Proposed law seen to tilt heavily in favour of consumers
The Cabinet nod for the Real Estate (Regulation and Development) Bill 2013 is expected to bring in transparency in the real estate sector, promote fair trade practices and safeguard the interest of end users and investors. This Bill seeks to create a regulator for the real estate sector to protect interests of buyers by providing a uniform regulatory environment. The Bill, which shall oversee only the residential real estate sector, will be presented during the monsoon session of the Parliament, in August 2013. Ajay Maken, minister for housing and poverty alleviation, expects the Bill to reduce prevailing rampant corruption in the real estate and housing sector. “Not only will it protect the rights of home buyers, it will also bring in greater transparency. Developers will be restricted from channelizing funds collected from customer for one project to another one, which will provide better security to the home buyers’ investments.”
The proposed legislation has many provisions to benefit home buyers. For instance, the legislation makes it mandatory for developers to launch projects only after getting all the necessary approvals. This is expected to restrict realty companies from pre-launching their projects without clearances. Launching pre-launch offers through advertisements and special invitations is a common practice followed by developers. However, this is completely illegal as developers are selling apartments even before the grant of the licence to develop the property. The legislation will make it necessary for builders to get all important clearances before they sell apartments. The Bill also says developers will have to submit a detailed project report that will include the completion date, land title, and the names of architects and agents to get approval. "By imposing strict regulations on the promoter, the Bill looks to ensure that construction is completed on time, and on completion the buyer gets a property that matches the promised specifications," says Anuj Puri, Chairman, Jones Lang LaSalle India.
However, the developer and broker community, has expressed mixed feelings towards the regulation. The bill has made project construction time bound but it hasn’t ensured the same for government clearances. Delay in project clearances is bound to escalate costs and impact project viability. “To make the regulation effective, the Bill should regulate the entire real estate industry covering all the stake holders like the competent authority, local authorities, financial institutions, electricity board, water board, fire department, etc.,” says C Shekar Reddy, national president, Confederation of Real Estate Developers’ Associations of India.
While consumers need protection, for real estate development to happen more efficiently, administrative reforms are required urgently. Hence the Bill should also take a dispassionate view of the challenges faced by developers.
The Cabinet nod for the Real Estate (Regulation and Development) Bill 2013 is expected to bring in transparency in the real estate sector, promote fair trade practices and safeguard the interest of end users and investors. This Bill seeks to create a regulator for the real estate sector to protect interests of buyers by providing a uniform regulatory environment. The Bill, which shall oversee only the residential real estate sector, will be presented during the monsoon session of the Parliament, in August 2013. Ajay Maken, minister for housing and poverty alleviation, expects the Bill to reduce prevailing rampant corruption in the real estate and housing sector. “Not only will it protect the rights of home buyers, it will also bring in greater transparency. Developers will be restricted from channelizing funds collected from customer for one project to another one, which will provide better security to the home buyers’ investments.”
The proposed legislation has many provisions to benefit home buyers. For instance, the legislation makes it mandatory for developers to launch projects only after getting all the necessary approvals. This is expected to restrict realty companies from pre-launching their projects without clearances. Launching pre-launch offers through advertisements and special invitations is a common practice followed by developers. However, this is completely illegal as developers are selling apartments even before the grant of the licence to develop the property. The legislation will make it necessary for builders to get all important clearances before they sell apartments. The Bill also says developers will have to submit a detailed project report that will include the completion date, land title, and the names of architects and agents to get approval. "By imposing strict regulations on the promoter, the Bill looks to ensure that construction is completed on time, and on completion the buyer gets a property that matches the promised specifications," says Anuj Puri, Chairman, Jones Lang LaSalle India.
However, the developer and broker community, has expressed mixed feelings towards the regulation. The bill has made project construction time bound but it hasn’t ensured the same for government clearances. Delay in project clearances is bound to escalate costs and impact project viability. “To make the regulation effective, the Bill should regulate the entire real estate industry covering all the stake holders like the competent authority, local authorities, financial institutions, electricity board, water board, fire department, etc.,” says C Shekar Reddy, national president, Confederation of Real Estate Developers’ Associations of India.
While consumers need protection, for real estate development to happen more efficiently, administrative reforms are required urgently. Hence the Bill should also take a dispassionate view of the challenges faced by developers.
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