Even after the 2 months since Real Estate Regulation and Development Act (RERA) came in effect, Haryana government has not set a permanent RERA authority and created a website for facilitating the RERA regulation.
Though the rules were notified by the state on 28 July, interim authority was registering all the ongoing and new projects under the draft RERA rules which is still going on. “online portal can’t be launched until and unless state RERA authority isn’t organised. RERA authority will take care of the format of the portal,” said an official.
Sources also said that the website may take 2-3 months more to become functional.
Haryana RERA committee yet to decide the penalties on builders in state for non-compliance with RERA and still advertising their residential projects without registration with RERA. Haryana RERA committee in July sent over 20 show-cause notices to many real estate builders for non-compliance and advertising their housing projects without registration.
We have sent these notices under Section 3 of RERA and the process of hearing is going on to fix the accountability. We have to take a call on the extent of the penalty in such cases. As per the Section 3 (1) of the act, no promoter shall advertise, market, book, sell or offer for sale, or invite persons to purchase in any manner any plot, apartment or building… in any real estate project or part of it, in any planning area, without registering the real estate project with the Real Estate Regulatory Authority established under this Act.
Said a senior state government official.
As per Section 59 of RERA Act, violations may lead to a penalty of up to 10% of the total project cost.
However, the registration of projects under Haryana RERA Act is going on at a very slow pace. “Till now Haryana RERA Committee received around 500 applications for project registration and only 264 projects have been registered out of them,” The senior official added.
Homebuyers don’t have a clue about where and how to register their complaints under RERA. State government simply undermined the aim of the law that seeks protection of the homebuyers interest, said Gurgaon-based homebuyer Gaurav Prakash.
Haryana government is also facing criticism from the homebuyers for diluting central law by changing definition of ongoing projects, exempting many residential projects from the purview of RERA.
Haryana government has exempted the developer from the RERA even if he had given application for licence, or even received a part of completion certificate, before the notification of RERA. It means the builders who have not completed projects and left homebuyers in lurch will not be penalised under RERA.