Proposed Draft Real Estate Regulation Bill by Ministry of Housing and Urban Poverty Alleviation – By: Munikrishna Boga

The salient features of the Draft Real Estate (Regulation & Development) Bill are

  • Establishment of a ‘Real Estate Regulatory Authority’ in each State by the Appropriate Government (Centre for the UTs and State Governments in the case of the States), with specified functions, powers, and responsibilities to facilitate the orderly and planned growth of the sector;
  • Mandatory registration of developers / builders, who intend to sell any immovable property, with the Real Estate Regulatory Authority as a system of accreditation;
  • Mandatory public disclosure norms for all registered developers, including details of developer, project, land status , statutory approvals and contractual obligations;
  • Obligations of promoters to adhere to approved plans and project specifications, and to refund moneys in cases of default;
  • Obligation of allottee to make necessary payments and other charges agreed to under the agreement and payment of interest in case of any delay;
  • Provision to compulsorily deposit a portion of funds received from the allottees in a separate bank account, to be used for that real estate project only;
  • The Authority to act as the nodal agency to co-ordinate efforts regarding development of the real estate sector and render necessary advice to the appropriate Government to ensure the growth and promotion of a transparent, efficient and competitive real estate sector; as also establish dispute resolution mechanisms for settling disputes between promoters and allottees/ buyers;
  • Authorities to comprise of one Chairperson and not less than two members having adequate knowledge and experience of the sector;
  • Establishment of a ‘Real Estate Appellate Tribunal’ by the Central Government to hear appeals from the orders of the Authority and to adjudicate on disputes. Tribunal to be headed by a sitting or retired Judge of Supreme Court or Chief Justice of High Court with 4 judicial and at-least 4 administrative/technical members;
  • Chairperson of the Tribunal to have powers to constitute Benches, for exercising powers of the Tribunal;
  • Establishment of a Central Advisory Council to advise the Central Government on matters concerning implementation of the Act.
  • Council to make recommendations on major questions of policy, protection of consumer interest and to foster growth and development of the real estate sector;
  • Penal provisions to ensure compliance with orders of the Authority and Tribunal;
  • Jurisdiction of Civil Courts barred on matters which the Authority or the Tribunal is empowered to determine;
  • Both Centre and States to have powers to make rules over subjects specified in the Bill, and the Regulatory Authority to have powers to make regulations;
  • Powers to Central Government to issue directions to States on matters specified in the Act have also been specified.

Source: Ministry of Housing and Urban Poverty Alleviation webiste: http://mhupa.gov.in/index.htm)

 

News as published in ET (Source: 
http://economictimes.indiatimes.com/markets/real-estate/policy-/-draft-real-estate-regulation-bill-to-bring-in-transparency-in-land-selling/articleshow/10700405.cms
)

Builders will have to register themselves before launching housing 
projects, stick to the approved plans and refund money to homebuyers in 
case they default, after the government brings in a new law aimed at 
bringing in more accountability and transparency in land and home 
transactions. 

The Real Estate (Regulation and Development) Bill, 2011, which is expected 
to be tabled in Parliament during the upcoming winter session, will also 
pave the way for the setting up of the Real Estate Regulatory Authority, 
an industry watchdog that will keep a lease on land sharks and 
fly-by-night operators. Union minister for housing and urban poverty 
alleviation, Kumari Selja, on Friday unveiled a new draft bill for public 
consultation. 

The draft has also recommended that builders set up a separate escrow 
account to compulsorily deposit 70% of the funds received from buyers and 
to ensure that these funds are used for that real estate project only. An 
earlier draft had proposed that the developers would submit bank 
guarantees. 

The draft has also said that the promoters will be obliged to stick to the 
approved plans and project specifications and provide all information to 
the buyers who have booked apartments, which includes site plans along 
with structural designs and specifications. 

The builders, who intend to sell any immovable property, will have to 
register with the Real Estate Regulatory Authority for accreditation, 
except for when the area of the land being developed does not exceed 4,000 
sq mt. 

But the developer will have to make an application to the authority 
disclosing details about the project, including land status, approvals and 
contractual obligations for the registration process. No builder will be 
allowed to issue or publish an advertisement or prospectus or start 
booking of flats in a project without obtaining registration from the 
authority. 

The builders will also have to refund moneys in cases of default. "If the 
developer willfully fails to comply with the norms they shall be 
punishable with imprisonment for a term of up to three years or a penalty 
which may extend to a tenth of the estimated cost of the real estate 
project, or both," the bill says. 

Builders have been up in arms against the imprisonment clause and have 
said it can be misused and heavy financial penalty is more than enough. 

"The bill aims at restoring confidence of the general public in the real 
estate sector and ensure transparency, disclosure and accountability in 
the real estate sector," said Selja. She said that the bill proposes to 
strike a balance between encouraging regulated growth and development as 
well bringing in more accountability in the sector. 

The draft has proposed the formation of a nodal agency called the Real 
Estate Regulatory Authority in each state to co-ordinate efforts regarding 
development of the real estate sector and offer necessary advice to the 
state governments and centre for a "transparent, efficient and competitive 
real estate sector." The authority will also establish dispute resolution 
mechanisms for settling disputes between developers and buyers. 

Getamber Anand, vice president of CREDAI - a builders' association -and 
managing director of ATS Group said, "This could lead to unauthorised 
developments in plots of less than acres especially in the smaller cities 
and town where unauthorised colonies are built on smaller plots." 

The draft has recommended that the buyer will also be obliged to make 
necessary payments and other charges as agreed to under the agreement and 
payment of interest in case of any delay

References:

Real Estate Bill

Final Press Brief for 10_11_2011

By: Munikrishna Boga

10 Comments

  1. revanth rev September 16, 2013
  2. Harsha Sagar June 4, 2013
    • Muni June 5, 2013
  3. priya January 4, 2013
    • Muni January 4, 2013
  4. saurabh December 29, 2012
    • Muni December 29, 2012
  5. shail November 27, 2011
    • Muni December 1, 2011
  6. Muni November 16, 2011

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