SC bars construction work in SWM-failed states across the country

States that have missed the boat to formulate their respective solid waste management policies are going to have a harder payback this time.  On this Friday, a bench of Justice M B Lokur and Justice S Abdul Nazeer issued a strong writer order against these states and UTS.

What is there in this order?

The order sets the barricade around the upcoming and on-going construction works across these states and UTS which have failed to formulate their solid waste management (SWM) under the Solid Waste Management Rules 2016. These states are not allowed to commence their construction works until they codify their SWM policies.

How does it act on the states’ revenue?

It seems that states have been either delaying or chose to remain unresponsive after the release of the order back in the year 2016.
Now if states continue with the same limp demeanour, it will definitely bruise the revenue of the state from the real estate sector.
At present, it also takes a toll on the modus operandi of the very section as well.
What are the consequences that the real estate sector has to accost?
Sometimes well-meaning plans can bring undesired opposite results. We have seen this in the recent past when the country had to go through a severe cash crunch post demonetization when the mean objective was to eradicate the black money circulation in the credit flow. Common people had to suffer a lot and real estate was one worst-hit sector in those days.
SC has prohibited construction works in states and UT’s including Maharashtra, Madhya Pradesh, Uttarakhand, Chandigarh and Goa for their “pathetic” attitude in not framing proper policy on solid waste management without speculating the aftereffects.
“People have already spared enough strolling along with the free will of developers and realtors. After RERA came into the frame, they finally gained the relief of faith that their hard-earned money won’t get lost in the whirl as they permanently received a legal platform where they can lodge the complaint against the counterfeit activities of the real estate state holders. RERA also brought up the assurance that the project deliverance would be on-time along with the quality check. The recent order of the Apex Court is challenging the regulations of RERA in a straight line,” said Mr Mahesh Somani, Chairman – National RERA Committee, National Association of Realtors, India (east zone) and Vice President of RECA Kolkata.
“If the construction work gets halted somehow, how would the homebuyers get their project delivered within due time maintained under RERA rules where this time they can’t even blame the developers for the delay? The recent speculation would further add to their troubles, where states have chosen to stand by the order of the Supreme Court on its banning on construction activities in the states unless any solid waste management policy has been settled. This move of the states would certainly take a dig on the shield of buyer protection ACT RERA and buyers will be highly in doubt about the actual functionality of the ACT,”- added Mr Somani.
Of course, sanitization is crucial; states should definitely come up with a proper policy of the same. Meanwhile, banning of construction works happens to be a dry run for the effectiveness of the RERA regime. Let’s see how the states RERA Authorities deal with the situation.

Online registration process has commenced for WBHIRA

Are you willing to buy flats in Kolkata? Or you are a suburb-lover when it comes to buying your own home?

Buying home’ symbolizes a sense of pride and security for every homebuyer. But while buying flats in Kolkata or in any other districts, in West Bengal especially these days, you need to be an extra alert.

A series of legal amendments have happened in the real estate sector of West Bengal in recent times and being a home-buyer or an investor you need to have a close track of the market updates when buying properties are on the cards.

We tell you, investing in a real estate project without having knowledge about the real estate act and the co-laterals, happening in and around the state can dent your savings. Shocked?

Skipping this article can make you lose a few lakhs. Can you afford?

Have a quick look at the updates first –

Amidst the central state squabble around state’s tweaking attitude with the name and the key facets of the central act Real Estate (Regulation and Development) Act, 2016 finally the portal of WBHIRA has set to go.

West Bengal Housing Industry Regulation Authority (WBHIRA) has at last launched its official RERA registration portal: www.hira.wb.gov.in; which means developers and real estate agents can no longer take homebuyers on a ride in name of project legitimacy and its deliverance. 

Abiding by the rules every on-going realty project, whether it is in the capital or suburb has to be registered with the state RERA authority.

The state act has categorized the registration process into 3 broad segments which are as follows –

  1. For real estate projects – One can register real estate projects as per Section-3 of West Bengal Housing Industry 2017, read with West Bengal Housing Industry Regulation Rules 2018.

  2. For real estate agents – An agent has to register him/herself as per Section 9 of West Bengal Housing Industry 2017, read with West Bengal Housing Industry Regulation Rules 2018.

Registrations for both projects and agents have already started and under the purview of RERA projects and agents without their respective registration numbers would be subject to desertion.

