RERA: Haryana dilutes draft rules, excludes most ongoing projects

NEW DELHI: The Haryana government has let off most ongoing housing projects which have been delayed and remain a worry for many home buyers in its draft rules for the Real Estate (Regulation and Development) Act, 2016.

The draft RERA rules, issued by the Town and Country Planning Department of Haryana on Friday, seek to exclude projects which have applied for occupancy certificate or part completion certificate, provided the same is granted by the competent authority within three months of the application.

It also excludes projects which have received completion or part completion certificate in case of plotted colony and occupancy certificate for the building blocks of integrated complexes like group housing, commercial, cyber park or cyber city.

The Haryana government has invited objections or suggestions towards the same in another 15 days.

The original RERA rules issued by the ministry of housing and urban poverty alleviation (HUPA), which were expected to be a model for other states, define ongoing projects as the ones that are ongoing and have not received completion certificate on May 1 this year, the day when the Act comes to full force.

Of the 13 states and union territories that have so far notified the RERA rules, a majority of them like Gujarat, Uttar Pradesh, Maharashtra have tweaked the regulations in the interest of builders, by excluding ongoing projects from the purview of RERA, reducing penalty for compounding offences, diluting the definition of common areas and increasing the timelines for delivery of projects.

Union housing minister Venkaiah Naidu has already made it clear that states have no power to dilute the provisions and also warned of serious implications including public outcry.

The central government has also forwarded the rules notified by the states to a parliamentary committee for examination, which recently discussed the dilution of RERA rules by various states with officials from the ministry of HUPA.

The Real Estate (Regulation & Development) Act, 2016 was notified by the ministry of HUPA on May 1 last year. All the states are required to notify real estate rules including the general rules and the agreement for sale rules and establish the real estate regulatory authorities and the appellate tribunals maximum by April 30, 2017 as the Act would commence its full operation from May 1.

The government this month also notified the remaining 32 sections of RERA, which relates to registration of ongoing projects that have not received completion certificate, registration of property agents, penalties for non-compliance, etc. It had enforced the other 59 sections of the Act from May last year.

All the real estate projects and property agents have to be registered with regulatory authorities by July 31.

(source by:-The Economic Times)


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