The Rajya Sabha passed the much-awaited Real Estate Bill on Thursday,
prompting PM Narendra Modi to hail it as "great news for home
buyers". The bill, which seeks to regulate the property sector, bring in
transparency and help protect consumer interests, is now slated to be taken up
by the Lok Sabha on Monday. Here are 10 key features of the bill:
1.
All projects will have to be registered with regulatory
authorities, and developers will have to disclose project information including
details of the promoter, project, layout plan, land status, status of approvals
and agreements along with details of real estate agents, contractors, architects
and structural engineers.
2.
There will be no discrmination of any kind on basis of religion,
region, caste, creed or sex and gender and we will include that in the rules.
The government may bring in a "non-discriminatory" clause to allow
anyone (including a transgender) to buy property in a complex. When some House
members raised the issue of discrimination in selling flats and plots to
certain communities, Urban development minister M Venkaiah Naidu said the
constitution provides equality for all
3.
Builders will have to deposit a minimum of 70% collections from
buyers in an escrow account to cover cost of construction and land. State-level
Real Estate Regulatory Authorities will be established to regulate transactions
related to both residential and commercial projects and ensure their timely
completion and handover.
4.
No
pre-launch will be allowed without getting all approvals from the local
authorities and without obtaining registration from the regulator. All
incomplete projects are to come under the regulation.
The
bill covers any project that is more than 500 sq m or has more than eight
apartments (states can lower this requirement further).
Builders
can no longer go scot-free by putting up flashy designs or photographs of a
project to attract buyers and failing to deliver projects that match the
pictorial claims.
The
bill states the builder has to return the payment with interest to buyers who
are affected by such "incorrect, fast statements contained in the notice,
advertisement or prospectus or the model apartment, plot or building as the
case may be".
8.
It
provides for imprisonment of up to three years for promoters and up to one year
for real estate agents and buyers and/or monetary penalties if they violate
orders of appellate tribunals.
The
authority can even order "compensation" to consumers in case of
misleading advertisements.
10.
In addition, developers will have to provide brief details of
projects launched in the past five years, both completed or under-construction,
and the current status of the projects. These may be made available on the regulator's
website so buyers can take an informed decision.
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