The state government on Monday directed the state Inspector General of Registration and Stamps to initiate disciplinary action against 44 officers from various sub-registrar offices for registering documents in violation of the Real Estate Regulatory Authority Act (RERA) and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act.

44 officers face action for violation of RERA Act

The state government on Monday directed the state Inspector General of Registration and Stamps to initiate disciplinary action against 44 officers from various sub-registrar offices for registering documents in violation of the Real Estate Regulatory Authority Act (RERA) and the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act. The order states that 44 officials have been found guilty of illegally registering about 10,561 documents.

The state had appointed a four-member squad for checking such documents from all sub-registrar offices in 2020 and a detailed report was submitted last year. The order was issued based on this report, state IGR Shravan Hardikar said on Monday.

The squads checked for the RERA number of the developer, whether the construction has got in-principle approval from the government and whether the land was parcelled before being sold. Complaints were made to Mantralaya alleging illegal registrations in connivance with officials.

Many complaints were related to the registrar’s office (Haveli No 3) in Magarpatta-Hadapsar. “For those who want to cancel the registration, the process would have to be initiated legally,” Hardikar said.

As on Monday, seven officials were suspended following this order while earlier, four officials were suspended to carry out a departmental inquiry, the order said. Orders of transfer were initiated by the state against nine officials while a departmental inquiry was initiated against another nine officials, and show-cause notices have been initiated against eight officials, the order said. Action will be initiated against seven officers by the joint district registrar officer from Pune city.

Source: https://timesofindia.indiatimes.com/city/pune/44-officers-face-action-for-violation-of-rera-act/articleshow/90652130.cms

The Central Advisory Council (CAC) meeting will constitute a committee for the resolution of legacy stalled projects and the issue of some states tweaking the provisions of RERA, while framing rules under the Act by exempting the registration of 'ongoing projects.' "The provisions may include a physical inspection of projects during construction, Structural Audit by reputed institutes on regular intervals, declaration of Structural Safety by promoter before applying for completion or occupancy certificate, etc. Central Advisory Council may consider,” according to the agenda.

Structural safety of real estate projects, changes in RERA provisions to figure in upcoming CAC meeting

The Central Advisory Council (CAC) meeting scheduled for April 12 will discuss issues relating to the structural safety of real estate projects following an incident of partial roof collapse in Gurugram wherein two women were killed.

The meeting will also deliberate on constituting a committee for the resolution of legacy stalled projects and the issue of some states tweaking the provisions of RERA, while framing rules under the Act by exempting the registration of ‘ongoing projects.’

The CAC, set up by the government for effective implementation of the Real Estate (Regulation and Development) Act, 2016 (RERA), will hold its third meeting on April 12. The first two meetings of the CAC were held on May 14, 2018, and April 29, 2020.

The council, chaired by Housing and Urban Affairs Minister Hardeep Singh Puri, will consider measures like physical inspection of projects during construction and structural audit at regular intervals by reputed institutes.

“Recently, there have been reports of incidents related to structural safety in multistorey apartments. Though, RERA mandates the promoters to rectify the structural defects highlighted within a period of 5 years from the date of possession, some provisions related to structural safety may be deliberated to ensure further safety of high-rise buildings and to prevent loss of life and property.

“These provisions may include a physical inspection of projects during construction, Structural Audit by reputed institutes on regular intervals, declaration of Structural Safety by promoter before applying for completion or occupancy certificate, etc. Central Advisory Council may consider,” according to the agenda.

The committee may comprise representatives from the Ministry of Finance, Ministry of Housing and Urban Affairs, sector experts (dealing with stalled projects and insolvency proceedings) and give its recommendations to the central government within two months from the date of its constitution, the agenda said.

“Central government established the Alternative Investment Fund (AIF)- Special Window for Affordable and Mid-Income Housing Fund (SWAMIH) Investment Fund of Rs 25,000 crore to provide last mile funding for projects that are net-worth positive and registered under RERA, including those projects that have been declared as Non-Performing Assets (NPAs) or are pending proceedings before the National Company Law Tribunal (NCLT) under Insolvency and Bankruptcy Code (IBC),” it said.

“As of February 14, 2022, 249 deals aggregating to ₹23,778 crore were approved which will benefit more than 1,46,946 homebuyers and unlock projects worth ₹66,163 crore,” it said.

