Maharashtra Government incorporates discrimination clause in RERA, and, 7 other clauses to know

For saving the flat buyers who have to face a lot of trouble while buying a new flat from builders, Government of Maharashtra has come up with Real Estate (Regulation and Development) Act (RERA). But on Tuesday Maharashtra government has also incorporated an anti-discriminatory clause in rules under RERA. Nowadays a lot of cases have come up where flat buyers are declined flats owing to their caste, ethnic origin, dietary choices or any such factor.

After getting piles of complains about builders denied to sell flats in Mumbai based on buyers religion, marital status or dietary preferences, State Government started working on this new rule and finally incorporated in RERA.

As reported by Indian Express, the new rules added by Maharashtra government includes approved parking space can now be sold by builders, to regulate these sales, state government has mandated that builders should disclose the sales of these parking spaces. Prevailing rules grant co-operative housing societies to distribute parking spaces among its member.

Maharashtra Chief Minister Devendra Fadnavis has approved the Real Estate (Regulation and Development) Act (RERA) and it will come to effect from 1 May, 2017. The RERA came into force in May 2016, since October 2016, states have began issuing their version of the rules under the central act. The Government of Maharashtra had released a draft version of rules in December, after which state government had sought suggestions and objections from various stakeholders. After soughting out all the suggestions and objections which state government received, the final rules are now approved and will come to effect from, 1 May, 2017. Though The Central Government had passed the ACT last year and had given a deadline of 31 October to all States and union territories. But only Maharashtra, Karnataka, Chandigarh, Delhi, Madhya Pradesh, Gujarat and Uttar Pradesh had managed to notify their state specific rules.

Some Rules in RERA modified/added by the State Government:

  1. A provision requiring developers to make public on the proposed housing regulator’s website disclosures pertaining to building approvals obtained.
  2. The developers to make disclosures regarding their past track record of project delivery.
  3. The developers must make disclosures regarding the marketability of the title of the land.
  4. The new Act requires builders to convey property to the society within three months after occupation or when the buyers have paid the full amount.
  5. For filing a complaint with the housing authority, a flat buyer or a complainant will have to pay a fee of Rs 5,000.
  6. The Act disallows selling or advertising a flat sale before the commencement certificate (CC) is in place.
  7. In the new Act, the builder can send a termination notice only if a flat buyer defaults for a third time on payment. The buyer has to be given 15 days notice.

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