Kaagazaat

Builder Complaint: Common Areas Not Handed Over

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Price
Free, always.
Stamp duty
No stamp duty: it is not an instrument within section 2(14) of the Indian Stamp Act, 1899.
Registration
Not registrable: section 17 of the Registration Act, 1908 does not reach it.
Witnesses
Not required.

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Also called

  • complaint to builder for common areas
  • demand for handover of common areas
  • RWA letter to developer
  • builder not handing over clubhouse park lift
  • common amenities handover demand
  • बिल्डर को कॉमन एरिया शिकायत
  • ਬਿਲਡਰ ਨੂੰ ਕਾਮਨ ਏਰੀਆ ਸ਼ਿਕਾਇਤ

When you need it

The flats are occupied but the builder still holds the lift lobbies, parks, clubhouse, parking, water tank, generator room or the project documents, and has not formed or handed anything over to the residents' association. A resident or the association's office-bearer sends this letter to the builder: it lists what is missing, records your earlier requests, asks for the handover and the project documents within a stated time, and says where you will go next if nothing happens.

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Not for recording a handover that has taken place — use the Builder-to-Society Handover Letter and Checklist. Not for delay in possession of your own flat — use the Delay Compensation Claim to Builder.

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What follows is written for Punjab and Chandigarh. It states the position there rather than describing how it varies, so the amounts below are the ones that apply — worth confirming at the sub-registrar’s office, because rates change. If the property is anywhere else in India, none of this is yours.

Stamp duty

No stamp duty: it is not an instrument within section 2(14) of the Indian Stamp Act, 1899.

Registration

Not registrable: section 17 of the Registration Act, 1908 does not reach it.

Notarisation

Notarisation is not required for this society paper.

Witnesses

Not required. The sender signs; keep proof of delivery.

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Sample preview — placeholder answers, not your data

COMPLAINT TO THE BUILDER FOR NOT HANDING OVER COMMON AREAS

Date: 1 April 2026

To,
ABC Developers Pvt Ltd
SCO 10, Sector 17, Chandigarh

Subject: Common areas and facilities of Green Park Heights not handed over

Dear Sir/Madam,

  1. 1. I, Gurdeep Singh, write on behalf of the residents, as an office-bearer of their association, about the project Green Park Heights, Sector 21, Panchkula. The project is registered under the real estate law with registration No. PBRERA-SAS81-PR0123.
  1. 2. Possession of the units was offered or given on 2 April 2026, but the common areas and facilities listed below have still not been handed over to the residents or to their association:
  1. 1. Clubhouse and swimming pool
  2. 2. Central park and children's play area
  3. 3. Basement parking and fire-fighting pump room
  4. 4. Project documents
  1. 3. We asked for the handover by email on 5 July 2026 and by letter on 20 August 2026. No reply has been received.
  1. 4. The residents are paying for the upkeep of areas they cannot control and cannot manage, repair or insure them as long as they remain with you. We therefore ask that, within 30 days of this letter, you:

(a) hand over the common areas and facilities listed above, with a written handover record signed by both sides;
(b) give us the approved plans, the completion or occupation certificate, the fire and other safety clearances and the other documents of the project that the law and our agreements require you to hand over; and
(c) take the steps the law and our agreements require for the residents' association to be formed and for the common areas to be made over to it, and tell us in writing what has been done so far.

  1. 5. If we do not receive a satisfactory written reply within that time, we will be left no choice but to approach the Real Estate Regulatory Authority and any other forum open to us, and to ask for the relief the law allows. This letter is sent without giving up any of the rights of the residents or their association.

Yours faithfully,

Signature: ______________________________
Gurdeep Singh
Flat No. 304, Green Park Heights, Sector 21, Panchkula

Copy to: the Real Estate Regulatory Authority, for information, if the project is registered with it.

Questions about this document

Does the Builder Complaint: Common Areas Not Handed Over need stamp paper or stamp duty in Punjab and Chandigarh?

No stamp duty: it is not an instrument within section 2(14) of the Indian Stamp Act, 1899.

See the full position on stamp duty, registration and witnesses
Does the Builder Complaint: Common Areas Not Handed Over need registration in Punjab and Chandigarh?

Not registrable: section 17 of the Registration Act, 1908 does not reach it.

See the full position on stamp duty, registration and witnesses
What does the Builder Complaint: Common Areas Not Handed Over cost on Kaagazaat?

Free, always.

Does the Builder Complaint: Common Areas Not Handed Over need witnesses?

Often needed with this document

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