It is evident that this fund has proved to be very instrumental in completing the legacy stalled projects and is fulfilling the dreams of homebuyers, who invested their life savings in these legacy stalled projects, which were launched before the enactment of RERA, it said.

The third meeting of the CAC will also discuss the issue of tweaking RERA provisions by some states. The CAC agenda noted that all states/UTs have notified rules under RERA except Nagaland, which is in the process to notify the rules.

As many as 31 states/UTs have set up Real Estate Regulatory Authority (Regular-25, Interim-06). States like Meghalaya, Sikkim, West Bengal, and UT of Ladakh are yet to establish authority.

In the agenda, it was pointed out that some states have tweaked the provisions of RERA while framing rules under the Act by exempting the registration of ‘ongoing projects. The matter was taken up by the housing ministry on several occasions and through various communications.

The CAC in its first meeting deliberated upon the issue of dilution by the states while framing rules under the Act. As decided in the meeting, the ministry has taken up the matter through various communications.

Homebuyers’ body Forum for People’s Collective Efforts (FPCE) president Abhay Upadhyay said in a statement that the agenda for the upcoming CAC meeting shows that the Ministry of Housing and Urban Affairs is serious and keen to address all major concerns not only in the implementation of RERA but also in providing resolution for incomplete legacy stalled projects started before RERA came into force.

“We have been raising the issue of dilution in RERA Rules by the states due to which many incomplete projects were left out of the ambit of RERA and also that RERA Authorities are unable to enforce their own orders due to which RERA orders became nothing more than a piece of paper.

“The recent incident of poor construction quality leading to loss of lives will also be part of the discussion,” Upadhyay said.

The proposal to form a committee under the Chairmanship of CEO, NITI Ayog is also welcome and shows that the government is keen to ensure the completion of remaining incomplete stalled legacy projects, he said.

“We have also come to know that the Ministry has accepted our suggestion to live stream the proceedings of the CAC meeting on social media platforms to ensure complete transparency,” Upadhyay added.

Source: https://www.moneycontrol.com/news/business/real-estate/structural-safety-of-real-estate-projects-changes-in-rera-provisions-to-figure-in-upcoming-cac-meeting-8297181.html

Following multiple appeals by the Karnataka Home Buyers Forum, the Karnataka Housing Department has finally taken up the case of a potential digital complaints redressal system as part of K-RERA.

After pleas, RERA may address plaints digitally

Following multiple appeals by the Karnataka Home Buyers Forum, the Karnataka Housing Department has finally taken up the case of a potential digital complaints redressal system as part of K-RERA. The home buyers had been struggling for years to get relief after being allegedly stiffed by promoters and builders.

They had appealed to various government authorities, including the Karnataka Real Estate Regulatory Authority (K-RERA), on complaints and cases they had filed as well as suggestions on how to improve the current system to prevent years of waiting for complainants to get relief.

One of the suggestions was the implementation of a digital complaints redressal system, similar to the one recently imposed by Haryana RERA. If the request is implemented, Karnataka will become the second state to have such a system.

The home buyers believe that this will lead to more transparency and accountability, and will also help home buyers who do not reside in the state or Bengaluru. In this regard, the buyers had appealed to the Ministry of Housing and Urban Affairs.

In a document shared with TNIE, the Housing department secretary has forwarded the request to the Karnataka Housing Department’s Secretary, who in turn asked K-RERA’s Secretary to look into the request. K-RERA Secretary Ibrahim Maigur could not be reached for comment regarding the potential implementation of the system.

Source: https://www.newindianexpress.com/cities/bengaluru/2022/mar/26/after-pleas-rera-mayaddress-plaints-digitally-2434304.html

Authority imposes penalty of ₹1 crore on real estate promoters for failure to register with it

Register or face the music: K-RERA tells real estate promoters

The Kerala Real Estate Regulatory Authority (K-RERA) has imposed a penalty of around ₹1 crore on real estate promoters for not registering their projects with the authority.

Registration with K-RERA is mandatory as per rules, and non-compliance could invite fine up to 10% of the project cost.

“The public should visit rera.kerala.gov.in before buying a property to confirm whether it is registered under the authority. Real estate agents who are dealing with projects should also register with the authority,” K-RERA chairman P.H. Kurian said here on Saturday.

