Recommendations by RS Panel in Realty Bill accepted, home buyers hopeful

The real estate bill is likely to be passed in the winter session of parliament. The bill has clauses which penalize defaulting realtors, crackdown on fly-by-night operators and recommends jail term for up to three years for repeat offenders. Mr. Vikas Gupta, Joint Managing Director of Earth Infrastructures, said, “The bill will protect the interest of buyers. There have been many fraud cases in the past. The reforms that will be brought about by the bill will prevent such fraudulent cases from happening in the future.”

The Real Estate (Regulation and Development) Bill was referred by Rajya Sabha to a 21-member select committee on May 6 for its assessment and it asked the committee to submit its report by the last day of the first week of the next session of Parliament, which is the current monsoon session. It has gone through revisions and amendments after having been passed by the Cabinet.

It is being reported that all 38 recommendations made by the select committee have been given approval. The major recommendations of the bill listed that realtors will not be allowed to divert more than 50% of money collected from a buyer to other projects. The cap of 50% can be increased at the discretion of the state governments but cannot be lowered. This will make it hard for builders to acquire more land if their capital is locked up in another project. In metro cities, the cost of construction can be lowered to 5-10% of the cost of acquisition.

Another reform in the bill restricts promoters from selling their flats in under construction projects prior to getting it registered and from accepting more than 10% of the total cost of flat without registering a written agreement for sale with the purchaser. Mr. Vikas Gupta of Earth Infrastructures also said, “The builders will be required to state tentative date of possession. This will further safeguard the buyers.”

Any housing project on more than 500 sq metre will have to register with the proposed real estate regulator. Earlier the cap was 1000 sq metre. Failure to pay interest rate by the promoter or allottee can lead to penalties and subsequent violations may lead to a three-year jail term. Also, every state is required to set up a Regulatory Authority and as quasi-judicial Appellate Tribunal as the two tier-dispute resolution mechanism. The carpet area has also been redefined to prevent builders from including the balcony area into the carpet area.

Mr. Vikas Gupta of Earth Infrastructures confirmed, “The bill was originally aimed for only residential projects but will now include commercial projects as well.”


Founded on Earth Day April 22nd 2010 with a vision to become the most innovative and trusted brand in real estate sector by adopting state-of-the-art technologies, global trends and continuous innovation with a dedicated focus to deliver at par with best trends around the globe, Earth Group of Companies today stands tall as one of the fastest emerging key players in the Indian real estate landscape with 50+ offices across the country, 1500+ employees, 15000+ satisfied customers, and 20 million+ sq. ft. space under construction.



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  • Martin Ernest

    The best part about the real estate bill is the clauses introduced to safeguard the interest of the buyers. According to me it is a great initiative to keep a check on fraud cases.

  • Vinay Mahajan

    Everyone has their big eyes on the proposed Bill due to its noteworthy provisions specially the carpet area will now officially exclude balconies, will be a relief for buyers from being looted in disguise. The comment by Earth Infrastructures gives a significant clarification regarding inclusion of commercial projects in the Bill.

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