Independent-Floor Buyers In Gurgaon Still Worry About the Ownership Status
In Gurgaon and invested in an independent floor? Chances are that you are among hundreds of other property buyers who are clueless about how to go about the registration of their property.
Back in the year 2012, the enforcement wing of the Town and Country Planning department had issued show-cause notices to developers in Gurgaon who had flouted zoning regulations and licences that were before 2009 by selling independent floors. Prior to July 2009, there was no such policy but licences issued made it clear that no builder should vertically or horizontally divide a plot that is to be sold. The then member of enforcement department of Town and Planning department, Dilbagh Singh said that developers had gone ahead with the sale of independent floors, got completed certificates on single names for each plot where there were three occupants on each.
Is sale of independent plots legal?
In 2009, registration of independent floors was made legal given that defaulting developers paid a penalty and only then could they get a floor-wise completion certificate. However, there were defaulters yet again. Fast forward 2018, the scenario hasn’t changed for the better. Owners of independent floors in plots that measure less than 180 sq yd cannot be the formal owners nor can they sell it.
The fate of the affected
Those who had bought such properties were assured that the state government may formulate favourable policies that would let them claim ownership of their properties. However, when the registration policy was formulated, it left many upset because the lower limit for registration was 180 sq yd or 1,620 sq ft. Among those affected include those residing in Suncity Township in Gurgaon’s Sector 54, Palam Vihar, Sushant Lok among others as more than 400 cases have surfaced.
Most homebuyers belong to the mid-income segment who had bought their units in early 2000. They had hoped to mint some profits given that real estate was its boom-time glory. Some plots measure 173 sq yd and some even 179.4 sq yd, which is just a few shots short of the 180 sq yd-mark. However, today the worst part is that such buyers cannot even get a loan against such a property making a financial decision making utterly difficult.
With this arbitrary rule, it is not just property buyers who are at a loss. The government itself has accrued losses worth Rs 8 crore or more given that such owners are not allowed to even register their property, a big blow to the revenue of the government. At the moment, the department is in talks with the Chief Minister’s office. Meanwhile, buyers continue to blame developers and the state government alike.
In 2009, a letter from the Chief Administrator of HUDA to all HUDA administrators in the state said, "In the case of vacant plots in old sectors and all residential plots in new sectors, there shall be no restriction regarding the size of plots that can have multiple owners floor-wise,” it created more confusion and local authorities refused to comply because they hadn’t received a notification from the government. As a result, decades later, buyers who own independent floors are still anxious.