Thursday 20 June 2013

Where there's a Bill, there's a way



The Real Estate Bill 2013 has been in the pipeline for quite a while and it's only recently that it was approved by the Union Cabinet and is now waiting to be passed by the Parliament. This Bill allows for the creation of a regulator in the real estate sector, for residential properties. Here's how it attempts to safeguard buyers' interests:
  1. Property brokers must obtain a license.
  2. Developers to submit authenticated copies of approvals and sanctions from the competent authorities while applying for registration.
  3. No advertising, selling or money raising will be permitted before project approvals are in place.
  4. If a developer flouts a provision of the Bill, he could be fined severely or jailed.
  5. The provisions of this Bill will also apply to government agencies involved in housing projects.
  6. Developers should maintain a separate bank account for each project in a scheduled bank to prevent diversion of funds from one project to another.
  7. Compulsory registration of all real estate projects of more than 4000 sq.mts.



One of the best parts of all the documentation this Bill demands is that brokers, especially those who only deal in cash, will have to redo their methods, so to speak. The buyer's cost will be affected just by this.

With the good comes the bad. Here are some shortcomings of this Bill:

  1. The Bill will be applicable only to new real estate projects. Those projects that have already been launched and sold will not come under its purview
  2. While there are penalties for failing to deliver on time, there is no clarity on what happens if the delay is due to the failure of government agencies to give timely approvals.
  3. Since Registration is required only for projects over 4000 sq. mts smaller developers will evade the Bill's scrutiny.
  4. A developer will now launch a project only after he has received all the approvals, which is a timetaking process.

There are several complaints that developers will have but it benefits a real estate buyer and is quite the sigh of relief. But the sighs will have to wait as for it to be passed by the Parliament and adopted by all the States, there may still be time. Lots of time.

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