Haryana RERA Says “Incomplete” Homes Are Not “Ongoing”
The real estate law brought in some changes that have changed the way that homebuyers look at the property market. No doubt, there still exists a lot of worry over project delays, issues pertaining to insolvency and developers defaulting on their promises. Nevertheless, the Real Estate Regulatory Authority (RERA) set up across states have ensured that they bring in as much transparency as they can.
In the latest ruling, the Haryana RERA has mandated the following:
For instance, according to RERA rules, any ongoing project that hadn’t received a completion certificate (CC) had to be registered under the state’s RERA. Section 3 (1) read, “all ongoing projects which have not received completion certificate will need to register their project with the Regulator Authority, within three months of its commencement.” The Haryana RERA, that came into effect on July 28 last year, had said that those projects where the developers had applied for occupation certificate (OC) or CC before the day the authority started working would not need to register with the authority. Contrary to this, the authority has now ruled that an incomplete application for OC or CC won’t do.
“Merely by filing an incomplete application on or before publication of these rules will not exempt the projects to be covered under the definition of ongoing projects. The conclusive proof of completion of development work is the issuance of the completion certificate by the competent authority. A mere application cannot be conclusive proof of having completed development work,” said KK Khandelwal who headed the Gurgaon Bench of RERA. The decision was taken after Simmi Sikka, a homebuyer, filed a complaint regarding her purchase in Emaar MGF.
Settling the confusion, the Haryana RERA ruling has established that it is the de-facto regulator of the property market across its jurisdiction. With this, 200 more projects will come under the authority with far-reaching implications.
Not just this, homebuyers in completed projects who are looking at grievance redressal can also look up to the authority. There have been issues where the OC may have been partially or wholly received but the developmental work is underway or incomplete. Even such projects cannot ignore the mandatory RERA registration.