Maintaining that the sale of land above 12 cents in plots will also come under the purview of the authority, Mr. Kurian urged buyers of units in commercial real estate to approach the authority and verify whether the promoters had received all necessary clearances.

With the real estate sector in the State showing signs of revival in the post-pandemic scenario, Mr. Kurian said the authority had initiated steps to ensure that buyers received interest from promoters for the delay in delivering property in time.

However, projects that received occupancy certificates before May 1, 2017 will not come under the ambit of the authority.

Around 650 of the total 1,147 cases against lapses in real estate projects registered by buyers have been resolved, according to official estimates.

Source: https://www.thehindu.com/news/national/kerala/register-or-face-the-music-k-rera-tells-real-estate-promoters/article65240503.ece

The Supreme Court directed the Centre to examine whether the rules framed by various states under the Real Estate (Regulation and Development) Act, 2016 (RERA) are in conformity with the central legislation and subserve the interest of homebuyers.

RERA implementation to improve post SC direction on examining states’ rules: FPCE

Homebuyers’ apex body FPCE expects the implementation of realty law RERA to improve following the Supreme Court’s recent direction to the Centre to examine the rules framed by states and see whether those subserve the consumers’ interest.

Last month, the Supreme Court directed the Centre to examine whether the rules framed by various states under the Real Estate (Regulation and Development) Act, 2016 (RERA) are in conformity with the central legislation and subserve the interest of homebuyers.

A bench of Justices D Y Chandrachud and Surya Kant gave three months to the Centre to examine if there are any deviations between the rules drawn up by the states and those framed by the Centre in 2016, and to place the report by the first week of May 2022.

When contacted, Forum for People’s Collective Efforts’ (FPCE) President Abhay Kumar Upadhyay said: “Despite five years of its full implementation, RERA is yet to reach anywhere near its intended objective.”

The prime reason for this is that the states to whom responsibility has been given for its implementation did not follow any uniformity in their general real estate rules and rules for agreement for sale, he pointed out.

“Their (states’) rules were not within the four corners of the provisions of RERA. This took sting out of the Act and homebuyers were deprived of the benefits of RERA,” Upadhyay said.

On the other hand, the association’s president said, builders took full advantage of this and the fear of RERA catching them faded.

“In view of this, though late, but still this ruling from the Supreme Court will set things right going forward and many homebuyers will then reap the benefit,” he added.

Most importantly, this ruling would break the belief in most builders that they are above the law or that they can take the law for granted, he said.

“I sincerely hope that both the ministry to whom the task has been assigned directly and also the Amicus who has also been given responsibility will devote sufficient time and report not only all deviations but also missing content which may have left loopholes in the implementation of RERA,” Upadhyay said.

This order has once again raised the hopes of homebuyers that they will get justice sooner than later, he added.

Colliers India CEO Ramesh Nair said the Supreme Court’s decree to scrutinise RERA rules of states is significant as there is a lack of uniformity in builder-buyer agreements across RERA rules of various states.

“This directive will help bring accountability and transparency in dealings between homebuyers and developers in several cases,” he said.

The anomalies mainly existed with respect to the payment schedule, delivery schedule and associated delays, as well as liability towards structural defects, Nair pointed out.

“A uniform builder-buyer agreement will also lead to more confidence amongst homebuyers. It will instill trust in homebuyers, without the fear of any unwarranted liabilities,” Nair said.

Homebuyers would also have more faith in developers across the spectrum, and even in under-construction projects, the Colliers India CEO said.

Source: https://realty.economictimes.indiatimes.com/news/industry/rera-implementation-to-improve-post-sc-direction-on-examining-states-rules-fpce/90181477

At least four real estate projects are getting registered every day in the Real Estate Regulatory Authority (RERA) this year in the state.

Madhya Pradesh: Four real estate projects are registered with RERA daily

At least four real estate projects are getting registered every day in the Real Estate Regulatory Authority (RERA) this year in the state. If the number of registration of projects is anything to go by to understand the real estate scenario in Madhya Pradesh, the projects registered in the past three months this year in MP, is more than the total number of projects registered in the year 2020-2021.

