Developers liable for maintenance of unsold units, rules GujRERA
January 10, 2026
Ahmedabad: In a ruling with wide implications for new housing societies, the Gujarat Real Estate Regulatory Authority (GujRERA) has held that developers must pay maintenance charges for unsold flats from the date Building Use (BU) permission is granted until the units are sold.
In an order concerning a society in Vastrapur, the authority said promoters remain responsible for “running maintenance” of unsold units. The society had complained that the developer’s failure to pay maintenance had increased the financial burden on existing residents.
Noting that the project received BU permission in 2019, GujRERA observed that as the developer continues to own the unsold flats, it is liable—like any other allottee—to contribute towards common expenses.
The authority directed the developer to clear pending maintenance dues, citing provisions of the Real Estate (Regulation and Development) Act, 2016, and reaffirmed that promoters cannot avoid maintenance obligations for inventory that remains unsold after BU permission is granted. DeshGujarat
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