With buyers entitled to seek relief under the Real Estate (Regulation & Development) Act,2016 with effect from the first of May this year, the central government has cautioned the States of a serious situation of vacuum arising if necessary institutional mechanisms, as required under the Act were not put in place before that.

Ministry of HUPA had organized a consultative workshop with all the States/UTs on the 17th of last month to review the progress made by them and apprise them of their responsibilities under the Act and the timelines to be met to enable the consumers take benefits of the Act from the first of May this year and the need to ensure that the Rules were not in variance with the spirit of the Act.

So far, Rules have been notified by only four States and for six Union Territories. Ministry of HUPA, mandated with the responsibility of making Rules for UTs without legislatures has done so for Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu and Lakshadweep while the Ministry of Urban Development has done so for Delhi. A few other States have been reported to have notified only Draft Rules seeking views and suggestions from stakeholders.

States that have notified final Rules are: Gujarat, Madhya Pradesh, Kerala and Uttar Pradesh.

From May 1st this year, under the provisions of the Act, both buyers and developers of real estate can approach Real Estate Regulatory Authorities seeking relief against violation of the contractual obligations and other provisions of the Act. For this to happen, Real Estate Rules including the General Rules and the Agreement for Sale Rules, Real Estate Authorities and Appellate Tribunals were required to be in place and in a position to start functioning.

Courtesy: Ministry of Housing and Urban development


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