RERA officials said, along with big cities, applications are being received for project registration from small towns like Dindori, Jhabua, Katni, Alirajpur, Rajgarh, Betul and Shajapur. As a result of this, there has been an expected increase in the project registration work of RERA this year as compared to last year.

The number of registered projects in the year 2020-2021 was 232 while 352 projects have been registered so far this year. This is 50% more than the previous year. Due to the second and third wave of corona in the financial year 2021-2022, the office work has also been adversely affected.

RERA Secretary Neeraj Dubey has informed that about 1,706 registrations were done after a brief examination in the already ongoing projects at the time RERA Act came into force.

Around 1,116 and a total of 2,822 projects have been registered in the subsequent four years. The average of new project registrations for four years is about 279, while in the fifth year alone the number of registrations has increased to 352. To ensure compliance of the provisions of the Act, the authority has issued notices to the colonizer in about 42 cases and also imposed fines. It may be mentioned that such action has been taken for non-compliance of the orders passed in favor of the allottees. The registration of a project has also been cancelled, officials added.

Source: https://timesofindia.indiatimes.com/city/bhopal/four-real-estate-projects-are-registered-with-rera-daily/articleshow/89979842.cms

Do check the (KRERA) authority’s website to see whether the developer has updated all relevant details of the project on the authority’s website.

Homebuyers can verify project details on Rera website

Homebuyers beware! You just cannot sit back and relax if a builder claims that his project is registered with the Kerala Real Estate Regulatory Authority (K-Rera). Do check the authority’s website to see whether the developer has updated all relevant details of the project on the authority’s website — www.rera.kerala.gov.in

Recently, the authority had sent show-cause notices to promoters, including builders and developers, who obtained registration for their projects but failed to upload the required details on the website. As per the rule, promoters have to upload project details including necessary licences and sanctions, on the website. Also, the promoter has to update the progress of work in every quarter of the year until the last unit is handed over.

The authority has now warned the public to exercise caution while dealing with 29 builders, including some big names, who have failed to upload details. The list is available on its website.The authority will be forced to take strict action if the promoters fail to comply with the rule, said K-Rera chairman P H Kurian.

“The project details, including mandatory sanctions and stage of work, uploaded on the website help the authority monitor its progress. Even more important is that the information, updated in every quarter, helps customers to review the progress. All these details are freely available on the website,” he told TNIE.

Projects adhering to K-Rera’s norms are a safe bet for customers. While registering a project with K-Rera, the promoter has to upload all details of the project on w ww.rera.kerala.gov.in They include audited balance sheet of the promoter, track record, records of land ownership, sanctioned plans and NOCs from the authorities concerned. This facility will allow customers to make informed choices. The quarterly updates by the promoters help customers in continuous monitoring.

K-RERA registration is mandatory for real estate projects which fit into the definition stated in the Real Estate (Regulation and Development) Act 2016. It should be a real estate development with a land area of more than 500 sq m; plot development projects which require development permit/layout approval under Kerala Panchayat Building Rules, 2019/ Kerala Municipality Building Rules, 2019; development of more than 8 numbers of flats, shops, office space, godowns etc which are intended to be transferred to another person(s) on leasehold or freehold basis. Projects which received occupancy certificates before May 1, 2017, will not come under the jurisdiction of the authority.

Source: https://www.newindianexpress.com/states/kerala/2022/feb/27/homebuyers-can-verify-project-details-on-rera-website-2424208.html

Telangana Chief Secretary Somesh Kumar held a meeting with representatives of CREDAI, TREDAI, Telangana Builders Association and other organisations on issues related to development of real estate and pre-launch of cases without RERA regulation.

Telangana chief secretary warns realty sector over RERA violations

Telangana Chief Secretary Somesh Kumar held a meeting with representatives of CREDAI, TREDAI, Telangana Builders Association and other organisations on issues related to development of real estate and pre-launch of cases without RERA regulation.

He warned of strict action, including filing of criminal cases as per the provisions of RERA, against people, companies and developers, who are found involved in undivided sales and pre-launch sales. It was also decided to constitute a team for tracking social media.

A special campaign will be taken up by CREDAI, in coordination with the municipal, registration and IPR departments, to create awareness among people to buy only those projects which are approved by RERA and not get cheated by builders, who are involved in fraudulent activities.

