02, 2016              
    a. The Promoter is fully competent to enter into this Agreement and all the legal formalities with respect to the right, title and interest of the Promoter regarding the Said Land on which Project is to be constructed have been completed; b. The ___[Please insert the name of the concerned competent authority] has granted the commencement certificate to develop the Project vide approval dated ___ bearing no. _____; 
    c.  The Promoter has obtained the final layout plan approvals for the Project from _[Please insert the name of the concerned competent authority]. The Promoter agrees and undertakes that it shall not make any changes to these layout plans except in strict compliance with section 14 of the Act and other laws as applicable; 
     
    d. The Allottee had applied for an apartment in the Project vides application no. ____ dated ____and has been allotted apartment no. ____ having carpet area of ______ square feet, type ___, on ____ floor in [tower/block/building] no.__(“Building”) along with garage/covered / basement / Podium parking no. _ admeasuring ____square feet in the ___[Please insert the location of the garage/closed parking], as permissible under the applicable law and of pro rata share in the common areas (“Common Areas”) as defined under clause (n) of Section 2 of the Act (hereinafter referred to as the “Apartment” more particularly described in Schedule A and the floor plan of the apartment is annexed hereto and marked as Schedule B);  
    e. It is agreed that the Promoter shall not make any additions and alterations in the sanctioned plans, layout plans and specifications and the nature of fixtures, fittings and amenities described therein in respect of the apartment, plot or building, as the case may be, without the previous written consent of the Allottee. Provided that the Promoter may make such minor additions or alterations as may be required by the Allottee, or such minor changes or alterations as per the provisions of the Act. 
    .
    f. The Allottee shall also have undivided proportionate share in the Common Areas. Since the share / interest of Allottee in the Common Areas is undivided and cannot be divided or separated, the Allottee shall use the Common Areas along with other occupants, maintenance staff etc., without causing any inconvenience or hindrance to them. Further, the right of the Allottee to use the Common Areas shall always be subject to the timely payment of maintenance charges and other charges as applicable. It is clarified that the promoter shall convey undivided proportionate title in the common areas to the association of allottees as provided in the Act; FOLLOWING CLAUSE ARE NOT ACCEPTABLE BY THE CONSUMER
    A. . AND WHEREAS the Promoter has proposed to construct on the said land (here specify number of
    buildings and wings thereof) ……. having ____(here specify number of Basements,/podiums/stilt and upper floors) Clarify: Why the word is PROPOSED to construct- when a allottee is purchasing unit in the Project of the developer where he is having clear permission from the authority including Housing Dept. RERAB. WHEREAS the Promoter has got some of approvals from the concerned local authority the plans, the specifications, elevations, sections and of the said building/s and shall obtain the balance approvals from various authorities from time to time, so as to obtain Building Completion Certificate or Occupation Certificate of the said Building
    Clarify: Why some of the APPROVALS when it is mandatory to obtain necessary clearance before market the unit. C. AND WHEREAS under section 13 of the said Act the Promoter is required to execute a written Agreement for sale of said Apartment to the Allottee, being in fact these presents and also to register said Agreement under the Registration Act, 1908. Clarify:  CLEARLY MENTION  WHICH ACT)
    D. The Promoter shall construct the said building/s consisting of ……………. basement and ground/ stilt,……. podiums, and ………… upper floors on the said land in accordance with the plans, designs and specifications as approved by the concerned local authority from time to time. Clarify:  THE WORD TIME TO TIME APPROVALS ARE  NOT ACCEPTABLE  – ALL APPROVALS SHOULD BE IN PLACE BEFORE EXECTUTING THE  AGREEMENT)E. The Allottee hereby agrees to purchase from the Promoter and the Promoter hereby agrees to sell to the Allottee Car parking spaces bearing Nos ____ situated at _______ Basement and/or stilt and /or ____podium and/or open parking space, being constructed in the layout for the consideration of Rs. _Clarify:  -.  THE PRAMOTERS ARE NOT SUPPOSED TO SELL ANY OPEN AREA WITHIN THE PLOT  FOR CAR PARKINGS – IT IS COMMON AREA AS PER ACT  Please refer section 15 iii, definition of common area (rera bill 2016) F.  Amount of Rs……../-(……..) (not exceeding 30% of the total consideration) to be paid to the Promoter on the execution of AgreementClarify:  THIS IS NOT POSSIBLE  (30%) IN ALL CASES, SINCE MAJORITY OF THE ALLOTTEES ARE BORROWING INSTITUTES LOANS AND IT IS POSSIBLE ONLY AFTER EXECUTING AND REGISTERING THE AGREEMENT FOR SALE AND ALSO ITS SUBJECT TO RECEIPT OF COMMENCEMENT CERTIFICATEG. The Total Price above excludes Taxes (consisting of tax paid or payable by the Promoter by way of Value Added Tax, Service Tax, and Cess or any other similar taxes which may be levied, in connection with the construction of and carrying out the Project payable by the Promoter) up to the date of handing over the possession of the [Apartment/Plot]. –Clarify:   IT IS NOT IN RERA ACT.  
    H The Promoter shall confirm the final carpet area that has been allotted to the Allottee after the construction of the Building is complete and the occupancy certificate* is granted by the competent authority, by furnishing details of the changes, if any, in the carpet area. The total price payable for the carpet area shall be recalculated upon confirmation by the Promoter. If there is any reduction in the carpet area within the defined limit then Promoter shall refund the excess money paid by Allottee within forty-five days with annual interest at the rate specified in the Rules, from the date when such an excess amount was paid by the Allottee. If there is any increase in the carpet area allotted to Allottee, the Promoter shall demand that from the Allottee as per the next milestone of the Payment Plan. All these monetary adjustments shall be made at the same rate per square feet as agreed in Clause 1.2 of this Agreement.  Clarify:    When the Allottee pays all the necessary STAMP DUTY, REGISTRATION FEE, SERVICE TAXES, VAT ETC ON THE CONFIRMED AREA ON THE AGREEMENT FOR SALE      ? WHY THIS CLAUSE IS REQUIRED ? ONCE THE ARCHITECT CALCULATED PROPER MEASUREMENTS AND OBTAINED  PROJECT CLEARANCE I. The Allottee authorizes the Promoter to adjust/appropriate all payments made by him/her under any head(s) of dues against lawful outstanding, if any, in his/her name as the Promoter may in its sole discretion deem fit and the Allottee undertakes not to object/demand/direct the Promoter to adjust his
