The draft Real Estate rules prepared by the Housing
and Urban Poverty Alleviation Ministry has called for developers to
compensate homebuyers by paying 11.2 per cent for delaying their
projects. The move is expected to bring relief to homebuyers who have
been affected by projects getting incessantly delayed in addition to
rising loan burdens.
The draft rules have also asked for projects
which have failed to procure completion certificates to be registered
with Real Estate Regulatory Authority (RERA) which is expected to be set
up in all the states and Union Territories (UTs) within three months
once the rules are notified. Developers will be required to furnish
information such as project completion dates, flats sizes, and amenities
promised. The rules will seek suggestions from the public till July 8.
The rules were prepared by the Ministry within
two months of the passing of Real Estate (Development and Regulation)
Act 2016, on May 1 with 69 of 92 sections published.
The proposed interest rate compensation is two per
cent above State Bank of India's (SBI) prime lending rate (PLR). A home
loan in SBI can is available at 0.20-0.80 percentage points above the
MCLR (marginal cost of fund-based lending rate), which now is 9.15 per
cent which is the PLR for a retail loan. Currently, the home loans are
available at 9.35-9.95 per cent interest rate, while the compensation
interest rate will be 11.2 per cent.
Further, if there is any violation such as a delayed
possession, an increase in apartments size, alternations in layout
constructions of additional towers without taking approval from at least
70 per cent allottees will lead to the projects registration being
canceled. Further, the Authority will be authorized to take any decision
such as roping in an external agency to get the projects completed with
buyers' association providing its consent.
The draft rules have also imposed a "compounding"
fine which developers can pay to avoid being jailed for violating
regulator rules. Meanwhile, the developer fraternity has expressed their
displeasure at the move stating that it will impact the present ongoing
projects which could further add to delay. Getamber Anand, President
Confederation of Real Estate Developers' Associations (CREDAI) India,
shared that there are many ongoing projects launched before 2012 which
can be called as defaulters.
Since real estate in each state functions
differently, the state government will be required to frame rules within
a time period of six months from the date the Act was published, which
is May 1. The rules have been termed as homebuyer-friendly as it forces
the developers to finish all the projects on time.
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