After missing out on the first two deadlines, the Maharashtra government has finally come out with its version of RERA rules. The rules of Real estate (Regulation and Development) Act, 2016 have been published by the housing department on 9th December. They will be open for public suggestions and objections until 23rd of this month.
Some of the salient features of the draft rules are as follows:
- Deemed conveyance under MOFA exists
- Parking spaces can be sold by the promoter at consideration
- All projects where occupancy certificates to all the buildings under sanctioned plan not received needs to be registered with authority.
- Registration exempted for renovation, repair or redevelopment which does not involve marketing, advertisement, selling or new allotment of any apartment or structural repairs, rehabilitation buildings being constructed under any scheme of law.
- Maharashtra Ownership of Flats Act or (MOFA) is repealed.
While the officials from the housing department are claiming that the rules are framed keeping the interests of the buyers in mind. Buyer groups and activists feel otherwise.
Fight for RERA member Prakash Paddikal feels that the rules have been diluted.
''The rules don't take into consideration all our demands. For instance, people who want to undergo redevelopment get no protection from this. The authorities responsible for causing delays have not been brought under the purview of the act. Also, the registration fees for real estate projects which are Rs.1 per sq. meter for a project where the area of land proposed to be developed is less than 1000 square meter and Rs. 2 per square meter where the area is more than 1000 square meter is ridiculously small. These are our initial observations, we will be studying the rules in detail now.''
Noted property Lawyer Uday Wavikar feels that consumer interest is diluted in the RERA rules published by the government.
“ Deposit in the escrow account is from now onwards. So what happens to the projects which are not yet completed? They have allowed the developer to change the plans if permitted by the authorities, this is a clear case of injustice on the buyers. Besides now parking space can be sold by the developer which is against the MOFA. Moreover, the state level appeal will go to the respective high court of the state. Instead of this, we had demanded a creation of separate authority like NCDRC to hear the appeal.''
Ramesh Prabhu, Chairman of Maharashtra Societies Welfare Association (MSWA), says that though the rules have clarified some things, there are still a lot of ambiguities which need elaboration.
“The rules state that conveyance to be given by apex body after completion of the last building in the layout. The developer may not complete last building to explore additional FSI. Rules also exclude conveyance of government bodies like MHADA, CIDCO, NIT etc stating that it will be as per the provisions of the respective acts related to them.''
Some of the activists also pointed out that rules don't seem to allow criminal proceedings against the developers.
The PDF of draft rules is available on the government website. Any suggestions or objections can be sent via email to firstname.lastname@example.org or through post addressed to Principal Secretary, Housing Department, Mantralaya, Mumbai 400032.