Indian Realty Bill: May Open New Doors to Secure Home Buying
by Dhirendra Kumar, Editor, ValueResearchOnline.com
For many Indians, buying a residential property is the biggest investment they make in their lifetime. Last week, the government released for public comments a draft Real Estate Regulation Bill, which is said to be on its way to becoming a law in the winter session of Parliament. As such, this is a step towards bringing some semblance of consumer protection to the decidedly anti-consumer practices of the Indian real estate sector (Industry).
Again and Again..!
However, this news did give me a strong feeling. When I googled the phrase . India real estate regulatory bill, I came across a newspaper article from 2006 saying that a real estate regulatory bill was expected to be passed in the 2006 winter session of Parliament. I also came across another article from 2008 that said a real estate regulatory bill was expected to be passed in the 2008 winter session of Parliament. Not just that, I also also came across a draft of a model bill dated September 2009 with a covering letter from a government official attached. The letter said that the bill should be put up on the web by November 9, 2009, and comments invited from the public. So, I wouldn't keep my fingers crossed too hard.
Improvement For Homebuyers..!
Nonetheless, if and when this bill does become a law, it will be a huge improvement for housebuyers in India. Many, if not most, of the problems associated with buying a house at every step could be solved substantially. For example, right at the beginning of the process, buyers face the problem of getting trustworthy information about the identity of the promoter and basic facts regarding the legal and approval status of the land and the project concerned.
The new Real Estate Regulation law will mandate that each project be registered with and approved by the Real Estate Regulatory Authority and that all information filed with the authority be made available on its website.
No project can be announced or advertised before this registration. This alone will be a huge impediment to so many unhealthy practices.
The Real Estate Regulation draft bill also mandates that the developer stick to the announced specifications and plan, and it lays down penalties if they do not. Now, these things are just part of a one sided agreement that developers typically present to buyers as fait accompli.
Around India, the property buyers biggest troubles arise from long delays and from developers transferring money from one project to another. The new law tackles this. Registration of a project is for 3 years and is then extendable for specific reasons twice for one year each. After that, the law allows for what appears to be a handover of the project to some other entity like an association of the buyers
.
As far as fund diversion is concerned, the Real Estate Regulation draft law is less than satisfactory. It mandates that 70% of the funds taken from buyers be kept in a separate audited account and paid out only for project expenditure. This is strange, because the 2009 model law said that 100% of the funds should be thus isolated. Realistically, this means that the old draft said that the developer should not be able to divert any of buyers funds, but the new Real Estate Regulation draft says that its OK to divert 30%. This is a suspicious change and the government should clarify the logic behind it.
The other huge problem is that the law completely ignores the malpractices of the past. Financial regulatory laws typically have mechanisms for bringing older businesses into their fold. Given the sad history of real estate operations in India, its untenable that all projects launched before this bill becomes law will apparently stay out of its purview.
by Dhirendra Kumar, Editor, ValueResearchOnline.com
 |
| Dhirendra Kumar |
For many Indians, buying a residential property is the biggest investment they make in their lifetime. Last week, the government released for public comments a draft Real Estate Regulation Bill, which is said to be on its way to becoming a law in the winter session of Parliament. As such, this is a step towards bringing some semblance of consumer protection to the decidedly anti-consumer practices of the Indian real estate sector (Industry).
Again and Again..!
However, this news did give me a strong feeling. When I googled the phrase . India real estate regulatory bill, I came across a newspaper article from 2006 saying that a real estate regulatory bill was expected to be passed in the 2006 winter session of Parliament. I also came across another article from 2008 that said a real estate regulatory bill was expected to be passed in the 2008 winter session of Parliament. Not just that, I also also came across a draft of a model bill dated September 2009 with a covering letter from a government official attached. The letter said that the bill should be put up on the web by November 9, 2009, and comments invited from the public. So, I wouldn't keep my fingers crossed too hard.
Improvement For Homebuyers..!
Nonetheless, if and when this bill does become a law, it will be a huge improvement for housebuyers in India. Many, if not most, of the problems associated with buying a house at every step could be solved substantially. For example, right at the beginning of the process, buyers face the problem of getting trustworthy information about the identity of the promoter and basic facts regarding the legal and approval status of the land and the project concerned.
The new Real Estate Regulation law will mandate that each project be registered with and approved by the Real Estate Regulatory Authority and that all information filed with the authority be made available on its website.
No project can be announced or advertised before this registration. This alone will be a huge impediment to so many unhealthy practices.
The Real Estate Regulation draft bill also mandates that the developer stick to the announced specifications and plan, and it lays down penalties if they do not. Now, these things are just part of a one sided agreement that developers typically present to buyers as fait accompli.
Around India, the property buyers biggest troubles arise from long delays and from developers transferring money from one project to another. The new law tackles this. Registration of a project is for 3 years and is then extendable for specific reasons twice for one year each. After that, the law allows for what appears to be a handover of the project to some other entity like an association of the buyers
.
As far as fund diversion is concerned, the Real Estate Regulation draft law is less than satisfactory. It mandates that 70% of the funds taken from buyers be kept in a separate audited account and paid out only for project expenditure. This is strange, because the 2009 model law said that 100% of the funds should be thus isolated. Realistically, this means that the old draft said that the developer should not be able to divert any of buyers funds, but the new Real Estate Regulation draft says that its OK to divert 30%. This is a suspicious change and the government should clarify the logic behind it.
The other huge problem is that the law completely ignores the malpractices of the past. Financial regulatory laws typically have mechanisms for bringing older businesses into their fold. Given the sad history of real estate operations in India, its untenable that all projects launched before this bill becomes law will apparently stay out of its purview.
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