Odisha notifies amended real estate regulation rules

Complying with the assurance made to Orissa High Court, the State government on Monday notified the Odisha Real Estate (Regulation and Development) Amendment Rules 2022. The new rules have been notified by the Housing and Urban Development department after suitable modifications to the existing Odisha Real Estate (Regulation and Development) Rules 2017.

Officials said the gazette notification of the amended rules intends to ensure smooth implementation of the RERA Act for the government and also to make its compliance easier for all stakeholders including promoters and buyers.

As per the amendments, the promoter will have to abide by the time schedule for completing the project as disclosed at the time of registration with the authority. Any imposition or increase of development charges after the expiry of the deadline of a project will not be charged from the allottees.

Besides, the allottees will also have the right to visit the site to assess the extent of development of the project and his/her apartment or plot. The amendment rules also clarify that the promoter will hand over the common areas of the project to the association of allottees after duly obtaining the occupancy certificate from the competent authority as provided in the Act.

In the absence of any local law, the promoter will hand over the necessary documents and plans including common areas to the association of allottees or the competent authority, as the case may be, within 30 days after obtaining the occupancy certificate. Besides, a number of other modifications have been made in the rules to streamline the agreement for sale of houses and make the rules compliant with the Real Estate (Regulation and Development) Act, 2016.

RERA activists who welcomed the amended rules said attempts have been made to bring clarity on the transfer of common areas to the association and give due importance to the occupancy certificate. They, however, suggested that the power to resolve disputes in the agreement should be brought before the RERA Authority and not adjudicating authority as mentioned in the rules.

The State government in the last week of August had assured the High Court to bring the amended ORERA Rules without four weeks.The notification of the amended rules assumes significance in view of the ban the court had imposed on the registration of sale deeds relating to apartments and flats without conforming to provisions of the RERA Act.

Source: https://www.newindianexpress.com/states/odisha/2022/sep/13/odisha-notifies-amended-real-estate-regulation-rules-2497717.html

State government seeks Odisha RERA help to bring changes to real estate rules

The State government has sought recommendations from the Odisha Real Estate Regulatory Authority (ORERA) to bring necessary modifications to the agreement for sale provision under Odisha Real Estate (Regulation and Development) Rules-2017 in conformity with the RERA Act and its rules.

The government move comes following the order of the Orissa High Court in this regard on June 22. As per the HC order, the State government will also re-examine and bring necessary changes to the format of the ‘agreement of sale’ in the rules in line with the RERA act.

Accordingly, the Housing and Urban Development department has sought recommendations from ORERA in this regard. Sources said necessary amendments are required to remove the difficulties in the existing ‘agreement to sell’ provision prescribed in the ORE (R&D) Rules 2017 which has led to non-registration of the sale agreement by the Inspector General of Registration (IGR).

RERA activists said no clause in the agreement to sale should allow any part of the ‘common area’ to be with builder or even booked or sold to individual buyer as the entire land as well as common area of a project is required to be registered in the name of the ‘Association of Allottees’ formed under the Act.

The agreement to sell also must clearly mention the ‘saleability of Covered Parking’, a tabular format for price breakup, cost of the land, share of land and common areas as well as transaction relating to carpet area.

Source: https://www.newindianexpress.com/states/odisha/2022/jul/13/state-government-seeks-odisha-rera-help-to-bring-changes-to-real-estate-rules-2476037.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

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

To protect the interests of consumers, the State Government formed the Real Estate Regulatory Authority under the Real Estate Regulation and Development Act, 2016.

Real Estate Business: RERA fails to protect consumers’ interests

To protect the interests of consumers, the State Government formed the Real Estate Regulatory Authority (RERA) under the Real Estate (Regulation and Development) Act, 2016. Five years have elapsed, but RERA failed to serve its very purpose.

The outcome is that the Gauhati High Court has served a notice to RERA a few days back based on a PIL filed by Anita Verma. The PIL will come up for its next hearing on February 3, 2022.

The State government set up the RERA to protect apartment buyers from harassment from builders and promoters. The key objective of RERA is to upload details of promoters and developers antecedents, the status of approval of buildings and other related information on the website.

