Who Runs Your Building Before the Association? RERA Section 11(4)(d) and (e) for Bengaluru Buyers
Section 11(4)(d) of the RERA Act makes the promoter provide essential services on reasonable charges until the association takes over, and Section 11(4)(e) requires it to enable the association's formation. What that means for maintenance bills, handover and Bengaluru buyers' own duties.
The first monthly maintenance bill in a new Bengaluru tower usually arrives before the residents have met each other. It comes from the builder or its facility manager, and it covers security, lifts, water, common area power and housekeeping. A few months later someone asks the obvious questions: who decided this amount, how long does the builder run the building, and when do the owners take over? The RERA Act answers the first part in one clause, Section 11(4)(d), and the second in the next, Section 11(4)(e).
The short answer. Section 11(4)(d) of the Real Estate (Regulation and Development) Act, 2016 makes the promoter responsible for providing and maintaining the essential services, on reasonable charges, till the maintenance of the project is taken over by the association of allottees. Section 11(4)(e) requires the promoter to enable the formation of an association, society or co-operative society of allottees under the applicable laws, and says that in the absence of local laws, the association shall be formed within three months of a majority of allottees having booked. The trade-off: builder-run maintenance gives a new building continuity in its first months, but the longer it runs, the longer owners pay charges they did not set, so early, organised steps toward an association matter.
Who maintains the building before the owners take over?
The promoter. Section 11(4)(d) says the promoter shall be responsible for providing and maintaining the essential services, on reasonable charges, till the taking over of the maintenance of the project by the association of the allottees.
Three words in that clause do most of the work. "Essential services" covers what a building needs to function; the Act does not list them in this clause, so your agreement for sale and the builder's maintenance terms will set out what is included. "Reasonable charges" means the promoter can charge for maintenance, but the charges are meant to be reasonable. And "till the taking over" ties the end of the promoter's duty to a handover to the association, not to a fixed date.
Section 11(4)(a) adds that the promoter remains responsible for all its obligations under the Act and the agreement for sale till the conveyance of the apartments to allottees and the common areas to the association. Maintenance in the early months sits inside that wider responsibility.
When must an association of allottees be formed?
Section 11(4)(e) requires the promoter to enable the formation of an association or society or co-operative society of the allottees, or a federation of the same, under the laws applicable. Which law applies depends on the state and the project, and our explainer on owners' associations under the Karnataka Apartment Ownership Act covers one such law.
The proviso to Section 11(4)(e) sets a fallback timeline. It says that in the absence of local laws, the association of allottees, by whatever name called, shall be formed within a period of three months of the majority of allottees having booked their plot or apartment in the project. Where a local law governs formation, that law applies.
The Act also puts a duty on buyers. Section 19(9) says every allottee shall participate towards the formation of an association or society or co-operative society of the allottees, or a federation of the same. Formation is not something to leave entirely to the builder.
| Provision | What it says | What a Bengaluru buyer should do |
|---|---|---|
| Section 11(4)(d) | Promoter provides essential services on reasonable charges till association takes over | Ask for the list of services and the basis of charges |
| Section 11(4)(e) | Promoter enables formation of an association under applicable laws | Ask which law and what steps the builder has taken |
| Section 11(4)(e) proviso | Without local law, formation within three months of majority booking | Track how many units are booked |
| Section 19(9) | Every allottee shall participate in forming the association | Join early meetings and volunteer |
| Section 17(1) | Common areas handed over to the association with title documents | Plan for the handover of common areas and records |
What counts as reasonable maintenance charges?
The Act uses the word without a formula, so the practical test is transparency. Ask the builder for the basis of the charge: the services covered, the vendors and contracts behind them, and how the monthly figure was worked out. A charge that can be explained line by line is easier to accept as reasonable than a single number on a demand letter.
Keep the maintenance terms in your agreement for sale next to the bills you receive. If the bill includes items the agreement does not mention, ask about them in writing. Our guide to corpus and sinking fund at handover explains the separate deposits builders often collect and what should happen to them when the association takes over.
