Haryana okays diluted RERA rules, Gurgaon homebuyers upset as builders get escape route
RERA rules have exempted all projects for which part or full completion certificate, and part or full occupation certificate has been granted on or before April 30, 2017.gurgaon Updated: Jul 26, 2017 10:45 IST
The Haryana cabinet on Tuesday approved the Haryana Real Estate (Regulation and Development), Rules 2017, paving the way for implementation of the much-awaited law in the state.
Gurgaon homebuyers, however, are not enthused with the regulations. The homebuyers termed the rules drafted by the state government as pro-builder and alleged that the Rera rules set by the Centre have been diluted.
The draft rules were notified through a state government gazette notification on April 28 for inviting suggestions and objections from the public and others stakeholders.
About 1,874 suggestions and objections were received from promoters, allottees’ welfare associations and individuals, said an official government spokesperson.
All suggestions and objections were examined by a committee of officers headed by director, town and country planning.
The spokesperson said that while finalising the rules, the officials had observed that the Central Act must not be diluted and the exercise of rule-making should be used to remove ambiguities or to clarify any grey area.
Buyers alleged that the Haryana RERA draft diluted the definition of “ongoing projects” as defined by the Central government and provided an escape route to builders who have not completed even a single project in the past 40 years in Gurgaon.
A group of homebuyers had even conducted a hawan ceremony in May at Leisure Valley Park in Gurgaon’s Sector 29 seeking divine intervention for an undiluted Rera.
Gaurav Prakash, founder member of Dwarka expressway welfare associations, said: “This is the last thing expected from the government on Rera. Completion certificate should have been the criteria not the occupation certificate. It seems as if the authorities have only done cosmetic changes to ensure protection of interest of a small section of the industry.”
“Aggrieved homebuyers who had lot of hopes from the legislation have been left in a state of despair by the government,” said VP Bakshi, president of federation of apartment owners association.
The approved rules state that an “ongoing project” means a project for which a licence was issued for development on or before May 1, 2017, and where development work is yet to be completed on the said date.
But diluting the Central rules, the state government has exempted the projects for which after completion of development works, an application for completion or occupation certificate (CC/OC) has been made by April 30.
“We the gravely harassed homebuyers wanted all those projects for which completion certificates have not been granted to come under the purview of HRERA. This requirement has not been met and hence HRERA is a diluted version to let unscrupulous builders off the hook,” said Rajiv Karen, a homebuyer.
The rules also exempt projects for which part or full completion certificate, and part or full occupation certificate has been granted on or before April 30.
Official sources said that a large number of developers had applied for CC and OC before April 30.
CC is a certificate by the competent authority that the
real estate project has been developed according to the sanctioned plan, layout and specifications as approved by the authority.
OC is a certificate issued by the competent authority to the developer permitting buyers to move into their apartments.