The Act says that RERA has to launch its website within a year and upload details of promoters and developers. It will let the buyers know the details of building promoters before making any advance payment for buying apartments. Five years have already elapsed, but RERA has not yet launched its website.

The Act has provisions of the appellate authority and a court to settle disputes between buyers and sellers. However, the court is not functioning smoothly. The Act further says that all activities of RERA will be online. However, RERA does most of its work manually.

Apartments keep springing up in Guwahati and other urban areas in the state. A section of builders takes advance amounts from buyers. However, they (builders) often fail to hand over apartments to the buyers on time. In most cases, the buyers have to run after builders.

Some builders also play the mischief – they show buildings’ interior plans while signing agreements but make changes at their convenience later, deviating from the original plans. Had RERA launched its website on time, the customers would have got details of building projects before making advance payments or signing agreements.

A source associated with the real estate business said, “It baffles us why RERA has not launched the website even after five years of its formation. Thus it has failed the very objective of the Act. RERA makes queries to promoters regarding the technical and legal aspects of projects. Agencies like the GMC, GMDA, Town and Country Planning bodies permit us to erect buildings after verifying all related issues. Why should RERA quiz us regarding projects? It is high time RERA focused on its objectives to protect buyers’ interests.”

Source: https://www.sentinelassam.com/topheadlines/real-estate-business-rera-fails-to-protect-consumers-interests-575775

Top Builders are making Customers fool in Jammu and selling Flats worth Rs.65 lakhs or more without RERA registration.

One Builder Constructing Multiple Flat Projects In Jammu Without RERA

Top Builders are making Customers fool in Jammu and selling Flats worth Rs 65 lakhs or more without RERA registration.

Sources told Cross Town News, they have been selling/booking Flats without approving them from RERA , where one of them is constructing multiple Projects in Jammu and is the Boss.

The Act states that all ongoing as well as under-construction projects that have not received completion certificate have to get registered with the regulatory authorities within three months, i.e, July 31, 2017. Projects with a plot size of minimum 500 sq m or eight apartments will fall under the purview of the Act.

Section 3 of the Act says: “No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act.

With Jammu and Kashmir now UT , all Central Acts also come in picture including RERA, wheras in addition to this also on 16th Decemebr , 2018 , Jammu and Kashmir Real Estate ( Regulation & Development ) Act , 2018 came into picture.

Section 3 of the said project ,categorically said , without registration , no Selling/Booking can take place.

More Interestingly the Builder who is the Boss, who is making the Flats at Kunjwani Narwal Highway , Chowadhi and few allready existing projects in Jammu, is alos creating havoc in Lives of People also living nearby.

Many People staying nearby have forward complaint to the Builder to keep things in order, as Water sneaks into nearby House ,but he has kept a blind eye till now, puts a question how is bothered about lives of people.

Source: https://www.crosstownnews.in/post/69126/one-builder-contructing-multiple-flat-projects-in-jammu-without-rera-puts-life-of-near-by-in-danger.html

The Bihar Real Estate Regulatory Authority has taken strong action against three private developers for violating RERA norms.

Bihar RERA penalises Green Vatika Homes, Arunendra Developers & Shiba Welcome

The Bihar Real Estate Regulatory Authority (BRERA) has taken strong action against three private developers for violating RERA norms, an official said on Tuesday.

The action has been taken after more than one dozen home buyers filed written complaints with the BRERA. The official said that the real estate companies — Green Vatika Homes Pvt Ltd, Arunendra Developers Pvt Ltd and Shiba Welcome Pvt Ltd – violated RERA guidelines.

Accordingly, action has been taken against them in the last one week.

“The home buyers have filed complaints against these builders and the violation was found during the hearing. Accordingly, we have frozen the bank accounts of directors of the companies,” the official said.

“Besides, we have also asked them to submit all financial transactions, investments and expenditures of the companies after the particular project launched in Bihar. Till that time, we have stopped them from selling residential units till the next order,” the official said.

Home buyers have filed complaints against Green Vatika Homes, for instance. The company has projects named VIP Residency, Pusp Vatika, Kamal Complex, Urmila Vatika and other projects in Patna and other districts.

“We have paid 80% to 90% of our total cost of the residential flats but our builder has not completed the construction accordingly. We strongly believe that the builder has three to four projects underway and it has invested our money in other projects,” said Ravindra Kumar Sinha, a home buyer.