Paying on time matters on your side too. Section 19(6) says every allottee who has entered into an agreement for sale shall pay, at the proper time and place, the share of registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent and other charges. Section 19(7) makes the allottee liable to pay interest, at the prescribed rate, for delay in such payments. Querying a bill in writing while paying the undisputed part keeps you on the right side of both sections.
Money collected for outgoings has its own rule. Section 11(4)(g) says the promoter shall pay all outgoings it has collected from allottees, including municipal taxes, water and electricity charges and maintenance charges, until it transfers physical possession, and that if it fails to pay them before the transfer, it continues to be liable afterwards.
What should be handed over when the association takes charge?
More than keys to the plant room. Section 17(1) requires the promoter to hand over the common areas to the association of allottees or the competent authority, along with the other title documents pertaining to them, within the period specified under local laws. Section 17(2) says that after obtaining the occupancy certificate and handing over physical possession to the allottees, the promoter shall hand over the necessary documents and plans, including common areas, to the association or competent authority as per local laws. Its proviso says that in the absence of any local law, the promoter shall hand over the necessary documents and plans, including common areas, within thirty days after obtaining the occupancy certificate.
In practice, an association taking over maintenance will want the contracts with security, housekeeping and lift vendors, warranties and annual maintenance contracts for equipment, utility account details, the accounts of maintenance money collected and spent, and any deposits held for the building. Ask for an inventory and sign for what is received.
Section 19(5) gives each allottee the right to have the necessary documents and plans, including those of common areas, after physical possession is handed over. That right sits with you individually, as well as with the association.
What if the builder delays the handover of maintenance?
Put the request in writing. Once owners have organised, a letter from the association, or from a group of allottees, asking the promoter to set out the steps and dates for handing over maintenance creates a record. Refer to Sections 11(4)(d) and 11(4)(e) and ask for the accounts of maintenance charges collected so far.
If the builder does not respond, the Act provides a forum. Section 31(1) says any aggrieved person may file a complaint with the Authority or the adjudicating officer for any violation of the Act or the rules and regulations. The explanation to that subsection says "person" includes the association of allottees or any voluntary consumer association. Section 18(3) makes the promoter liable to pay compensation for failing to discharge any other obligation under the Act or the agreement for sale.
Before escalating, check the local law that governs your association. The proviso to Section 11(4)(e) applies only in the absence of local laws, so the right timeline and process may come from state law instead.
What should Bengaluru buyers do in the first months after possession?
Use this checklist once residents start moving in:
- Ask the builder for the list of essential services and the basis of maintenance charges.
- Compare each maintenance bill with the terms in your agreement for sale.
- Find out which law your association will be formed under and the steps involved.
- Track the number of units booked against the three month fallback in Section 11(4)(e).
- Attend early residents' meetings and help form the association, as Section 19(9) expects.
- Ask for maintenance accounts, vendor contracts and warranties before the handover.
- Sign an inventory of documents and assets when the association takes charge.
A building whose owners organise early usually has an easier handover. The Act gives the builder the duty to run things until then, and gives owners the duty to get ready to take over.
Bengaluru buyer FAQs on maintenance before the association
Who pays for maintenance before the association takes over?
Section 11(4)(d) of the RERA Act makes the promoter responsible for providing and maintaining the essential services, on reasonable charges, till the maintenance of the project is taken over by the association of allottees. The charges and services are usually set out in the agreement for sale and the builder's maintenance terms.
When should an apartment association be formed under RERA?
Section 11(4)(e) of the RERA Act requires the promoter to enable formation of an association under the laws applicable. Its proviso says that in the absence of local laws, the association shall be formed within three months of the majority of allottees having booked their apartment or plot in the project.
Do buyers have a duty to help form the association?
Yes. Section 19(9) of the RERA Act says every allottee shall participate towards the formation of an association or society or co-operative society of the allottees, or a federation of the same. Joining early meetings is the simplest way to meet this duty and shape how the building is run.
Can an association file a RERA complaint against the builder?
Yes. Section 31(1) of the RERA Act lets any aggrieved person file a complaint with the Authority or the adjudicating officer, and its explanation says "person" includes the association of allottees or any voluntary consumer association registered under any law for the time being in force.
Last updated 2026-10-23. PropNewz Team.
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