Building collapse: What is a solution to this problem?
Building collapses are no more isolated news in India these days, especially in the metros. Hundreds of people are losing their homes, lives and assets that they have struggled to build over their lifetime. It is a sad fact that our authorities are helpless over such issues or in preventing similar future incidents. The masses of people are not even informed or educated on what to do in such incidents. This leaves us with questions as to what to do if such a mishap happens to us or whether there is a solution to such a grave problem.
In the West there exists a Builder’s Legal Liability (BLL) Act and the Inherent Defect Insurance (IDI) to tackle such issues. Unfortunately, these are not present in our country, which is now calling with governmental intervention in this matter.
Understanding BLL and IDI
The BLL law states that the builder is liable to the building constructed by him for a specific period, typically for 10 years. Any factor that would make the building unfit for use like use of low quality material, incorrect use of materials,faulty design, poor workmanship or any defect would be on the developer’s hands. But such a law would prove futile if the builder disappears or lack any financial resources to correct the defects.In such cases the IDI comes into play, covering the cost of rectification or reconstruction if any structural defect occurs.
What Property buyers need to know in this regard?
The Indian Government should approve standalone legislation for this Act or join it with the Real Estate (Regulation and Development) Bill that is pending in the Parliament. However in the present situation, builder’s liability policies and home insurances are the only way Indians can do to safeguard their assets.
Builder’s Liability Policy: Builders can take insurance policies to cover their liability for the residents. Builders Liability Policies are available with general insurance policies for buildings under construction. This can be extended to a stipulated period under special conditions. In case of any mishaps the residents will get compensations as per the insurance rules. It is ideal to enquire if your builder has taken this policy.
Home insurances: Usual home insurances will not cover unusual instances like building collapse, earth quake, fire etc, but you can check with insurance companies if they can underwrite special policies covering such mishaps. Taking a group policy including all the members of the community will be a good option as the chances for winning are high than approaching the company as single individuals.
Forming associations: Owners can form a group to fight a against the builder and government bodies to compensate them and their families in case of such mishap. But this process will take a long time, but something is better than nothing. The property buyers or Apartment Owners’ association can file a complaint before the consumer Forum against the Sub standard work or Not providing completion certificate.
Things which can prevent building collapse
The average life expectancy of concrete structures is estimated around 40 years. But it is a question raised by many whether all constructions survive so long. Since prevention is better than cure, certain things can ensure long life to the buildings.
Avoid structural modifications: Many flat owners and Managing Committees make unauthorized changes in building structures like clubbing rooms together by demolishing walls, carving new windows etc, without necessary approval. Such changes can affect the building’s overall health.
Regular structural maintenance: Many housing societies are not doing regular structure maintenance as part of cost cutting, ignorance, carelessness or at times even because of differences of opinion between members. There are many flats where the steel in the RCC columns, slabs and beams are rusted or exposed.
Ensure use of quality products: Some builders are notorious for using adulterated cement and other materials in the absence of a professional quality control mechanism. This will have a direct impact upon the buildings health in a long run.
