RERA in force, but no rules and set-up to ensure its compliance
LUCKNOW: Almost two months after Real Estate Regulation Act (RERA) came into force, the Uttar Pradesh government is yet to frame rules to implement the law and enable harried home buyers to take erring builders to task.
Principal secretary, housing was asked to discharge the duties of RERA chairman till the selection of an incumbent to the post.
But in the absence of rules, proper office set-up and delivery mechanism, it’s a titular responsibility which he carries on his shoulder.
“We are a group of 300 buyers who have been cheated by Ansal group. They are the developer of Sushanta Golf City in Lucknow. How do we approach RERA? Please let us know,” wrote Manu Mathur of SN Bose National Centre for Basic Sciences, Kolkata to HT after reading that the Act had come into force.
“I had bought a flat in Supertech Czar, Greater Noida in 2014, which was to be delivered by December 2015 and builder is still to get completion and occupation certificates for the tower (Nicholas 4) as there is some case going on against the builder. Would this project come under RERA? Please let me know how I can move against him,” says Anish Sharma from New Delhi.
Bombarded by such queries on a daily basis when Hindustan Times approached the authorities this what they had to say: “The Act is very much in force. But a home-buyer will not be able to move an application under it as rules and RERA website is not ready as yet,” said senior officer in the housing department.
Yogi government had junked rules framed under the Akhilesh Yadav government as they were allegedly tailor-made to favour the builders and asked officials to prepare a fresh draft to protect interests of both the home-buyers and the builders.
“We have submitted the revised rules, they have been cleared by the panel set up by the government and now only need the State cabinet’s nod,” said another officer on the drafting panel.
Under the RERA Act, the state governments were given three-month’s time to put the necessary office set up, infrastructure and delivery mechanism in place to implement the law. The deadline ends on July 31 and the way things are UP is unlikely to make it.
If home buyers are a hassled lot, builders too have been in a wait-and-watch mode for the past two months and have not announced new projects. Reason: Under RERA they are required to register their project, deposit necessary fee and charges before launch. Forget new launch, they cannot even advertise.
“I was thinking of giving some ads in the newspapers on the occasion of Eid. But then I consulted a housing department official and he told me I will have to get my project registered first. I asked him where and how? He had no answers,” said a prominent real estate developer from the city requesting anonymity.
A housing department official said a separate bank account was yet to be opened for RERA to enable builders and developers to deposit charges and fee along with their registration papers.
“I had sent a letter to the finance department four-weeks ago for permission to open this account but the latter was yet to respond to the request,” he said.