Homebuyers hail Hrera decision, builders say it will remove doubts
GURUGRAM: The Tuesday’s order by the Haryana Real Estate Regulatory Authority (Hrera), Gurugram, that all projects will have to register with the regulator has evoked mixed reactions. While the homebuyers welcomed the ruling, saying it will make the builders accountable, the developers said it will help remove confusion regarding which projects have to be registered and which ones are exempted.
In a landmark ruling, the Hrera said all real estate projects will have to mandatorily register with it. The authority asserted that all ongoing real estate projects and those which have been completed come under its purview as per the RERA Act. It said that the only exception would be those which got obtained completion certificate prior to the enactment of the Act.
The order means that over 800 residential and commercial projects in Gurugram, which had sought exemption on technical reasons will now come under the ambit of the authority. Currently, 250 real estate projects are registered with HRERA, Gurugram.
Developers said that there was confusion over projects, which had part completion or part occupation certificate, were exempted from the ambit of Hrera or not. The industry, however, wanted the authority to implement the Act in “a balanced manner so that it did no hurt any stakeholder”.
Dr KK Khandelwal, chairman, Hrera, Gurugram, said that all ongoing projects, notwithstanding the fact that they have part occupation, and part completion certificate, will have to get registered with the authority.
“Even the projects which have completion certificate are accountable to Hrera as per the law,” said Khandelwal.
Naredco, a lobby group of realtors, saw the Hrera order as something which would clear the confusion in industry regarding the reach and applicability of the authority. “There was an impression in the industry that projects which have got part occupation or completion are exempt from RERA. However, if the authority means parts of the project, which are exempt as per the rules set by government, then it is wrong,” said Pravin Jain, vice-chairman, Naredco, Haryana.
Another Gurugram-based builder said that in many cases the developers have completed the project and submitted applications but there is a delay on part of the government in processing and issuing documents. “Why should a developer suffer if the delay has been caused by authorities?,” he asked.
The buyers hailed the move and demanded that the order be implemented in letter and spirit. “There are over 200 delayed projects on Dwarka expressway and in other parts of Gurugram but most of the developers have claimed exemption as the RERA rules were diluted,” alleged Prakhar Sahay, a homebuyer.
To ensure that Hrera ruling is implemented in letter and spirit, real estate consultants want the government to give it legislative backing. “This direction by authority could be challenged in the court as Hrera rules provides for the exemptions, which have now been struck down by authority. The problem is Hrera also comes out of the same rules,” said Sanjay Sharma, a real estate consultant.