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In the city's hot real estate market, a large discount provided in an underconstruction property is particularly appealing to a house buyer. Is it better to wait for a project to be completed and obtain an occupation certificate before purchasing a somewhat higher-priced flat? Particularly given the city's countless terrible stories of families who paid tens of lakhs or even crores to reserve flats but have been unable to take possession for years. A businessman who paid Rs 30 crore for a premium apartment in a central Mumbai skyscraper in 2016 is still waiting after the project was marred by FSI violations and litigation. A prominent builder, whose company has since divided into multiple groups, collected money from clients while guaranteeing them completed Kandivli flats within three years. After fourteen years, the project is still on hold, with only the skeleton of 13 of the 37 levels approved. People who paid exorbitant prices for the flats filed a lawsuit and a receiver was appointed. With the existing area decaying with time, "they are now gathering cash to get their flats erected from scratch. "For the time being, the court has allowed them to develop up to 27 floors," said housing campaigner Chandrashekhar Prabhu. According to Maharashtra Real Estate Regulatory Authority (MahaRERA) data, 988 projects in Mumbai have lapsed through January 2023. ...
The Enforcement Directorate (ED) is investigating for two architects who developed and certified plan layouts for majority of the unlawfully constructed buildings in Kalyan-Dombivli. However, both architects provided incorrect information about their firms and are untraceable. The ED is conducting an independent investigation into the MahaRERA scandal, suspecting that the developers used black money to illegally construct these structures, causing revenue-related departments such as KDMC and the MahaRERA office to lose money. According to the sources, the ED identified the two architects of two firms, Golden Dimension and Vastu Rachana, who both generated most of the building designs and layout for the fraudster developers. ...
According to reliable sources, the Odisha Apartment (Ownership & Management) Bill, 2023 was approved by the state cabinet chaired by chief minister Naveen Patnaik on Thursday. The cabinet approved the apartment bill in order to bring the legislation controlling housing projects in line with the Real Estate (Regulation and Development) Act of 2016. The bill requires the formation of associations of allottees of housing projects prior to the first selling deed of any unit in an apartment. The shared parts of the apartment, full property, staircases, and existing facilities were registered proportionally in the name of house buyers. The law will most likely be introduced by the government during the current legislative session. Hearing a PIL on the subject, the Orissa high court expressed hope on Monday that the state government would be ready with the RERA-compliant bill during the current session, which is due to end on April 6. Bimalendu Pradhan, a Bhubaneswar-based apartment owner, has challenged the legitimacy of the Odisha Apartment Ownership (Amendment) Regulations, 2021, claiming that they violate the Real Estate (Regulation and Development) Act, 2016. Mohit Agarwal, an advocate, argued on behalf of the petitioner. On May 12, last year, the high court put an immediate halt to the registration of unit sale documents when the builders fail to indicate transfer of common spaces in favour of the Association of Apartment Owners. The HC made it apparent that actual registration of sale deeds in which share of common spaces has been ceded to individual owners cannot be legally sustained because it is contrary with RERA Act requirements. ...
With over 6,000 complaints lingering with the Maharashtra Real Estate Regulatory Authority (MahaRERA), citizens' groups have urged that cases be resolved quickly and that more adjudicating members be appointed to hear the pending cases as soon as possible. Last week, citizen groups wrote to chief minister Eknath Shinde and deputy chief minister Devendra Fadnavis. In his representation, Ramesh Prabhu, chairman of the Maharashtra Societies Welfare Association (MahaSeWA), stated that the chairman and another member handle 2,000 complaints every year on average. Citizen activists have pointed out that the position has been empty since MahaRERA member BD Kapadnis departed in 2020. They have also requested that cases in Pune and Nagpur be heard again. With Fadnavis as housing minister, campaigners are hopeful that more members will be appointed to expedite the resolution of cases. The representation was also forwarded to MahaRERA chairman Ajoy Mehta. ...
According to a Maharashtra Real Estate Regulatory Authority (MahaRERA) inquiry, 1,781 projects breached the laws by tying their bank accounts to more than one project. The Real Estate (Regulation and Development) Act of 2016 requires all projects to have a single bank account with a single registration number. This is intended to ensure that all registered housing projects are completed without any monies being diverted. In response to these irregularities, the regulator has issued showcause notices to 45 such projects and is in the midst of mailing notices to the other projects. The regulator has made improvements to its systems to avoid the occurrence of such abnormalities in the futureAny effort to link the designated account of one project with the bank account of another project will be rejected by the updated system. Aside from that, the developer will be unable to update the mutual account under the new system. MahaRERA has issued a new rule requiring previous clearances for this alteration. ...
