Good news for all illegal colonies made between 1995 and March 2018 to apply for regularisation as per the Punjab Laws (special provision for regularisation of unauthorised colonies) Act of 2018 notified in April.
As per section 4 of the RERA Act, it is mandatory for the Builder and project owners to apply for registration after getting requisite approvals, building plans approved and another necessities complied from the local department.
Since the illegal colonies are without any approvals nor sanctioned plan, it is difficult for buyers or owners of the plot to avail remedies under RERA Act. As per data available there are eight thousand illegal colonies in Punjab.
For complaint to be maintainable before RERA Authority Punjab, the project has to be registered as per the judgement given in Bikramjit Singh & Ors. Case 3 of 2017 decided on 13.12.2017.
But wait, clause 15 of the notified policy dated April 2018 bring some hope-respite to the home owners. It stipulates the colonies that will be regularised to go for mandatory RERA Registration withing 3 months of grant of the registration.
So, Where does the problem lie? There is ambiguity related to maintenance of internal development works and providing basic amenities to the buyer.
RERA Act holds builder and project developer responsible for maintenance of internal works whereas the Regularisation of Unauthorized Colony policy 2018 gives it back to the State government Agencies or Municipalities.
Clause No. 17 of regularization policy says once minimum 50% of the plot owners submit the funds deposited on account of development charges and regularisation, then the government authorities like GMADA or Municipal Corporation/Nagar Palika are bound to provide basic facilities of water supplies, sewerage and streetlights to its residents.
Does builder or developers get absolved of its maintaining internal facilities under the RERA act after registration as per the 2018 Regularisation policy of unauthorised colony being notified.
Though it is the demand of Builders not to apply RERA retrospectively and apply to the colonies coming after May 2017 which is the date of RERA coming into force. No useful purpose would be serve says Mr. Kultar Singh Jogi president of Punjab colonizers and property dealers.
RERA has brought back the confidence of buyers in the real estate market by bringing transparency and accountability.
Real Estate Regulatory Authority Punjab, operating from Mohali office is quick in disposing of the Complaints related to delay in possession, violation of the building plans and external works being stalled for no reason.
Section 4 of the RERA Act mentions builder to comply with all the necessary project formalities and approvals as required by the various departments and submit it along with the form to the Punjab RERA Authority.
If the project is being developed in phases, then also the Builder is liable for registering the project for that particular phase and seeking seek approvals from government body in a phased manner.
RERA possesses quick solution for the stressed homeowners and buyers who felt cheated of their hard earned money and now in real estate property market
The RERA Act 2016 and the Punjab Real Estate Rules 2017 can enforce discipline and delivery sentiment back to the builders community which is currently lacking.
For more info on RERA Punjab at Mohali or Real Estate Regulatory Authority Punjab please dial 99888-17966. We’ll assist you the best way we can.