INTRODUCTION
RERA (Real Estate Regulation and Development Act) 2016 brings a legitimatization in the real estate sector by introducing some amazing reforms and transparency and timely accountability. The Act enhances the mechanism and takes care of the grievances. It promotes the effectiveness of the Real Estate Transactions and protects the consumers. The objectives of the RERA is to establish the regulator for the regulation in Real Estate Sector and creating Real Estate Appellate Tribunal. In this article, we will learn the Impact of RERA on homebuyers:-
RERA mandates the following :
- Compulsory registration for Real Estate projects/agents/intermediaries
- Disclosures are mandatory to submit by the promoters of the projects
If in case, the promoter fails to register then the specific penalties shall be imposed for the non- compliance but the buyers and the allottees shall be given abundantly of rights protected.
Impact of RERA on homebuyers
After a long wait, finally, the time has come when the home buyers in India can invest confidently and be free. Following are the impact of RERA on homebuyers:
- The projects of the builders cannot be delayed: as per the Law, the developers shall pay an interest of 2% points above State Bank of India’s lending rate to the homebuyers of this place. For example, Noida is known as a hub of the Real Estate. RERA also prescribes imprisonment of up to three years for errant developers.
- Builders are not allowed to charge for an area outside the walls: the buyers will only pay for the area within the walls (carpet area). The builders are not allowed to charge for the super built-up area.
- The buyer will now enjoy the liabilities is a major advantage.
- Transparency: the act warrants showing complete transparency from the developers of all the projects. The builder has to show or disclose all the details pertaining to the property like the plan, approvals, layouts, FSI and all other things related to the project.
- RERA tackles the Real Estate Agents: today we can find real estate s agents in an enormous numbers working, even they mostly do not have any official number or ID number and no registration resulting to no implications of any barriers. RERA proved very beneficial for the homebuyers in this case. It proposes each and every single broker to get registered which makes it simple for the buyers to track their records verifying them and add a security level.
- Builders are not allowed to charge extra.
- Builders are responsible for the defective house: if any defect found within the period of five years from the date of handing over the possession must be rectified by the promoter under the RERA rules.
- Buyer’s security: An Escrow account is necessary to be opened where the developer can transfer 70% of the funds received for that particular project. He cannot rotate that money anywhere else and the money can be withdrawn as per the stages of the construction approved by engineers and chartered accountants of builders.
- Also, RERA has changed the definition from 1000 sq mt to 500 sq mt or a total of 8 flats of the bare minimum for regulatory coverage.
- Quick redressal of grievances: as per RERA registration, builders-buyers disputes can be solved within 120 days under the regulatory bodies and appellate tribunals. In parallel to this, buyers consent is needed to change the project design. Promoters must have the consent of two-thirds of the buyers in a project before making any change in the number of units or other structural changes.
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