Real Estate Law and Construction Law

In most strata schemes, disputes rarely begin with a question of law. They usually start with a practical issue: a part of the common property in the building is no longer working as it should, concerns are raised and a decision needs to be made about what to do next. Very quickly, however, that practical problem can turn into a legal one.

The Bombay High Court has reinforced that developers cannot indefinitely delay deemed conveyance to housing societies by claiming rights to exploit additional Floor Space Index (FSI) made available through regulatory changes. This ruling clarifies the temporal limits on a builder's contractual rights when statutory conveyance obligations have crystallized, establishing that FSI increases occurring after the mandatory conveyance period belong to the society, not the defaulting developer.

This comprehensive analysis examines the Building (Approvals and Practitioners) Bill 2026, focusing on its duty of care provisions that draw heavily from the Design and Building Practitioners Act 2020. The article explores key changes including the decoupling of construction work definitions, clarification of manufacturer and supplier obligations, and provisions for prefabricated buildings, while noting that many controversial aspects of the duty of care remain uncodified and subject to judicial interpretat