May 1,
2017 (RERA) (Regulation & Development) Act, 2016 (RERA) will be
implemented from this day.
It is believed that implementation of RERA is likely to
bring in transparency in the sector.
RERA will protect the interest of the
homebuyer and ensure timely delivery of projects.
Under the Act, builders have to deposit 70 per cent of
the collected amount in an escrow account to ensure that money is not diverted
from one project to another.
There will be fines and penalties if the developer
does not adhere to delivery guidelines.
Moreover, regulatory bodies and appellate tribunals have
to be set up in each state to solve builder-buyer disputes within 120 days.
Besides, promoters will not be able to change a project's design without
buyers' consent, and carpet area will carry a uniform definition - a common
reason for builder-buyer disputes.
The Highlights of RERA are:
1)Escrow account: The
developer will have to transfer 70 per cent money received from home buyers to
an escrow account. This money will be withdrawn as per the stages of
construction, approved by engineers and chartered accountants of builders. This
will prevent developers from using the money raised for one project for any
other project.
2)Pay for what you get: The buyer will pay
only for the carpet area (area within walls). The builder can't charge for the
super built-up area, as is the practice at present, where you get 900-1,000 sq.
ft. carpet area if you book a 1,300 sq. ft. house (the rest is balconies and common
spaces).
The new law is expected to stop this practice.
3)Clearances before selling: Developers will be
able to sell projects only after the necessary clearances.
Under RERA, builders
and agents will have to register themselves with the regulator and get all
projects with more than eight apartments registered before launch. This will
take care of common malpractices such as selling property before getting the
necessary clearances. The builder will also have to disclose every detail about
the project - number of apartments, carpet area, etc.
4) Five-year warranty: The
builder will have to provide for any structural defect in the building for five
years.
5) The prices and the implementation
of RERA?
Property prices are not connected to RERA. It is determined by demand and
supply in the market. The prices will
see a correction after the implementation of RERA. However, margins are
expected to increase because of lower cost of construction and developers will
be in a position to pass the benefits to customers."
6) Role of states: Although RERA is a central law, its implementation will depend on state governments, as real estate is a state subject.
Though RERA promises to bring transparency in the real
estate sector, dilution of the Act at the state level is a cause for concern. A
few state governments have done away with application of the Act on
under-construction properties, while the Central Act clearly states it has to
apply to both under-construction and new projects.