More than 1,000 of the 19,539 developers who received show cause notifications from MahaRERA in the last three months for failing to update project-related facts have responded. While some developers have informed the regulatory body that their projects have already been completed, others have stated that they will renew their projects within a month. According to a MahaRERA official, the figure will climb because many developers have still to react. Section 11 of the RERA Act requires registered project developers to update their details every three months. Developers must give project status, financial situation, booking statistics, annual reports, and other information. Although projects were registered, MahaRERA discovered that the developers were not giving information on the project's status. Breach of section 11 of the act can result in a fine of up to 30% of the total project cost imposed on the developer. The goal of releasing project status details every three months, according to MahaRERA officials, is to keep potential homebuyers updated. This also contributes to the development of trust between purchasers and developers. ...
The Delhi Real Estate Regulation Authority (RERA) has decided to tighten down on builders who dodge registration by conducting surprise inspections. Some builders in Delhi were avoiding project registration with the Authority, despite the fact that it is obligatory for developed sites larger than 500 square metres, regardless of the number of apartments built on it. For unregistered projects, RERA will levy a penalty of up to 5% of the project cost. From 2017 to 2021, Delhi RERA resolved approximately 160 complaints. It resolved 150 complaints last year. ...
For the past month and a half, the Gujarat Real Estate Regulatory Authority (GujRERA) has been without two of the required three members. As a result, no new RERA registration numbers have been issued. According to sources within the body, there are over 150 new project files awaiting clearance, in addition to over 250 complaints pending with the authority. Real estate developers are requesting that the state government select the RERA chairman and two members, even on an in-charge basis, so that the body may continue to function normally. ...
The Uttar Pradesh Real Estate Regulatory Authority (UP-Rera) has imposed a collective fine of Rs 1.39 crore on 13 developers who have either delayed giving possession to homebuyers or violated its refund/other orders, using its powers under Section 38/63 of the Rera Act, which allows it to fine non-compliant promoters up to 5% of the project cost. “We found 13 developers across the state have violated executing or complying with the UP-Rera orders, ranging from failing to submit refunds to giving a cumulative fine of Rs 1.39 crore on the developers,” said an official from UP Rera. (ET Reality) ...
Punjab Real Estate Regulatory Authority has asked the property listing platforms such as magibricks.com, 99 acres to get themselves registered in RERA as a real estate agent.In their response to the authority , a property listing platforms argued that the role being played by the online housing portals is that of “ intermediary” and they do not participate or carry out any property transactions. ...
RERA Delhi has registered 18 DDA projects. In December 2021, the RERA has issued notices to DDA to get projects enrolled under RERA but DDA filed an appeal against the order ."There were 14 projects from 2019 for which we had asked for documents. This will transparency in the real estate market and other agencies such as Delhi State Industrial and Infrastructure Development Corporation Ltd will be encouraged to get registered with the authority" said DDA chairman Anand Kumar. ...
The Maharashtra Real Estate Regulatory Authority (MahaRERA) is attempting to resurrect stalled and lapsed housing initiatives worth more than Rs 78,000 crore, accounting for roughly one-fifth of such projects in the country. The regulator has formed a special team to investigate the problems with the stalled projects and devise solutions to help them get back on track. This is the first time in the country that a state-specific real estate regulator has organised a special team to resurrect dormant projects. Sanjay Deshmukh, a veteran IAS officer, will lead the new term. Out of the 36,000 projects registered in Maharashtra over the last five years, 4,500, or around 12%, have lapsed, and the state regulatory body's new vertical will assist in resolving the concerns surrounding these projects. Unplanned credit backlogs, issues with the approval procedure, and significant price rises in raw materials have all contributed to the postponement of these projects. "Transparency will be critical in hastening the regulatory process." "We would want sophisticated IT enablement to establish a better Address Resolution Protocol (ARP) that will assist in offering end-to-end solutions," stated Ajoy Mehta, Chairman of MahaRERA. "However, that will require regulatory oversight to monitor the complexities of the projects, and it will become necessary for buyers to play a key role in providing clarity to RERA as well." "With the assistance of MahaRERA and all other stakeholders, there must be a consensus to jointly agree to take a hit in the interest of doing business and, if necessary, to work through joint ventures and other measures to achieve a common goal," stated Boman Irani, President of CREDAI-MCHI. Certain initiatives will be implemented in the next six months to help lay the groundwork for the industry, and particularly MahaRERA, to expedite the resurrection of these delayed projects. ...