Representatives of various real estate bodies urged the government to take strict action against fraudulent builders. It was also decided to form an expert committee comprising officials from town planning and registration departments and representatives of CREDAI to suggest measures to curb the menace of undivided sales and pre-launch sales.

No place to hide for violators: Somesh

Somesh Kumar said strict action, including filing of criminal cases, would be taken as per RERA against people, companies and developers, found involved in undivided sales and pre-launch sales. A team would also social media for violations, he said.

Source: https://www.newindianexpress.com/states/telangana/2022/feb/19/telangana-chief-secretary-warns-realty-sector-over-rera-violations-2421205.html

In case of delayed possession of house in Navi Mumbai, the MahaRERA Appellate Tribunal (Mumbai) upheld the MahaRERA order of payment of interest on the amount paid by the aggrieved homebuyer.

Navi Mumbai: Over delay, homebuyer gets interest on total cost

In the case of delayed possession of a house in Navi Mumbai, the MahaRERA Appellate Tribunal (Mumbai) upheld the MahaRERA order of payment of interest on the amount paid by the aggrieved homebuyer.

The order states,the builder is now required to pay a marginal cost of lending rate (MCLR) and two per cent interest under section 18 of the Real Estate (Regulation and Development) Act. The disputed property – on the 17th floor of Marathon NexE one of Sanvo Resorts Pvt Ltd– was bought by Neha Bagwe for Rs 38.77 lakh, excluding taxes and other charges, in 2012.

The agreement was signed in 2014 after the developer accepted Rs 10 lakh. The developer had promised possession in 2016, and Bagwe paid the entire amount by then. However, she and her family got possession only in January this year. Bagwe said she moved MahaRERA in 2018, seeking interest from the builder on the flat cost.

In 2019, the MahaRERA passed an order in her favour. However, the developer appealed in the Appellate Tribunal seeking that Bagwe’s plea be dismissed on grounds that the delay was caused due to factors beyond his control. Bagwe said the delay was stressful for the family as she had a home loan monthly instalment of Rs 20,000.

She said she had also taken an education loan for her daughter. The builder had contended in the Tribunal that the project land was declared as notified area in January 2013 by the state government.

Source: https://www.freepressjournal.in/mumbai/navi-mumbai-over-delay-homebuyer-gets-interest-on-total-cost

Sending out a strong message to the developers who are yet to comply with its earlier orders, the Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has imposed a penalty of Rs 1.08 crore on seven developers.

Rera fines 7 developers over ₹1 crore for not handing over flats within deadline

Sending out a strong message to the developers who are yet to comply with its earlier orders, the Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has imposed a penalty of Rs 1.08 crore on seven developers.

All the seven builders have failed to deliver the units to their buyers within the stipulated deadlines. While four have projects in Noida, two are from Ghaziabad and one is based in Meerut.

TOI has learnt that UP-Rera chairman, along with the secretary and its three members, held a meeting on January 24 to review the status of its orders. At the meeting, they noticed that some developers, despite seeking additional time from the regulator to fulfil the obligations, failed to comply with the directions.

The buyers, meanwhile, kept filing their appeals before the Authority to get the due payment and allotment.

Invoking the Rera Act, the regulator slapped the highest penalty of Rs 35.41 lakh on Gardenia India Limited.

During an inspection in October last year at Rera’s behest, a team of experts visited the Gardenia Gateway project in Sector 75 that was to be completed in two phases. However, several anomalies were detected during the survey of the project and many amenities promised to the buyers remained incomplete.

Similarly from Ghaziabad, Sarvottam Realcon Pvt Ltd was asked to pay up Rs 27.08 lakh while Ansal Urban Condominiums has to deposit Rs 3.09 lakh.

Alpha Corp Development Pvt Ltd, which is developing a project on the Meerut-Muzaffarnagar highway has been asked to pay Rs 8.75 lakh.

In case the developers fail to deposit the penalty amount within 15 days, officials said, the regulator could issue recovery certificates against them and ask the local administration to attach their properties to recover the money.

In another development, the regulator has extended the deadline for developers to file the quarterly progress report of their projects by two months.

“They will now get time till February 28 to upload details on our portals,” said a Rera official.

Source: https://timesofindia.indiatimes.com/city/noida/rera-fines-7-developers-over-1-crore-for-not-handing-over-flats-within-deadline/articleshow/89167236.cms