The Maharashtra government has appointed a retired judge and a retired IAS officer as full time members of the Maharashtra Real Estate Appellate Tribunal (MREAT) set up under Real Estate (Regulation and Development) Act.

Mumbai: Two new members appointed on RERA tribunal

The Maharashtra government has appointed a retired judge and a retired IAS officer as full time members of the Maharashtra Real Estate Appellate Tribunal (MREAT) set up under Real Estate (Regulation and Development) Act.

Retired judge SR Jagtap has been appointed as Member, Judicial, and retired IAS officer K Shivaji has been appointed as Member, Technical/Administrative to fill vacancies, the government order issued on Tuesday said.

Jagtap has served as the designated judge of Protection of Children from Sexual Offences (POCSO) Act and as a special judge in Khed-Rajgurunagar near Pune district. K Shivaji is a 1986-batch Maharashtra cadre officer who served with the Asian Development Bank before his appointment in August 2020 as Secretary Ministry of Personnel, Public Grievances, and Pensions with additional charge as Ministry of Statistics and Programme Implementation.

The two members will join the Tribunal presently headed by former High Court judge Justice (retd) Indira Jain. Set up on October 24, 2019, the three-member tribunal had retired IAS officer SS Sandhu serving as Member, Administrative, and retired judge Sumant Kolhe as Member, Judicial.

After Kolhe completed his term, only one bench consisting of the other two members was functioning. The tribunal adjudicates on the appeals filed against the orders passed by the housing regulator Maharashtra Real Estate Regulatory Authority (MahaRERA).

Source: https://www.freepressjournal.in/mumbai/mumbai-two-new-members-appointed-on-rera-tribunal

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

Gujarat Real Estate Regulatory Authority has extended the deadline for the submission of the annual report on the statement of accounts by real estate developers for fiscal 20-21.

GujRERA extends deadline to file annual report

Gujarat Real Estate Regulatory Authority (GujRERA) has extended the deadline for the submission of the annual report on statement of accounts by real estate developers for fiscal 2020-21. The last date for the submission has been extended till December 31, 2021, to provide relief to developers amid the disruptions caused by the Covid-19 pandemic.

Real estate developers are required to submit the annual report on statement of accounts in Form-5 within six months after the end of every fiscal year for every registered project. The Covid-19 pandemic and the country-wide lockdown as well as restrictions halted all activities in the real estate sector, the state real estate regulator said in its recent order. It added that various other statutory bodies such as CBDT (Central Board of Direct Taxes) have extended the due date for the submission of annual compliances. Providing a relaxation in the due date of the statutory compliance will give relief to promoters.

“The last date for the submission of Form-5 for the financial year 2020-21 which is due on 30th September 2021, is extended up to 31st December 2021,” Gujarat RERA said in its order.“Promoters and chartered accountants are required to comply with the requirement of submission of Form-5 by the revised time period,” the state authority added.

Source: https://timesofindia.indiatimes.com/city/ahmedabad/gujrera-extends-deadline-to-file-annual-report/articleshow/86379008.cms

H-RERA has directed the developer to submit an affidavit by September 20 with details of the repairs done in the society to date and how the realtor plans to complete the remaining work.

Rera demands affidavit from developer on repair work

A month after the Gurgaon police registered a case against city-based Raheja Developers for poor construction quality of Raheja Vedaanta on the complaint of the department of town and country planning, the repair work at the Sector 108 residential society is far from complete. A senior town planner is supposed to monitor the repair work before a team from IIT-Delhi certifies the same.

Haryana Real Estate Regulatory Authority (H-Rera) has now directed the developer to submit an affidavit by September 20 with details of the repairs done in the society to date and how the realtor plans to complete the remaining work. The real estate regulator is of the view that sufficient time has been given to the developer, TOI has learnt.

The society’s RWA highlighted that water seepage was taking place not only from the two basement floors but also from the expansion joints on the ground floor, and the need for urgent remedial measures. On the facade of the building, the developer will have to take immediate action for interim safety like installation of safety nets.

According to the RWA, the developer tried to shift the blame on the association saying they did not maintain the structure properly. “Till now, all the infrastructural assets have not been handed over to the RWA. Even the basic structural drawings of the buildings are yet to be given to the RWA,” said Gautam Sen, president of Vedaanta RWA.

When contacted, the developer refused to comment.

Spread across 10.68 acres of land in Sector 108, the developer got a licence for the residential group housing society in 2007 from DTCP. Construction work at the project site started in 2008 and the developer started giving possession to homebuyers from 2014. The issues regarding structural issues have been raised by the residents since 2018. The DTCP got the FIR lodged against the developer in August.

Source: https://timesofindia.indiatimes.com/city/gurgaon/rera-demands-affidavit-from-developer-on-repair-work/articleshow/86129733.cms

3,371 residential projects across the state have been declared 'lapsed' between 2017 and 2021 because the builders were unable to complete them by the deadline.

3,400 housing projects in Maharashtra have ‘time-lapsed’: Rera

As many as 3,371 residential projects across the state have been declared “lapsed” between 2017 and 2021 because the builders were unable to complete them in the deadline they had set while registering their projects with the MahaRera. Of these, 453 projects are in Greater Mumbai, according to MahaRera’s list of “expired” projects.

