The West Bengal Real Estate Regulatory Authority (WBRERA) website has been selected for nomination by the committee headed by the state chief secretary for the national awards for E-Governance 2024. This is being considered a significant achievement given that the website began functioning from January 31, 2023 and is yet to complete a year.

“The WBRERA website (www.rera.wb.gov.in) has set an example in registration of real estate projects, receipt of complaints and its disposal, and ensuring good revenue through penalty for violation of orders passed by WBRERA authority,” said a senior official of the Housing department.

About 1348 real estate projects were registered on the website. Total number of registered real estate agents is 348. About 546 complaints were received, 190 of them disposed, 354 are under process and two were rejected. The e-governance cell of the department of Personnel and Administrative Reforms (PAR) has written to the Housing department for necessary measures for online submission of the nomination through the NCeG (National Conference on e governance) portal. “Our efforts in creating awareness among people through advertisements in different mediums deserve special mention,” the official added. Promoters need to compulsorily register their real estate projects with the WBRERA authority through its website (www.rera.wb.gov.in) if the area of land to be developed is more than 200 sqm or if the number of flats/units, are more than six with payment of requisite registration fees. No developer shall advertise, market, book or sell any real estate project without prior registration of the same with the WBRERA authority. Apart from complaints of fleecing buyers or failing to deliver houses on time, there are instances of developers refusing to hand over completion certificates (CC) even after the party has checked into their flat. If the aggrieved person lodges a complaint with the WBRERA website, there are provisions for imposing huge penalties, stop construction work for the project. Last year, the e- governance award of the centre was bagged by the Panchayats and Rural Development department for online tax collection and trade license issuance and renewal.

Source: https://www.millenniumpost.in/bengal/state-nominates-wbrera-website-for-e-governance-2024-award-549667

Smaller residential developments may be brought under the purview of the West Bengal Real Estate Regulatory Authority, or a separate law may be enacted to govern them.

The Chief Minister, Mamata Banerjee, has asked the housing department to consider the proposal so that homebuyers who are not currently covered by west bengal rera can also get some protection.

Susil Mohta, president of the Confederation of Real Estate Developers’ Association of India (West Bengal), raised the issue of small-time local promoters bringing disrepute to the trade by defrauding homebuyers who had no protection, unlike larger developments covered by West Bengal RERA, during the interactive sessions.

“RERA is applicable to any project on 7 cottah or a minimum of eight units. Projects that are smaller than this, and there are many such developments in every neighbourhood, there is no regulation to stop the builders from not meeting their commitments. Hence, there are instances of developers handing over buildings without a completion certificate (CC), or selling the same unit to more than one buyer. We wanted the government to step in and hand given a draft proposal to the housing department on March 2 and raised the issue at the meeting with the CM,” Mr. Mohta said.

In a timely manner, CM Miss Banerjee addressed the issue and said she had also heard multiple reports of people being harassed by part-time promoters. Aroop Biswas, the housing minister, has been asked to take steps to protect homeowners’ rights and prevent promoter fraud.

CREDAI has proposed broadening the application of the law to include construction projects on lots greater than three cottah. Hence, projects with four to seven flats would be subject to the guidelines.

“The state government cannot relax the RERA guidelines but it can make it more stringent. While most of the large developers, including those affiliated with CREDAI, are compliant with regulations, the smaller developers who are not accountable tend to flout rules and bring a bad name to the industry,” Mr. Mohta added.

Source: https://www.constructionworld.in/latest-construction-news/real-estate-news/smaller-properties-to-come-under-west-bengal-rera-guidelines–/39743

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. 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

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

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

• 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).

• 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