Who’s responsibility, prior to handover ?

November 2025

Here is an interesting and useful piece of advice for flat owners who are facing elevator problems and related issues with delayed handover from builder to the society.

Elevators are an essential part of multi storey buildings. Being a regular moving system it needs routine maintenance and check ups.

This needs a service contract with the service provider after the end of the free service period.

As long as the building is not handed over to the society, the building ownership and its routine maintenance of the building activities remains with the builder.

It is the builder who pays routine service charges and other expenses from his side to the service providers. The maintenance charges change every year,in fact it goes up every year.The increase is around 5-7%.The reasons are increase in wear and tear of parts, increase in spares cost, increase in labour cost and other company expenses.

If the building is not handed over to the society, the change/increase in lift service charges needs to be paid by the builder. He in turn claims/debit it to the residents account.

Builders being the owner of the building and other amenities have full right to stop any services, if required, except essential services like light and water.

The flat owners are the owner of their flat but not the building. But being flat occupants they have the right to demand the services as claimed / promised in the agreement. If lift service is not proper they can complain to the builder. As regards safety of the users or any liability during any accident, it is the responsibility of the owner, in this case the builder( till things are not handed over to the society) and the lift contractor.

As long as the elevator license is not transferred, the responsibility lies with the developer.

~ Mr. Rajnikant Lad
Elevator Auditor
Chairman - Building Transportation Safety
CREDAI MCHI Thane

Source: Thane Realty News

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