Non-Functional Lifts in Bangalore Apartments: RERA Rights

By the Property Law Team | Legal Brigade | Bar Council of Karnataka

When a Bangalore RERA project developer gave possession of flats in a mid-rise or high-rise apartment building without installing the building's lifts, or installed lifts that were non-functional because the lift completion certificate from the Karnataka Lift Inspectorate was not obtained, the allottees on upper floors face both a practical inability to use their flats comfortably (particularly elderly residents and families with young children) and a legal claim under RERA for the specification deviation, since the RERA registration specified the number and type of lifts as part of the building's specification and the developer committed to delivering a building with functional lifts before possession.

Is a Functional Lift a RERA-Enforceable Specification?

Yes. In a building with more than four floors, lifts are a mandatory requirement under the National Building Code and the Karnataka Lift Act. The RERA registration for a mid-rise or high-rise building includes the lift specification (number of lifts, passenger capacity, speed) as part of the building's common area amenities. A building delivered without functional lifts is delivered in a condition that is both below the RERA specification and in violation of the mandatory lift requirements under the building code.

The Karnataka Lift Act requires every lift to obtain a fitness certificate from the Karnataka Lift Inspectorate before it is commissioned for public use. A lift that was installed but for which the fitness certificate was not obtained is not legally permitted to operate; it is an unfit lift from the regulatory standpoint. A developer who gives possession with either no lift or a lift without the fitness certificate has given possession in a building with an uncertified common facility.

What Steps Should the Allottee Take When the Lift Is Not Functional at Possession?

1. Refuse possession in writing if the flat is on an upper floor and the building has no functional lift. A flat on the 10th floor is not practically accessible without a lift and a possession of such a flat without a lift is not genuine.

2. Send a formal notice to the developer citing the RERA specification for the lift, the NBC mandatory requirement and the Karnataka Lift Act's fitness certificate requirement.

3. File a K-RERA complaint for the lift specification deviation, with the RERA registration confirming the lift specification and evidence that the lift is absent or non-functional.

4. If the developer installed the lift but the fitness certificate is pending, give the developer a reasonable 30-day period to obtain the certificate before filing the K-RERA complaint.

5. Have a property lawyer confirm whether the specific building height triggers the mandatory lift requirement and the RERA specification for the lift type.

Q1. What buildings in Bangalore must have lifts under the National Building Code?

The National Building Code of India requires lifts in residential buildings above 12 metres in height (approximately 4 floors). A building with ground plus 4 or more floors requires at least one lift. BBMP's building plan sanction for a building requiring a lift includes the lift specification as a sanctioned element; a building plan sanction that shows a lift but where no lift was installed is a building plan deviation.

Q2. What is the Karnataka Lift Act and what does it require?

The Karnataka Lifts Act (and its successor regulations under the Factories Act or the Karnataka Lifts, Escalators and Travelators Act) requires all lifts in public and residential buildings to: be installed by a licensed lift company; be inspected by the Karnataka Lift Inspectorate before commissioning; obtain a fitness certificate from the Inspectorate; and be periodically re-inspected and re-certified. Operating a lift without a valid fitness certificate is a violation of the Act and creates criminal liability for the building's management.

Q3. Can the association refuse to manage the common areas if the lift is not functional?

The association that took over after the developer's handover (Page 692) must manage the common areas, including the non-functional lift. However, the association can pursue the developer for the lift's completion cost as part of the handover dispute. An association that accepted the handover with a non-functional lift can file a K-RERA complaint against the developer for the lift specification deviation and claim the rectification cost.

Q4. What if the developer argues the lift delivery was delayed due to a global supply chain issue?

A developer who claims a lift delivery delay due to supply chain issues must demonstrate: the contractual timeline with the lift supplier, the specific supply chain disruption and the steps taken to mitigate the delay. RERA's force majeure provisions may apply to genuine supply chain disruptions, but the developer must specifically plead and prove the force majeure. A blanket supply chain argument without supporting evidence is insufficient.

Q5. Is an allottee on the ground floor affected by the missing lift?

A ground-floor flat owner is not directly affected by the absence of a lift; they can access their flat without a lift. However, the ground-floor flat owner may still have a RERA specification deviation claim for the missing common amenity. The lift was part of the building's specification that all flat owners paid for through the common area charges embedded in the flat's price. The ground-floor owner's claim may be for the value difference, not for the access impact.

Q6. Can the allottee claim delay compensation for the period during which the lift was non-functional?

If the possession was given with a non-functional lift and the allottee reasonably refused to accept possession, the delay compensation continues to accrue until genuine possession (with a functional lift) is given. If the allottee accepted possession under protest with the lift non-functional, the RERA defect liability claim covers the lift completion, but the delay compensation may have ended with the (protested) possession acceptance.

Q7. What if the building's original plan sanction showed a lift but the developer built a staircase-only building?

A developer who built a staircase-only building when the sanctioned plan showed a lift has deviated from the BBMP-sanctioned plan. This is both a BBMP plan deviation and a RERA specification deviation. The BBMP OC may not have been issued if the plan deviation is visible at the OC inspection stage; a building without a sanctioned lift is also likely below the NBC mandatory requirement for its height category.

Q8. How does the lift affect the building's insurance?

A building where the lift is installed but operating without a fitness certificate faces insurance complications; an insurance claim arising from a lift accident in an uncertified lift may be repudiated. The association must ensure the lift has a valid fitness certificate and third-party liability insurance before allowing residents to use the lift.

Q9. What periodic inspections are required for apartment building lifts in Bangalore?

The Karnataka Lift Act requires annual re-inspection and re-certification of lifts. The annual fitness certificate must be obtained from the Karnataka Lift Inspectorate before each year of operation. An association that does not obtain the annual re-certification is operating the lift unlawfully. The association's building management responsibilities include tracking the lift's certification dates and scheduling the annual inspection proactively.

Q10. How does Legal Brigade assist allottees in buildings with missing or non-functional lifts?

Legal Brigade confirms the RERA specification for the lift, the NBC mandatory requirement for the building's height, the Karnataka Lift Act's fitness certificate requirement and files the K-RERA complaint for the lift specification deviation. Legal Brigade also advises on whether possession should be refused (upper floor flats without any lift) or accepted under protest (lift installed but awaiting certificate), and manages the force majeure defense challenge if raised by the developer.

Received a possession certificate for your Bangalore upper-floor flat but the building has no working lift, or the lift has no fitness certificate from the Karnataka Lift Inspectorate? Legal Brigade files the K-RERA complaint for the lift specification deviation and advises on refusing possession.

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