During recent years sluggish economic growth and delays in getting approvals held up several housing developments, leaving buyers waiting for possession and developers holding high debt. The Cabinet therefore, has brought out a bill to regulate the real estate sector which not only protect home buyers but also curb hidden black money in property markets. The decision of government to amend the bill, aims to boost investor confidence and stamp out prevailing illegal practices in the realty markets.
The new laws will benefit Modi Government in achieving the election promise of providing houses for all by 2022. Developers in the Indian real estate market often demand part payment in illicit cash, making many ordinary people party to corruption and exclude the emerging middle class from the realty market. The move will lead to more transparency and established industry, boost investor confidence and it will make builders more accountable. A key provision of the amended bill makes it mandatory for developers to put aside half of the money collected from buyers during pre-sale of homes and use it only for construction of that project.
Projects have been delayed in recent years after developers diverted funds raised from one project to another leaving them empty handed to complete construction thus resulting in buyers waiting for their dream homes. Real Estate markets saw its worst phase last year with steep fall in ‘housing units’ consumption and very low project launches in major cities like Mumbai, Chennai, Bengaluru, Pune, Gurgaon, Ghaziabad and Noida.
Ten ways how the Bill will help property buyers:
1) Each state will get a real estate regulator, which will settle disputes and inflict compensation. All housing andcommercial projects will have to be compulsorily registered with the regulator so that buyers can have access to genuine projects. Ongoing projects that have not received completion certificates will also be covered under the present bill.
2) Developers cannot advertise or launch projects without prior registration with the real estate authority.
3) Sale of property on the basis of super area (area in which a flat is spread plus common area such as lobby) will be prohibited. Developers will have to advertise carpet area, which is the area enclosed within the walls of a flat or apartment, for sale.
4) Developers will have to disclose layout plans and submit clearances with the regulator. They will also have to name the contractor, architect, structural engineer, etc. associated with the project. This will ensure transparency about construction quality in projects.
5) To ensure project completion on time, promoters will have to set aside 50 % of the amount taken from buyers and deposit it in a separate bank account within 15 days.
6) Developers will need the consent of two-third buyers to alter plans, structural designs and specifications of the building and will have to rectify structural defects and refund money in cases of any default.
7) Brokers, who intend to sell flats and plots in a housing project, will also have to get registered with the real estate regulator. They will be a penalty for non-compliance or any irregularities in trade practices.
8) Buyers can claim refund with interest and compensation if developers fail to deliver projects in given time period.
9) If rules are violated, projects will be de-registered and penalties will be imposed on the developer. Non-compliance will attract fine up to 10 % of project cost. Misleading information will attract fine of 5% of project cost.
10) Builders often demand part payment in cash, pushing many ordinary buyers to corruption. The Bill will help curb undeclared “black money” in property markets that costs the government billions of rupees in taxable income
The bill is a welcome move which aims to restrain flow of funds to ensure time bound construction, and impose penalties, including de-registration of the project and other fines in case of a breach. Indian Realty markets are going through a lean patch with investors and buyers, both are waiting on the sidelines for the ‘acche din’ to enter property bazaar.