    payments in any manner.    Clarify:     – THIS IS ONE SIDED CLAUSE IN FAVOR OF THE PRAMOTERS
    J.   The Promoter hereby declares that the Floor Space Index available as on date in respect of the said land is ……… square meters only and Promoter has planned to utilize Floor Space Index of ______ by availing of TDR or FSI available on payment of premiums or FSI available as incentive FSI by
    implementing various scheme as mentioned in the Development Control Regulation or based on expectation of increased FSI which may be available in future on modification to Development Control Regulations, which are applicable to the said Project. The Promoter has disclosed the Floor Space Index of _______ as proposed to be utilized by him on the said Land in the said Project and Allottee has agreed to purchase the said Apartment based on the proposed construction and sale of apartments to be carried out by the Promoter by utilizing the proposed FSI and on the understanding that the declared proposed FSI shall belong to Promoter only.  Clarify:        THIS MEANS THE PROMOTER IS NOT GOING TO GIVE THE CONVEYANCE OF THE PLOT TO THE SOCIETY TILL HE UTILISE ALL FUTURE BENEFITS.
    K. Provided that, Promoter shall give notice of seven days in writing to the Allottee by email at the email address provided by the Allottee of his intention to terminate this Agreement and of the specific breach or breaches of terms and conditions in respect of which it is intended to terminate the Agreement. If the Allottee fails to rectifies the breach or breaches mentioned by the Promoter within the period of notice then at the end of such notice period, promoter shall be entitled to terminate this Agreement and upon termination of this Agreement the Promoter, shall be at liberty to dispose of and sell theApartment to such person and at such price as the Promoter may in his absolute discretion think fit.Clarify:        WHY SEVEN DAYS NOTICE TO TERMINATE THE AGREEMENT ?  WHEN THE PROMOTER IS CHARGING INTEREST ON DELAY PAYMENTS (THERE IS NO SPECIFIC BREACH OTHER THAN DELAY PAYMENTS)  IT SHOULD BE ATLEAST  THREE MONTHS NOTICE PERIOD.L. The Promoter shall give possession of the Apartment to the Allottee on or before…… day of ……….20___ If the Promoter fails or neglects to give possession of the Apartment to the Allottee on account of reasons beyond his control and of his agents by the aforesaid date then the Promoter shall be liable on demand to refund to the Allottee the amounts already received by him in respect of the
    Apartment with interest at the same rate as may mentioned in the clause 6 herein above from the date the Promoter received the sum till the date the amounts and interest thereon is repaid,Clarify:         THIS CLAUSE IS IN FAVOR OF THE PROMOTERS ; if the allotment is cancelled the allottee is suffering big loss on  payment of stamp duty, registration fee, vat, service tax etc, etc. :  SUGGESTION: IF ANY DELAY FROM THE PRAMOTERS  FOR  POSESSION, HE SHOULD PAY THE INTEREST ON PREVAILING RATE TO THE ALLOTTEEM.   Within 15 days after notice in writing is given by the Promoter to the Allottee that the Apartment is ready for use and occupation, the Allottee shall be liable to bear and pay the proportionate share (i.e. in proportion to the floor area of the Apartment) of outgoings in respect of the said land and Building/s namely local taxes, betterment charges or such other levies by the concerned local authority and/or Government water charges, insurance, common lights, repairs and salaries of clerks bill collectors, chowkidars, sweepers and all other expenses necessary and incidental to the management and maintenance of the said land and building/s. Until the Society or Limited Company is formed and the said structure of the building/s or wings is transferred to it, the Allottee shall pay to the Promoter such proportionate share of outgoings as may be determined. The Allottee further agrees that till the Allottee's share is so determined the Allottee shall pay to the Promoter provisional monthly contribution of Rs. ……… per month towards the outgoings. The amounts so paid by the Allottee to the Promoter shall not carry any interest and remain with the Promoter until a conveyance/assignment of lease of the structure of the building or wing is executed in favour of the society or a limited company as aforesaid. On such conveyance/assignment of lease being executed for the structure of the building or wing the aforesaid deposits (less deduction provided for in this Agreement) shall be paid over by the Promoter to the Society or the Limited Company, as the case may be. The Allottee undertakes to pay such provisional monthly contribution and such proportionate share of outgoings regularly on the 5th day of each and every month in advance and shall not withhold the same for any reason whatsoever. It is agreed that the non-payment or default in payment of outgoings on time by Allottee shall beregarded as the default on the part of the Allottee and shall entitle the Promoter to terminate this agreement in accordance with the terms and conditions contained herein.Clarify:        Foolishness above clause: if the maintenance is not paid  why to terminate the agreement. N.  Pay to the Promoter within fifteen days of demand by the Promoter, his share of security deposit demanded by the concerned local authority or Government or giving water, electricity or any other service connection to the building in which the Apartment is situated.
    Clarify:       WHEN THE ALLOTTEE IS PAYING FULL AND FINAL AND TAKING THE POSESSION OF THE PREMISES WHY THIS CLAUSE IS REQUIRED
     