The Uttar Pradesh Real Estate Regulatory Authority announced on Wednesday that it has immediately cancelled the registration of three incomplete group housing projects in Ghaziabad and frozen their bank accounts to prevent transactions. Antriksh Sanskriti Phase-2, Antriksh Sanskriti Phase-3, and Raksha Vigyaan Sanskriti Phase-2 registrations have been cancelled, and proceedings have been initiated under RERA Section 8, according to the real estate regulatory authority. Section 8 of the UP RERA Act authorises the real estate regulatory authority to delegate completion tasks of stalled housing projects to their buyers' associations. "Multiple complaints were lodged with the Authority under Section 31 of the RERA Act by allottees of two projects of M/s Antriksh Realtek Pvt. Ltd and a project of Raksha Vigyan Karmacharis Sahkaari Samiti Ltd., alleging violation of the agreement/contract with the promoter and delay in construction," the UP RERA said. According to the promoter, construction and development work on Antriksh Sanskriti Phase 2, Phase 3, and Raksha Vigyaan Sanskriti Phase-2 began in 2015, with completion dates of July 2022, July 2022, and June 2023, respectively. "According to the on-site verification report of projects received by UP RERA, construction and development work has been completed up to 40% in Antriksha Sanskriti Phase-2 and up to 30% in Antriksha Sanskriti Phase-3." Surprisingly, construction and development work in Raksha Vigyaan Sanskriti Phase-2 could not begin," the UP RERA stated. "The inspection report also states that all types of construction work on the project site have been closed for many years, making the chances of project completion absolutely uncertain," it said. According to the statement, the order has also barred the project promoters from accessing the UP RERA website in relation to these projects, and they are now listed in the list of "defaulters" with a photo and name. The Authority has decided to freeze project bank accounts in order to prevent any project-related transactions. ...
In the matter of application registration process relating to applications submitted for registration of real estate projects as well as for real estate agents it is been hereby informed to Promoters and Real Estate Agents that MahaRERA is upgrading its IT System. MahaRERA scheduled the new application registration process to go-live on 30th of June 2022 at 12:00a.m. Submissions of applications for MahaRERA IT System registration of real estate projects as well as real estate agents shall be unavailable from 12:00a.m. of 20th June 2022 till 12:00 a.m. of 30th June 2022. During this time application registration is being modified to ensure effective scrutiny of the applications. This shall not affect applications submitted by promoters seeking extension and corrections, as the case may be, in respect of their real estate project as well as applications submitted by real estate agents for renewal of their registration. ...
The Maharashtra Real Estate Appellate Authority (MahaREAT) directed a developer to pay a couple interest for delayed possession from January 1, 2018, until it is actually handed over, observing that a flat buyer cannot be forced to wait indefinitely for possession of the property. The June 17 order was issued in response to Jervis and Rose Creado's appeal of the Maharashtra Real Estate Regulatory Authority's (MahaRERA) December 24, 2019, order, which directed the developer, Aishwarya Light Construction Company, to execute a registered agreement for sale but refused the couple interest or compensation under Section 18 of the Real Estate Regulation Act for delayed possession because there was no registered agreement showing any date of possession. The couple paid Rs 80 lakh for a 466-square-foot flat with an open parking space in Aishwarya Heights in Majas, Andheri. The developer issued an allotment letter in February 2017 and executed an unregistered agreement for sale to hand over possession by December 2017. The Creados filed a complaint with MahaRERA after neither the agreement nor possession had been registered. The developer was not present prior to MahaREAT. Creados' lawyer, Godfrey Pimenta, argued that there is no word "registered" in Section 18 and that interest for delayed possession cannot be denied to allottees simply because there is no registered agreement for sale. Members S S Sandhu and Shriram Jagtap stated that the record clearly shows that one of the four partners executed an unregistered agreement with the Creados, revealing December 2017 as the possession date and binding on the developer. "Aside from that, we believe that a person cannot be forced to wait indefinitely for possession of the flat allotted to him and is entitled to seek relief in the form of a refund of the amount paid by him or interest on the said amount due to delayed possession," they added. Despite the developer's failure to complete the project on time, the members noted that MahaRERA refused to grant interest on investment. "As a result, we believe that the allottees are entitled to interest on their investments beginning in January 2018," they concluded, directing interest at SBI's highest marginal cost lending rate plus 2% on the amount paid and Rs 10,000 towards litigation costs. ...
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