How does the real estate regulation bill help you?
Moneylife Digital Team 05 June 2013

The Union Cabinet of ministers has just cleared a bill to set up a real estate regulator. What does it mean to you?

Property is the single largest asset that an Indian saver creates for himself after long years of saving; most Indians do not invest in stocks or mutual funds. Over the decade or so, in tune with rising prosperity, real estate demand has been booming. However, this largest asset item has remained unregulated. This has led to soaring property prices and savers have been repeatedly short-changed by many unethical builders. Many flat-buyers find themselves paying bank loans while waiting to get possession for their flats. That apart, often flats are sold on the basis of super-built up area that include common facilities. To address these issues, the government is hoping to pass a real estate Act. The bill has just been passed by the Cabinet. Here are the main provisions of the bill.

 

Construction stage

  1. Real estate regulator, to have offices, in every state. Commercial real estate has been kept out of purview of the proposed bill. The bill will apply to only residential buildings.
  2. Developers will have to get their projects registered with the regulator before sale.
  3. Developers can launch projects only after acquiring all statutory clearances from relevant authorities.
  4. Developers cannot offer any pre-launch sales before obtaining all statutory clearances.
  5. The statutory clearances are to be submitted to the regulator and also displayed on a website before starting the construction
  6. The legislation will clearly define carpet area and private developers will sell properties only on the basis of carpet area and not on the basis of ambiguous super-built up area.
  7. The developer will have to deposit upto 70% of funds received for a particular project in a separate bank account to cover the construction cost of the project. This provision was made to discourage developers from diverting funds of a particular project to another that often causes inordinate delay

Selling Stage

  1. There will be a model builder-buyer agreement which is expected to reduce ambiguities in real estate transactions that not many buyers are familiar with.
  2. There will be public disclosure of all project details like credentials of promoters, layout, land status, carpet area and number of apartments booked and status of statutory approvals.
  3. Developers will be barred from collecting any money from buyers before completing all necessary permits to start construction on the project.
  4. Real estate agents will also be asked to register with the regulator.

Violations, Grievance Redress

  1. Failure to comply with the norms for the first time would attract a penalty which may be up to 10% of the project cost and a repeat offence could land the developer in jail.
  2. A developer putting out misleading advertisements about projects can be jailed, if the charges are proven.
  3. There will be Real Estate Appellate Tribunal that will hear appeals from orders, decisions or directions of regulator and adjudicating officer.
  4. For fast tracking settlement of disputes, an adjudicating officer not below joint secretary in the state will be appointed by the authority.

Anuj Puri, chairman & country head, Jones Lang LaSalle India has pointed out that “The Bill works both ways. While it aims to hold the developers accountable, it also looks to ensure that the allottees do not default in making payments.” However, the application of the provisions in the context of massive corruption and redtape is another matter. As Puri points out: “The Bill in its current form does not provide for any relief to builders.” It has been a constant complaint by developers that they experience long and inordinate delays besides the difficulty in obtaining approvals for construction from the multi-headed Government agencies, and they have stressed on the need for a single-window clearance to cut through the red tape. This issue does not find any mention in the Bill.

 

Right now, the Bill has only received the cabinet approval and could be made into an Act by passing an Ordinance.

Comments
Deepak
1 decade ago
People like me have suffered a lot for inordinate delay in possession due to delay in construction even though more than 95% payment made well in advance (including cash part). Apart from interest on housing loan we pay monthly rent for licensed premises for last 4-5 years & that cost us a fortune. People like me are taken for a ride for no fault of ours. I urge everybody to go for ready possession only. I want to see this bill becomes an act asap. Small time builders/developers who are unfit to do any legitimate business have opted for this line to fool innocent people dreaming for own house. I wish they are put behind the bars for cheating & defrauding prospective home buyers.
drsharmilaraopn
1 decade ago
It has become a norm to demand payment and do payment in black. when we say we don't have black this becomes very difficult for middle class buyers to buy property.
Srinivas
1 decade ago
Why cannot the govt of Maharashtra create an SPV asking people to register for 1/2/3 BHK houses in an area like say Tarapur / Palghar. Let them commit to : (a). better health, transportation and education infrastructure in the area (b). better transport connectivity to Mumbai. (c). That the construction would be by reputed contractors like L&T -ECC / HCC / Shapoorji-Pallonji, etc. (d). That there is no limitation in quantum of land ( we will expand upto Dahanu they can say ), and hence as they keep getting bookings, they will keep building and hand over possession in 18 months. (e). No private sector buildings will be allowed in this area at all ( unlike Navi Mumbai where suddenly the Govt. has become a marginal player in creating housing stock ). (f). Rates will be on a cost+ basis.

With such a scheme, the private sector construction companies can get large contracts and hence will bid competitively, and we may discover lower rates than what we imagine possible.
Chandragupta Acharya
1 decade ago
The bill does nothing to address the two main problems in property market - supply shortage and black money.

The bill if enacted in its present form will bring new construction to a halt and worsen the property market scenario. Consumer courts already exist and though there is scope for improvement in functioning of the courts, there was no need to create another grievance redressal mechanism.

If this Bill becomes law, builders can take VRS and go on a holiday for a few years - they lose nothing.
Sandeep Khurana
Replied to Chandragupta Acharya comment 1 decade ago
Diversion of money out of projects, delay in construction, cost escalation at customer's cost, one-sided arbitration in favor of builder, ridiculous compensation for delay, severe strictures by CCI on after-market abuse n dominance, exaggerated claims in advertising, incorrect reporting of construction status to get bank loans at customer risk, one-sided bank loan tripartite agreements, consumer courts taking 7-10 yrs to decide most cases with builders losing most of them, poor quality of construction- ARE ALL NORMs today. Truth is builders are being brought to some accountability for first time. Builders have genuine problems with govt approvals and they must take up through CREDAI to solve them and not try to pass on their problems onto customer. If builders take VRS on being made accountable, they r demonstrating they are unscrupulous n don't know how to do lawful, clean business. Let them go. Good riddance. Good, honest businessmen must enter the sector. Bill needs to be strengthened even further in favor of consumer.
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