Now, this is indeed great news from the homebuyers’ standpoint; but the registration is somehow pinching real estate stakeholders a bit hard.

The registration fees that the government has prescribed are like these

  • For an individual registration, it will cost a person Rs. 25,000.

  • Other than individual the registration fee is Rs. 2, 50, 000.

The charge for the registration is so far higher than that of the rest of the states and UTs where the Act is there in the picture.

Real estate is one sector that has been the worst blamed for the counterfeiting activities by its stakeholders at large. Even it’s really late, but the state has started the registration process which will mandate the registration of the realty stakeholders and safeguard the rights of the homebuyers in amalgam. Again, the charge for the registration is pretty high for them which they will end up passing on to the homebuyers at the end,”- said Mr. Mahesh Somani, Chairman: National RERA Committee, National Association of Realtors (NAR), India and Vice President: Realtors & Estate Consultants’ Association of Kolkata, (RECA Kolkata).

However, the successful implementation of WBHIRA is still in question as the act has curbed two of the key provisions of the central Act on which the union government has not given a nod. By far, the central government repealed Section 92 of the Maharashtra Housing Act 2012 and the same has been followed by the Kerala government.

Now all the eyes are upon the central advisory council, (constituted under Section 42 of central RERA) how it fixes the applicability of HIRA/RERA in accordance with the consensus of both the governments.

Homebuyers’ Body FPCE Beats the Bushes for President’s and PM’s Mediation for RERA Reiteration by WB Government.

Starting from its inception, till its deviation from the central real estate Act, the Housing & Industrial Regulation Act, 2017 (HIRA) of West Bengal state government, has been creating a big-time buzz in the Kolkata property market. People, willing to buy flats in Kolkata has been set from side to side by the institutional call and its potential impact on Kolkata real estate.

Now, it seems like the state Act didn’t go well with the pan-Indian homebuyers’ representative body FPCE. The Association is up against the redundancy and it seeks central government’s arbitration in this entire event. It’s worth mentioning that FPCE has been representing the homebuyers in all ongoing RERA related cases in Bombay High Court.

As per the latest reports, the forum for People’s Collective Efforts (FPCE), a non-profit company representing homebuyers, that had put all its effort to shift the gear for Real Estate (Regulation & Development) Act, 2016, (RERA) implementation, has asked for the intervention of PM and the President of India in sidestepping the central real estate Act and creating state-level legislation Housing & Industrial Regulation Act, 2017 (HIRA) by the West Bengal state government in particular.

Abhay Upadhyay, president of FPCE and also an active member of the Central Advisory Council, RERA said, “In September 2015, we initiated a movement ‘Fight for RERA’ for the passage of RERA by the parliament. Now we are fighting to save RERA from being made redundant. We hope the central government and lawmakers would understand that seriousness of the issue and take necessary steps to save RERA.”

It’s no secret that Indian real estate market had to undergo a series of reconstructive institutional decisions in the past couple of years and still the shadow of which is very much in the scene in all kinds of parts and parcels in realty transactions. Meanwhile, this is supposed to another cusp from both the structural and investors’ standpoint.

However, in its official letter, the homebuyers’ body clearly requested the President not to give a go to the Bengal government for a separate state-level realty regime. FPCE has made a clear point that no other states than West Bengal have brought forth a separate state-level legislation which will somehow belittle the importance and spirit of the central law.

The constant change in institutional decisions and the volume of opposition they are receiving from different authoritative organizations are up-against the investment sentiment in a big time now which is not a positive sign for the Kolkata real estate market. If the market is going to continue with its existing wait and watch mode; it might also weaken the sales volume in the coming days and also push back the active rollout of RERA in the district,”- said Mr. Mahesh Somani, the Chairman of National RERA Committee and head of eastern zone National Association of Realtors (NAR-India).

Currently, the central government is examining the likelihood and prospect of two individual (state and central) existence on the same subject for the regulation of the real estate sector. After being notified back in 2017, the central real estate Act mandated all the states to notify their respective Acts, before the presence of the state regulatory authority (RA) with the due time and this was the set rule for every other state apart from J&K.

In a previous Central Advisory Council meeting, a sub-committee was formed by the government with the objective of urge the Bengal government to adopt RERA, including the supervision of the implementation of RERA across other states; FPCE now wants this sub-committee to notify their report regarding this matter.