“The validity of MahaRera registration for these projects has expired. The promoter shall not 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,” the regulatory authority said.

‘Funding is the biggest reason why builders’ projects lapse in state’

Builders must in such a case apply for an extension. Vasant Prabhu, secretary, Maha-Rera, said that these builders are granted a year’s extension by the housing authority. “But if they are still unable to complete the project after the one-year extension, such builders will have to seek the consent of at least 51% of the people who have booked apartments in their projects. If these flat buyers agree to a further extension, MahaRera will not object,” he said.

“Lapse of project can be avoided if the developer updates the project details mandated by MaharRera on its portal and obtains extension of project if required at a proper time,” Niranjan Hiranandani, CMD, Hiranandani Communities, and president of the builder body Naredco National, said.

Lapsed projects are not blacklisted projects, said developer and vice-president of Naredco West, Hitesh Thakkar. “It’s the timeline of the project, which is lapsed, which can be revived with consent of buyers. Developers must maintain transparency and good relations with their buyers,” Thakkar said.

Anuj Puri, chairman of ANAROCK Group, said Rera registration numbers of various projects in the state have lapsed on account of several factors, but funding is by far the biggest reason. “Rera was implemented in 2017, and a year later the IL&FS crisis held real estate hostage, particularly the residential segment. NBFCs had been a major source of funding for the real estate industry since banks were reluctant owing to rising NPAs. Funding by the NBFCs slowed down significantly with the IL&FS crisis. Private equity funding into the sector also slowed down to a trickle back then,” he said.

Puri said Grade B and C developers were the most impacted as lending to them was minimal. “It is not all doom and gloom, however. Government-backed funds are identifying some projects that are near completion to bring them to completion with last-mile funding, and some of the larger developers are taking over and reviving some other projects,” he said.

Source: https://timesofindia.indiatimes.com/city/mumbai/3400-housing-projects-in-maharashtra-have-time-lapsed-rera/articleshow/85964532.cms

The district administration will soon initiate a drive to recover dues from private developers who have defaulted on payments.

Soon, a drive to recover Rs 400cr dues from builders

The district administration will soon initiate a drive to recover dues from private developers who have defaulted on payments. More than 80 private developers are under the radar and a sum of about Rs 400 crore has to be collected from them, officials have said.

Various government agencies, including the UP-Rera, the Noida Authority and the Greater Noida Authority, have already issued recovery certificates against these developers after having failed to recover dues from them. However, the recovery certificates will have to be executed by the district magistrate as per the UP Revenue Code.

The administration had, in fact, put its plan on hold for a while as it was busy with the management of Covid-19 patients and the rehabilitation of families displaced by the Noida International Airport project. “But now things are now under control and our officials have time to finish the legal proceedings,” a senior administrative officer told TOI.

If a promoter fails to comply with the order of the adjudicating officer of the real estate regulator or is unable to settle the payment towards the land to the holding authority, the unpaid revenue becomes arrears and the developer is designated a defaulter. The district administration has the power to attach the properties and assets in the name of the defaulter.

Additional district magistrate (finance) Vandita Srivastava said that action against 32 defaulters has been initiated so far and assets worth about Rs 350 crore have been recovered or attached. “Majority of the defaulters are based out of Dadri. The sub-divisional magistrate of Dadri will soon identify the other defaulters and attach their properties. We have seven more months in this fiscal to recover the dues.”

Source: https://timesofindia.indiatimes.com/city/noida/soon-a-drive-to-recover-rs-400cr-dues-from-builders/articleshow/85502783.cms

The real estate regulator directed the developer to return the amount paid by the two home-buyers and the bank, which offered loan to the complainants.

Tamil Nadu Real Estate Regulatory Authority: Can’t compel buyers to take delayed flats

Citing an order of the Supreme Court, the Tamil Nadu Real Estate Regulatory Authority (TNRERA) has ruled that consumers cannot be compelled to take possession of delayed apartment units. Since the developer offered the completed flat after much delay, the real estate regulator ordered the promoter to refund payment with interest and slapped a fine of Rs 1 lakh for causing mental agony to the consumers.

The issue pertains to a housing project developed by Ozone Projects Pvt Ltd in Anna Nagar. Two homebuyers approached TNRERA seeking refund and compensation for the apartments booked by them. According to them, the developer promised to deliver the flat by December 2016 with a grace period of three months, but failed to honour its commitment.

In its response, the developer said that during the contractual period, it suffered two natural calamities in 2015 and 2016.

After hearing both sides, TNRERA ordered that Section 18 of the RERA Act gives flat purchasers the right to withdraw from the project and demand the amount paid by them with interest including compensation, if a promoter fails to hand over possession of a flat on the date specified in the agreement. The Supreme Court in a case had noted that once a builder failed to fulfill its contractual obligation of obtaining the occupancy certificate and offering possession of the flat to the purchaser within the time stipulated in the agreement, the homebuyer could not be compelled to take possession, TNRERA adjudicating officer G Saravanan said in the order.