    O. The Allottee shall not let, sub-let, transfer, assign or part with interest or benefit factor of this Agreement or part with the possession of the Apartment until all the dues payable by the Allottee to the Promoter under this Agreement are fully paid up and only if the Allottee had not been guilty of breach of or non-observance of any of the terms and conditions of this Agreement and until the Allottee has intimated in writing to the Promoter and obtained the written consent of the Promoter for such transfer, assign or part with the interest etc.
    Clarify:         IT IS CONCERNED TO THE SOCIETY NOT THE DEVELOPERS
    PLEASE ALSO CLEARIFY THE DEFINATION OF PARKING SPACE 
     (o) “Parking Space”: means an enclosed or unenclosed, covered or open area which is sufficient in
    size to park vehicles and which may be provided in basements and/or stilt and/or podium and/or independent structure built for providing parking spaces and/or parking provided by mechanised parking arrangements and which is not a garage.Clarify:         SECTUIB 15III) OF RERA THE COMMON AREA DEFINES : BASEMENTS, TERRACES, PARKS, PLAY AREAS, OPEN PARKING AREAS AND COMMON STORAGE SPACES;

  15. It is URGENTLY requested to formulate rule in real estate act for NOT CONVERTING RESIDENTIAL DWELLING ONCE REGISTED INTO COMMERCIAL USE.Secondly existing residential flat/bunglow etc being misused as commercial place for operating dispensary/pathalogical lab/office werein outsiders visit the residential complex who do not stay there must BE STRICTYLY PROHIBITED WITH 1 YR IMPRISIONMENT and FINE for both owner and person taking on rent This would increase sale of commercial place lying vacant and generate revenue to Corporation and govt by increase in annual fee and registration charge This would give privacy and good neighbour relation for good owners staying in a residential apartment

  16. So this is the BJP way to fight corruption by giving upper hand to Builders. Now builder can sell parking space &but he can easily terminate your flat agreement and return your money after 6 month wiith no interest

  17. The usual experience we find is that the builder/developers hands over possession to flat oweners under pretext of permission for fitment/interior decoration purposes WITHOUT OCCUPATION CERTIFICATE from corporation /authorities and never gives Occupation Certificate to buildings/flatoweners There are about 60% buildings in Thane city alone without Occupation Certificate but builders have collected 100% payment fron buyersAs per information provided by Thane Municipal Corporatoion there is NO time limit stipulated in D.C. R. and bilders are taking undue advantage and run away.New RERA should stipulate time limit with heavy penalties for default'

  18. The Rules do not idicate the procedure to be followed by the Purchaser of the Apartment to bring the Builder to make amends to the Faulty Design of any Fittings, Appliances provided, Fixed Facilities such as Modular Kitchen, Drainage Facilites, Bath Room Fittings provided and any other matter of daily use by the Purchaser of the Accomodation.There is no provision for the Purchaser to get the redreswsal to such complaints against the Builder.