Reportedly, FPCE has suggested revoking the West Bengal HIRA from implementation and asked for one central RERA across the country. Members of the homebuyers’ body also had a meeting with Congress President Rahul Gandhi where they requested Gandhi to raise the concern and to initiate conversation with the Mamata Banerjee Government.

Meanwhile, the state Act has been accused of diluting a couple of the key clauses of the central Act- the definition of force majeure clause and the garage. Where the central Act says that the force majeure clause can be brought into play only in case of war, drought, floods, earthquake, fire or any other natural calamity affecting the regular development of real estate projects; HIRA comes with another version where it says that apart from the mentioned conditions under RERA, force majeure clause can be declared for any other circumstance prescribed.

On the garage part, RERA has defined garage as a place within a project that has a roof and walls on three sides for parking any vehicle, but it does not include unenclosed or uncovered parking area. HIRA, on the other hand, defines a garage as an open space sanctioned by the housing society or the competent authority.

States that have notified the Act and formed the authority have started passing orders. States like Kerala and Telangana have notified their state rules under RERA, but have not set up an authority.

Insolvency and Bankruptcy Code (Amendment) Ordinance, 2018: Home buyers will be acknowledged as tenable financial creditors.

June 6, 2018- a memorable day indeed from the home-buyers’ perspective. In its recent ordinance to amend the Insolvency and Bankruptcy Code (IBC), the Government of India has declared that henceforth home-buyers in ailing real estate companies would be recognized as financial creditors in the resolution process.

Corporate affairs secretary Injeti Srinivas confirmed that the ordinance would be one prime instrument for every single home-buyer to approach the National Company Law Tribunal to commence insolvency proceedings against a realtor. Based on the signed agreement between the buyer and the seller, if the real estate company goes under water, buyers will have to prove themselves as legitimate creditors in order to claim their rights as lenders.

The rules regarding buyers’ representation is soon to be published. As per the officials, there will be two agreements in some of the states in India; one for the land and the other for the house.

An official statement said: “The Ordinance comes as a significant relief to home buyers by recognizing their status as financial creditors. This would give them due representation in the CoC and make them an integral part of the decision-making process.”

Asking about the impact of this ordinance on the business of reality esp. on the home-buyers, the Chairman – National RERA Committee, National Association of Realtors, India, Mr. Mahesh Somani said, “This is undoubtedly a great move by the government to boost the morality of the home-buyers. Over the years buyers have been hackled by the realty stake holders in terms of deliverance and quality assurance. This one recognition will set them on a par with the banks during the proceedings.”

“Projects like Jaypee, Amrapali and many more that have reeling under the insolvency proceedings, with this secured financial creditor tag, respective home-buyers can now claim their interest during the resolution process and banks will ensure that in no way it would be compromised,” –  added Mr. Somani.

-By LNN (Liyans News Network)

To Be Or Not To Be- Smart City Tag For New Town

The central government wants to give a second thought on whether New Town in Kolkata should receive a ‘Smart City’ tag or not, as there is no implementation of any central government flagship programmes by far, revealed the Union minister of housing and urban affairs, Hardeep Singh Puri.

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Yet, the government thinks that the entire pre-defined project must be stuck in the administrative dilemma of this area. The minister added that the government had given 2-years duration for sorting out the unsettled administrative issues. Having chosen for smart city mission, a city should necessarily appoint consultants, set-up special purpose vehicle (SPV), plan projects, and kick-start tendering for such projects. No such updates have been observed in New Town over past few years. Thus, the government should take-up action against the same.

Under the smart city mission, 100 smart cities to be developed across the country in which every city obtains a financial grant of Rs. 500 cr to start off projects such as wastewater treatment, solid waste management, street lights, slum up gradation, roads, and public transport etc.

“For implementing any big plan, infrastructural support and resources both hold an equivalent importance. Before Smart City mission, RERA must happen across the country in order to create a uniformity and regulation across the realty-scape. A fundamental legislative framework can only draw out the best trajectory for futuristic developments such as- Smart City Mission,” says Mahesh Somani, Chairman- National RERA Committee, Head- East Zone, National Association of Realtors India (NAR).

LNN (Liyans News Network)– Buy/Sell/Rent properties online. Invest in affordable flats in Kolkata. Find your dream home in Kolkata, that too within budget. Get complete project details of available budget flats in Kolkata. Price starts from Rs. 20lac onwards. Drop your requirement here.