http://beta.thehindu.com/news/national/article25023.ece#<http://beta.thehindu.com/news/national/article25023.ece>
Housing
Ministry unveils Model Real Estate Regulation Act





*The Hindu **TIME FOR TRANSPARENCY: A draft model law by the Union Ministry
of Housing and Urban Affairs provides for greater transparency in dealing
with housing properties. File photo of housing complexes and IT malls under
construction in Chennai. **[image: Real_estate.jpg]***

*No buildings or townships meant for sale, in the near future, can be
undertaken without registering them with the Real Estate Regulatory
Authority to be set up in each State. The Ministry of Housing and Urban
Poverty Alleviation has published the draft Model Real Estate (Regulation of
Development) Act to control and promote construction, sale, transfer and
management of colonies, residential buildings, apartments and other similar
properties through a regulatory authority. *

*This draft Act has been published for soliciting stake holders’ opinion and
the Ministry expects the State governments to pass their respective Acts,
based on this model Act, after it is finalised. *

*The Model Act makes it mandatory for all promoters to submit the details of
the approved plans of projects along with a bank guarantee equivalent to
five per cent of the estimated cost of the development to the regulatory
authority. In addition, the promoter will also give an undertaking to
complete the work in accordance with the conditions of registration. After
verifying the authenticity of the approved plan, the title of the property
and other relevant details, the authority will register the project. The
details of the projects will be made public through the authority’s web
site. *

*This registration will be valid for three years and has to be renewed after
that. *

*When violations of rules, failure to provide essential services to the
developed plots are noticed or complained about, the registration will be
cancelled after due verification. The bank guarantee provided will be
forfeited and the names of the promoters will be included in the defaulters
list and published in the authority’s website. Failure to comply with the
rules of the Act will attract imprisonment for a term which may extend to
three years or a penalty which will be computed in terms of percentage cost
of development. *

*The model Act also prevents the promoters from advertising the project
before it is registered with the authority. If the information contained in
the advertisement or the prospectus is found untrue and causes loss or
damage to the buyer, the promoter will be asked to compensate for the loss.
*

*The model act also provides for appeal and setting up of appellate
tribunal. *

*Suggestions to improve the draft Act have to reach the Ministry
([email protected]
or [email protected]) by November 6, 2009. *

*Development up to 1,000 sq. m. exempted *

*Even as the draft model Real Estate (Regulation of Development) Act has
laid out elaborate rules for development of colonies and construction of
apartments, it has exempted development of land up to 1,000 square metres
from mandatory registration with the proposed regulatory authority.
According to the draft, “no such registration shall be required, when the
area of land proposed to be developed into a colony does not exceed 1,000
square metres or the number of apartments proposed to be constructed does
not exceed four”. *

*This exemption is seen as a move primarily to help land development for
own-use. The draft has clearly elaborated the role, responsibility and
obligations of promoters who undertake land development. It has made it
mandatory for a promoter who develops a real estate project to make
available for inspection all documents and information to any person who is
intending to take a plot/building/apartment in the project. *

*It has also prohibited real estate promoters from soliciting buyers through
ads or taking advance/deposits without first registering with the proposed
regulatory authority. Any such ads post-registration with the regulatory
authority should contain all details, including the cost payable. It also
makes it mandatory for a promoter to record all details vis-À-vis the
project for which registration has been obtained on the website of the
regulator within 15 days from the date of receiving the password from the
regulatory authority through a system of self-entry. *

According to the draft, the proposed regulatory authority will have a
chairperson and two members. They will have three-year tenure. It will have
powers to call for information and conduct investigation, among others. It
will help evolve consensus on structural safety norms, facilitate the
establishment of a framework for speedy processing and grant of all relevant
permissions and promote the rating of real estate projects. The draft also
provides for setting up an appellate tribunal.



*

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*

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