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UP Rera will hand over flats to buyers if authorities delay occupancy papers
In the order issued Monday, UP-Rera secretary Abrar Ahmed said that as per section 11(4)b of the RERA Act, the promoter shall be responsible to obtain the completion certificate or occupancy certificate or both as applicable from the competent authority.
The Uttar Pradesh Real Estate Regulatory Authority (UP-Rera ) has issued an order that if occupancy certificates (OCs) are pending with the authority concerned beyond the stipulated period, UP-Rera will treat is as deemed approval and direct the builder to give possession to allottees.
In the order issued Monday, UP-Rera secretary Abrar Ahmed said that as per section 11(4)b of the RERA Act, the promoter shall be responsible to obtain the completion certificate or occupancy certificate or both as applicable from the competent authority, as per local laws.
Under Uttar Pradesh Urban Planning & Development Act , a developer will complete the development according to the approved plan and send a notice of completion to the authority concerned and obtain a completion certificate from it.
Further, the Act provides that if the completion certificate is not granted and refusal to grant it is not intimated within three months on receipt of notice of completion, it shall be deemed that the completion certificate has been granted by the authority.
He said on completion certificate application, the authority has to take a decision within seven days and intimate the deficiencies and either disapprove or approve the application. It can also ask the developer to make amendments as per the deviations witnessed and apply afresh for a completion certificate.
To safeguard the interest of buyers, the decision was taken to give possession of apartments once deemed approval period is over at the UP-Rera board meeting held on September 4.
Ahmed said it has been decided that if the promoter has developed proper infrastructure for electricity, water, sewerage, and other internal infrastructure, including roads, and has procured the electrical safety certificate, the fire safety certificate, structural engineer’s certificate and lifts installation and safety certificate, and submitted all these certificates with the completion certificate application and if in the next seven days, the application is not rejected, then after this period, UP-Rera will treat it as deemed approval.
He said UP-Rera will then direct the promoter to execute sale deed or sub-lease deed and give possession to the allottees. As a tripartite agreement is required in Noida,Greater Noida and Yamuna authority areas, the promoter will be directed to execute the agreement for sale and give possession of property to the allottees, Ahmed said.
“Monday’s office order copy has been sent to Noida,Greater Noida authorities and the Yamuna Expressway Industrial Development Authority (Yeida) for information and necessary action at their end for disposal of completion certificate applications within the stipulated period,” he said.
UP-Rera member Balvinder Kumar said,“This will speed up possession. Moreover, it will put pressure on the authorities to approve the completion certificate and occupancy certificate applications within seven days.”
He said it will be beneficial for promoters, too. “If an allottee does not take possession, the promoter will file a petition against the allottee before the UP-Rera. That way, the allottee, too, will take an interest in getting possession at the earliest,” Kumar said.
Builders and allottees said the order will be beneficial to them. “It is a path-breaking initiative and will result in authorised delivery of houses. It will create a positive impact on the ongoing situation in the realty market,” Sanjeev Srivastava, a member of Credai (UP West), a builders’ lobbying group, and managing director of Assotech, said.
Greater Noida authority’s officer on special duty Santosh Kumar said he will study the order and then comment on it. “We have not yet received the UP-Rera order so far,” he said.
The officials of the other two authorities were not available for comment.
