Homebuyers write to Mamata to implement RERA within 30 days

An association representing homebuyers has written to Bengal chief minister Mamata Banerjee urging her to take necessary steps to make real estate law RERAfunctional in the state within one month.

The Forum For People’s Collective Efforts (FPCE), an umbrella body of homebuyers, has expressed concern over real estate law RERA still being non-functional in Bengal, leaving buyers at the mercy of the builders.

FPCE president Abhay Upadhyay, who is also a member of central advisory committee, RERA, wrote a letter on August 16 to the chief minister over the long wait for the implementation of The Real Estate (Regulation and Development) Act, 2016 (RERA) in Bengal.

In May last year, the Supreme Court had struck down the Bengal government’s law WBHIRA for regulating the real estate sector, saying it was “unconstitutional”. Upadhyay’s letter was also marked to Supreme Court justice D.Y. Chandrachud, who had passed the judgment, and union housing and urban affairs minister Hardeep SinghPuri.

After the top court setback, the Bengal housing department on July 26, 2021, notified the rules laying down the legal framework for setting up the Real Estate Regulatory Authority.

However, it is yet to become functional for the want of a chairman and members. Moreover, the formation of the Appellate Tribunal; creation of web pages; and setting up of other infrastructure needed for the early enforcement of RERA has also not been done yet. “I am confident that once the matter is brought to the notice of the chief minister, things will fall in place. The state has done everything to comply with the SC directive. Only the operationalisation of the Authority and Appellate are pending,” Upadhyay said this morning. According to RERA rules, the chairperson and other members of the Authority shall be appointed by the appropriate (state) government.

Source: https://www.telegraphindia.com/business/homebuyers-write-to-mamata-banerjee-to-implement-real-estate-law-rera-in-bengal/cid/1881590

A delay in the formation of a regulatory authority has affected the launch of real estate projects in Bengal.

Delay in RERA formation hits Bengal housing

A delay in the formation of a regulatory authority has affected the launch of real estate projects in Bengal. Developers have lost out on new business opportunities while aggrieved home buyers were left in the lurch because of the delay.

Six months have passed since May 4 when the Supreme Court had struck down a Bengal specific act to govern real estate activities in the state as ‘unconstitutional’, prompting the Mamata Banerjee-government to come up with new rules following the central model act.

The housing department had notified rules on July 26, which laid down the legal framework for setting up the Real Estate Regulatory Authority. However, it is yet to become functional for the want of a chairman and members.

More than 100 projects are yet to see the light of the day for want of registration by RERA, which is a must before builders can solicit buyers for new projects. Likewise, several hundred complaints filed by harassed homebuyers are also awaiting adjudication of the authority.

The vacuum in the regulatory authority comes at a time the Mamata Banerjee government announced a relief in the rate of stamp duty and the circle rate to stimulate demand in the real estate sector and encourage buyers.

In the absence of the authority, neither are the developers able to launch projects and take advantage of the buoyancy in the market nor are buyers getting enough projects to choose from.

“It is a fact that project launches are getting delayed as the authority has not been formed. We hope it is done soon,” Nandu Belani, president of Credai, Bengal, said.

The formation of the regulatory authority involves a well laid-down search process. The chairperson and other members of the authority are to be appointed by the state government on the recommendations of a selection committee consisting of the chief justice of the high court or his nominee, the housing secretary and the law secretary or their nominees.

Sources said the selection committee has been formed even though a change of secretary in the housing department may have slowed down the process, apart from the puja holidays.

The selection committee would be required to recommend candidates which the government is bound to pick from to fill up the post of chairperson.

Some of the developers, however, are not willing to wait for the formation of the authority and registration before launch to avoid cost overrun. Sushil Mohta, president of Credai West Bengal and owner of Merlin Group, said he has advised members to go ahead without registration, if required.

“Our project is fully compliant with the rules framed under the West Bengal Real Estate (Regulation & Development) Rules, 2021. Once the authority is formed, we will take registration,” Mohta said when asked about a new Merlin project.

Not all developers are confident though. One of them pointed out there is no legal provision to register ongoing projects in the rule promulgated in July. “Some of us may not want to expose our projects to legal challenges and put buyers into jeopardy,” said a city-based developer who did not wish to be named.

Source: https://www.telegraphindia.com/business/delay-in-rera-formation-hits-bengal-housing/cid/1838319

Government of West Bengal, Housing Department has notified West Bengal Real Estate Rules, vide Gazette notification dated 27th July 2021

Projects & Realtors Registration status under WBHIRA

WBHIRA

  • Registration of Real Estate Project with West Bengal Housing Industry Regulatory Authority (WBHIRA) is compulsory under U/s 3 West Bengal Housing Industry Regulatory Authority (WBHIRA) Act.
  • Total number of Registered Projects in West Bengal under WBHIRA Authority – 340.
  • Out of which Registered Projects in Kolkata under WBHIRA Authority – 102.
  • Total number of Registered Realtors in West Bengal under WBHIRA Authority – 138.
  • Out of which Registered Realtors in Kolkata under WBHIRA Authority – 96.
  • WBHIRA Website: www.hira.wb.gov.in

WB Housing & Industry Regulatory Authority Dawns in West Bengal to protect Home Buyers

  • Government of West Bengal (Housing Department) appoints 1st Day of June, 2018 as the date, the WB Housing Industry Regulation Act, 2017, will come into force. (Notification dated 29th March, 2018).
  • Official Website of WB HIRA Authority launched. (Visit hira.wb.gov.in for more details).
  • The Office of West Bengal HIRA established at Calcutta Green’s Commercial Complex, 1st Floor, 1050/2 Survey Park, Kolkata – 700075. (Notification dated 6th June 2018).
  • WB HIRA Authority starts taking up processing of the application for registration of projects / Real Estate Agents (Notification dated 15th September 2018).
  • Shri. Adip Kumar Ray appointed to the post of Member Secretary, WB, HIRA (Notification dated 21st June 2018).
  • The Secretary, Housing Department, Government of West Bengal designated as the Regulatory Authority under WB HIRA (Notification dated 13thSeptember 2018).

West Bengal HIRA Updates

  • The Housing Industry Regulatory Authority (WB HIRA) has been established under Section 20 of West Bengal Housing Industry Regulatory Act, 2017 which has been published in the Official Gazette dated 17th October, 2017 and came into effect on 1st June, 2018.
  • The WB HIRA (West Bengal Housing Industry Regulatory Authority) website was recently launched.
  • Shri. Adip Kumar Ray has been appointed to the post of Member Secretary, vide Notification No – 730 – PAR (WBCS)/1D – 150/18 dated 21st June 2018.

For further information please visit hira.wb.gov.in