Bihar RERA has frozen the bank accounts of Pankaj Kumar, Chandan Kumar and Upendra Mandal, directors of Arunendra builders. The regulatory body has also banned the sale of residential units of its projects at Phulwari Sarif, Danapur-1 enclave and other parts of Bihar.

The next hearing on Green Vatika Homes and Arunendra builders is scheduled for April 16.

Similarly, Bihar RERA has frozen the bank accounts of Khalid Rashid and Amina Rashid, the directors of Shiba Welcome builders. RERA has also banned sales of the project Rajeshwar Apartment.

The hearing of Shiba Welcome Builders is scheduled on May 10.

Source: https://realty.economictimes.indiatimes.com/news/regulatory/bihar-rera-penalises-green-vatika-homes-arunendra-developers-shiba-welcome/82060175

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons.

Finally, Govt sets into motion exercise for setting up of RERA

The dilly-dallying approach in the establishment of Real Estate Regulatory Authority (RERA) in the Union Territory of Jammu and Kashmir has finally come to an end with Housing and Urban Development Department setting into motion an exercise for the appointment of Chairperson and two Members and formal orders are likely to be issued by the end of next month.

The Parliament in the month of March 2016 had enacted the Real Estate (Regulation and Development) Act for regulation and promotion of real estate sector and to ensure sale of real estate projects in an efficient and transparent manner and to protect the interest of consumers.

The Section 84(1) of the Act confers powers on the Governments of States and Union Territories to frame Rules to carry out the implementation of law. In exercise of this power, the Government of Union Territory of Jammu and Kashmir framed J&K Real Estate (Regulation and Development) Rules, 2020 and the same were notified by the Housing and Urban Development Department on July 22, 2020.

However, no immediate steps were initiated for establishment of Real Estate Regulatory Authority and the dilly-dallying approach was highlighted by EXCELSIOR in its edition dated December 3, 2020. It was revealed that implementation of Central Law could not begin even several months after the framing of Rules in the absence of Real Estate Regulatory Authority.

Finally, the Housing and Urban Development Department has started an exercise for the appointment of Chairperson and two Members of the Authority by inviting applications from the eligible persons. All these applications will be placed before a Selection Committee consisting of the Chief Justice of the High Court or his nominee, the Secretary of the Housing and Urban Development Department and Secretary of Department of Law, Justice and Parliamentary Affairs strictly as per Section 22 of the Real Estate (Regulation and Development) Act, 2016.

It is pertinent to mention here that a person having adequate knowledge of and professional experience of at least 20 years in urban development, housing, real estate development, infrastructure, economics etc is eligible for the pose of Chairperson while as for the posts of Members 15 years experience has been fixed and eligibility criteria is same.

Moreover, a person who is or has been in the service of the Government shall not be appointed as Chairperson unless such person has held the post of Additional Secretary in the Central Government or any equivalent post in the Central Government or State Government.

Sources disclosed that entire exercise vis-à-vis setting up of Real Estate Regulatory Authority by appointing Chairperson and Members will be completed by the end of next month so as to ensure that fast expanding real estate sector in the Union Territory of Jammu and Kashmir is regulated in a transparent manner.

“The Authority will have the powers to direct the promoter, allottee or real estate agent to furnish in writing information or explanation and requisition any public record or document or copy of such record from any office”, sources said, adding “after the establishment of Authority, the Government will initiate steps to set up Real Estate Appellate Tribunal so that any person aggrieved by any direction or decision or order made by the Authority may prefer an appeal before the Appellate Tribunal”.

They further said, “there is also a provision in the Act that until the establishment of an Appellate Tribunal, the Government may designate by order any Appellate Tribunal functioning under any law for the time being in force, to be the Appellate Tribunal to hear appeals under the Act”.

It is pertinent to mention here that since real estate sector is growing fast in the length and breadth of Union Territory of Jammu and Kashmir there is a dire need for regulating in most transparent manner. Everybody-promoter, allottee and real estate agent have been covered under the Act and Rules so that the sector is regulated properly.

Source: https://www.dailyexcelsior.com/finally-govt-sets-into-motion-exercise-for-setting-up-of-rera/