Buying a house is every person’s dream. However, most are unable to afford a home because the land prices are still very high as compared to the income levels.
To add to the misery, every developer/builder earlier had his own norms and there have been no standard norms. Every builder pursues different practices and prearranged the builder-buyer agreement in such a manner which is in favor of the builder.
The commoner who invested his lifelong savings in buying land had very limited rights. To guard and guard the interests of the house buyers and to make sure that they are not exploited by the inventors/ builders – the govt. introduced the RERA Act to guard the interests of the property buyers.
What is RERA?
RERA stands for land Regulations Act and was introduced in 2016 to guard the interests of the house buyers. The most end of RERA is to supply relief to the buyers from the malpractices of illegal builders.
RERA specifies certain norms for structure and development of land which may ameliorate the translucency in deals within the land sector.
It has provided a number of rights to the house buyers and has also specified certain rules and regulations to be followed by all builders / developers.
Moreover, the RERA Act also specifies the creation of a true Estate Authority and Appellate Tribunal for every state. Just in case of any wrongdoing by the builder/developer – the house buyer also can file a complaint to the present authority.
10 Major Benefits of RERA Act
1. Standardized carpet area:
Before the carpet area on which the builder calculates the worth of the property was not defined. Every builder/ inventor had his own system of computation of the Carpet Area.
For an equivalent flat, the builder would calculate the carpet area as 1500 square foot and therefore the other would calculate the carpet area of 1400 square foot.
This won’t to be as there was no standard formula for the calculation of the Carpet Area. Still, this has now been easily defined by the RERA Act and therefore an original formula would be applied by all builders/ inventors for computation of the carpet area.
The description of carpet area as given by the law is-
“ Carpet area” means internet usable bottom area of an apartment, banning the world covered by the external walls, areas under services shafts, exclusive deck or gallery area and exclusive open sundeck area, but includes the world covered by the interior partition walls of the apartment.
As the description of Carpet Area has been specifically defined, this is suitable to introduce standardization within the computation of Carpet Area.
This features a direct impact on the important Estate prices as utmost inventors charge on the idea of carpet area. Builders compute the worth of a property as follows:
Cost of Property = Carpet Area x Rate per square foot
Earlier the builders use to inflate the Carpet Area as a result of which the value of the property would also increase. However, now the tactic for calculation of Carpet Area has been clearly defined by RERA and thus the developers wouldn't be ready to manipulate the calculation of carpet area so as to extend the costs.
2. Rate of interest on default:
In case of default in payment by the customer or default in completion of the project by the builder, the speed of interest to be paid shall be an equivalent for both parties.
Before what habit to be was that just in case"> just in case the builder detainments the possession of property – the interest paid by builder to the house buyer was less whereas in case the customer defaulted – the interest to be paid by the customer to builder was higher.
There was no equality within the interest to be paid by both the parties. The RERA Act has now easily specified that the rate of interest shall be an original for both the parties.
3. Reduces the danger of Builder Insolvency/ Bankruptcy
A developer generally has quite a few projects which are being constructed at the same time. Earlier Builders were liberal to divert the funds raised from Project A to fund the development of Project B.
Still, this is suitable to not be possible as after the preface of RERA, the builder is susceptible to deposit 70 of the volume realized certain the design during a separate checking account. He can withdraw from similar account only on the idea of completion of design, which shall be certified by a mastermind, mastermind and an accountant in practice.
As the funds cannot be diverted to other projects and used for other purposes – this may make sure that the funds are used for the aim just for which they're raised and not for other purposes.
Earlier, there are certain cases wherein the builder raised the funds from home buyers for constructing their homes but used the funds for other purposes. They later became bankrupt and weren't ready to complete the development of the property.
As the funds can only be used for the aim that they need been raised – this may make sure that the funds aren't diverted elsewhere which the cash is employed for the aim that it's raised thereby ensuring timely completion of the property.
4. Right of the customer just in case of False promises:
In case there is a mismatch within the commitments made by the builder and thus the particular project, the customer has the selection to withdraw from the project, wherein he's entitled to full refund of the quantity paid as advance or otherwise alongside interest and claim compensation.
5. Advance Payment:
The builder can take less than 10% of the value of the apartment, villa etc. as advance or application fees because the case could also be, before getting into an agreement of sale.
6. Right of the customer just in case of Defect after possession:
In case of any structural defect or any defect in workmanship, quality, provision or service is discovered within 5 years after the possession of the apartment, such defect are getting to be rectified by the builder at no extra cost within 30 days.
If the builder fails to try to so, the customer shall be entitled to say compensation for an equivalent.
7. Rights of the customer Delay in possession:
If the builder fails to finish the project on the maturity of completion then the customer has the option-
To withdraw from the project, wherein he shall be entitled to full refund alongside interest payable from the maturity of completion till the quantity is refunded.
To continue with the project till the completion, wherein he are going to be entitled to compensation alongside interest payable from the maturity of completion of project till the project is really completed.
For instance, say the project was due for completion on 31-3-2017 but it couldn’t be completed thereon day. So on 1-4-2017 you've got the choice to withdraw from the project. If you opt to withdraw from the project then for the amount from 1-4-2017 to till the payment is formed, you'll be entitled to interest.
In case you select to not withdraw from the project then say the particular completion of the project takes place on 31-3-2019 then from 31-3-2017 to 31-3-2019 you'll be entitled to interest monthly.
8. Rights of the customer just in case of defect in Title:
If at any time after the possession of property you discover that there's a defect within the title of property then you'll claim compensation from the builder. It’s not barred by limitation, which suggests there's no deadline within which you've got to get the defect.
9. Right to information:
The buyer shall be entitled to all or any the knowledge associated with the project, be it the plan layout, execution plan, stage wise completion status etc.
10. Establishment of Authority for Grievance Redressed:
Any grievance against the builder is often taken to the state authority found out under RERA, which shall have the facility to redress all the grievances. just in case you're dissatisfied with the order you'll file an appeal with the Appellate Tribunal who will redress your case within 60 days, and just in case of failure to try to so, it shall record the explanations of such failure.
If the builder wants to appeal to the Appellate Tribunal against the order of the Authority, then he shall need to deposit a minimum of 30% of the penalty, or such higher percentage as could also be determined by the Appellate Tribunal, or the entire amount to be paid to the allotted including interest and compensation imposed on him, if any, or with both, because the case could also be, before the said appeal is heard.
Applicability of RERA
RERA is applicable to all or any Builders and Developers except the following:-
1. Where the world of land proposed to be developed doesn't exceed 500 sq meters or the no. of apartments proposed to be developed doesn't exceed 8
2. Where the Promoter has received completion certificate before the introduction of RERA
3. for the aim of Renovation or Repair or Re-development which doesn't involve marketing, advertising, selling or new allotment of any apartment, plot or building.
Other Relevant Points
1. RERA is merely applicable on development of property and not on renting of property.
2. RERA covers all residential and commercial projects, including shops, offices and buildings.
3. Soon make sure that every family features a house of their own, the govt. has also introduced the Pradhan Mantri Awaas Yojana wherein subsidy on Loan is being given for the acquisition of homes.
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