The real estate regulator directed the developer to return the amount paid by the two homebuyers and the bank, which offered loan to the complainants.

Source: https://timesofindia.indiatimes.com/city/chennai/tamil-nadu-real-estate-regulatory-authority-cant-compel-buyers-to-take-delayed-flats/articleshow/85296284.cms

The Uttar Pradesh Real Estate Regulatory Authority has decided to extend the deadline for around 100 projects in Noida, Greater Noida and Yamuna Expressway, including Ghaziabad, by two years, to help the pandemic-hit realty sector.

UP-Rera extends deadline for 100 realty projects in Noida and Greater Noida

The Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has decided to extend the deadline for around 100 projects in Noida, Greater Noida and Yamuna Expressway, including Ghaziabad, by two years, to help the pandemic-hit realty sector.

The decision followed several representations from developers requesting an extension. However, the authority granted the extension on the condition that the developers get the validity of their projects’ maps too extended from their respective authorities.

According to the real estate rules, a developer gets a maximum of seven years to build and deliver a project from the time it gets all necessary approvals. But officials said that the UP-Rera, a quasi-judicial body, had powers to grant an extension under section 8 of the UP-Rera Act.

“In the interest of homebuyers, we have offered an extension of two years for these 100 projects in view of Covid-19 that disrupted work in 2020 and 2021. If any builder needs more than two years, that too can be considered provided they obtain consent from their homebuyers’ association,” said Balvinder Kumar, member of UP-Rera.

Around 200 projects have been delayed across Uttar Pradesh, said the authority officials.

Homebuyers said that the UP government should ensure that their flats are delivered.“The delay has been long and hard. It is high time that the government came forward with a comprehensive policy to address our woes,” said professor Rajesh Sahay, secretary, Noida Federation of Apartment Owners Associations.

Developers also welcomed the move. “The government should also help developers get additional funding to finish the projects in view of the crisis due to Covid-19,” said RK Arora, president of National Real Estate Development Council.

Source: https://www.hindustantimes.com/cities/noida-news/developers-in-noida-ghaziabad-get-two-years-more-to-deliver-flats-101627843522231.html

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

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

The Department of Housing undertakes various activities mainly relating to the framing and implementation of various Social Housing schemes through the Directorate of Housing and West Bengal Housing Board.

Source: https://www.wbhousing.gov.in/files/Gazette-Copy-of-West-Bengal-Real-Estate-Regulationand-Development-Rules-2021.pdf

View PDF: https://www.wbhousing.gov.in/files/Gazette-Copy-of-West-Bengal-Real-Estate-Regulationand-Development-Rules-2021.pdf

Since the enactment of real estate regulation law, RERA, and establishment of regulatory authorities across states, a total of 67313 projects have been registered in the country, 46% of them in Maharashtra alone.

Over 67k projects registered under RERA, homebuyers say just tracking registration not enough

Since the enactment of real estate regulation law, RERA, and establishment of regulatory authorities across states, a total of 67,313 projects have been registered in the country , 46% of them in Maharashtra alone. The western state also leads the list so far as registration of property agents is concerned while Uttar Pradesh tops among states in several complaints disposed of by regulators.

Official data till July 10 show that 31,221 projects have been registered with the RERA in Maharashtra, followed by 8,685 in Gujarat. Karnataka has the third maximum number of projects registered with RERA at 4,151. The UP RERA has registered 3,033 projects and the tally in Madhya Pradesh is 3,659.

So far as the registration of real estate agents or property dealers is concerned, out of the total 51,895 registrations across states, Maharashtra alone has registered 29,995 of them. In UP, 4,579 such agents have been registered while Delhi has registered barely 389 agents.

The data also shows that so far 70,001 complaints have been resolved by the regulators with two benches of UP RERA leading the list having disposed of 27,825 complaints. Haryana, which has also set up two benches, has reported disposal of 14,591 complaints, followed by Maharashtra where 10,043 complaints have been resolved.

Abhay Upadhyay, who heads the Forum for People’s Collective Efforts (FPCE), a group that campaigned for the enactment of the RERA, said, “Merely tracking the number of projects registered under RERA is not of much significance especially after five years. We need to seek data like the number of projects completed within the scheduled date as per registration, number of projects granted an extension and completed within an extended period, number of projects delayed beyond one year from original scheduled completion and number of projects for which registration expired and extension also not sought by the promoter to assess the real success and effectiveness of RERA.”

He added similarly, the number of complaints disposed of by RERA authorities is of not much importance. To gauge the effectiveness of RERA, there is a need to know how many promoters have obeyed the orders of RERA, Upadhyay said.

“The RERA Authorities must disclose the number of refund orders passed by them and an actual number of refunds received by the complainants. On the same lines, they also must disclose how many promoters have obeyed their orders about handover, completion of facilities and amenities and lastly how many have paid penalty if any levied. Till such details are made available by the authorities, the actual impact of RERA cannot be gauged,” he said.

Source: https://timesofindia.indiatimes.com/india/over-67k-projects-registered-under-rera-homebuyers-say-just-tracking-registration-not-enough/articleshow/84532767.cms