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Government of India has enacted the Real Estate (Regulation and Development) Act 2016 and all the sections of the Act shall come into force with effect from April 28th, 2017. Under this Act, Government of Haryana established Haryana Real Estate Regulatory Authority (HaRERA), vide Notification No. MISC-107(A)/ED(R)/1/55/2016-ITCP dated the 28th April, 2017, for regulation and promotion of real estate sector in the State of Haryana.
The key components of Real Estate (Regulation and Development) Act, 2016 are as follows:
1. REAL ESTATE REGULATORY AUTHORITY AND APPELLATE TRIBUNAL
Under this Act, appropriate government shall establish Real Estate Regulatory Authority for regulation and promotion of the real estate sector in the State / UTs. The Authority shall strive to facilitate the growth and promotion of a healthy, transparent, efficient and competitive real estate sector while protecting the interest of allottees, promoters and real estate agents. The authority shall also establish an adjudicating mechanism for speedy dispute redressal regarding registered real estate projects. The key responsibilities of the Authority shall be as follows:
The appropriate Government shall also establish Appellate Tribunal to hear appeals from the decisions, directions or orders of the Real Estate Regulatory Authority. Any person aggrieved by any direction or decision or order made by the Authority or by an adjudicating officer may file an appeal before the Appellate Tribunal and the appeal shall be dealt with by it as expeditiously as possible and endeavour shall be made by it to dispose of the appeal within a period of sixty days.
2. REAL ESTATE PROJECTS REGISTRATION
All commercial and residential real estate projects will have to register except in projects where
No promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building, as the case may be, in any real estate project or part of it, in any planning area within Haryana, without registering the real estate project with the Haryana Real Estate Regulatory Authority(HaRERA). Promoter of ongoing real estate projects, in which all buildings as per sanctioned plan have not received Completion Certificate, shall also be required to be registered for such phase of the project which consists of buildings not having occupation or completion certificate.
If any promoter fails to register as per Act, he shall be liable to a penalty which may extend up to ten per cent of the estimated cost of the real estate project. On continued violation, he shall be punishable with imprisonment for a term which may extend up to three years or with fine which may extend up to a further ten per cent of the estimated cost of the real estate project, or with both.
Apart from Registration, the promoters shall be required to provide quarterly updates on the status of the project to the authority.
3. REAL ESTATE AGENTS REGISTRATION
All Real Estate Agents should register under this Act. No real estate agent shall facilitate the sale or purchase of or act on behalf of any person to facilitate the sale or purchase of any plot, apartment or building, as the case may be, in a real estate project or part of it, without obtaining registration under this section.
If any real estate agent fails to register, he shall be liable to a penalty of ten thousand rupees for every day during which such default continues, which may cumulatively extend up to five per cent of the cost of plot, apartment or buildings, as the case may be, of the real estate project, for which the sale or purchase has been facilitated
4. FILING OF COMPLAINTS
Any aggrieved person may file a complaint with HaRERA or the adjudicating officer, as the case may be, with respect to any registered real estate project, for any violation or contravention of the provisions of this Act or the rules and regulations made there under. The Authority shall establish an adjudicating mechanism for speedy redressal of such complaints.
Any person aggrieved by any direction or decision or order made by HaRERA or by an adjudicating officer may file an appeal before the Appellate Tribunal
Any person aggrieved by any decision or order of the Appellate Tribunal, may file an appeal to the High Court
5. FINANCIAL DISCIPLINE
The Act strives to ensure greater financial discipline in the real estate sector. Some of its provisions are as follows:
The Act shall drive great transparency in the real estate sector as follows:
Details of all the Registered Projects shall be available online for citizens including:
The advertisement or prospectus issued or published by the promoter shall mention prominently the website address of HaRERA, wherein all details of the registered project have been entered and include the registration number obtained from the Authority
7. CITIZEN CENTRICITY
Real Estate (Regulation and Development) Act 2016 is a step towards reforming the real estate sector in India, encouraging greater transparency, citizen centricity, accountability and financial discipline.
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