Khattar Launches Haryana RERA Web Portal

Haryana Chief Minister Manohar Lal Khattar on October 4 launched the web portal of the Haryana Real Estate Regulatory Authority (H-RERA) , saying this would ensure the sector becomes a planned one. 

To reach the official site, log on to haryanarera(dot)gov(dot)in.

There are two tabs on the official site, HRERA Panchkula and HRERA Gurugram. While the former site is meant specifically for homebuyers of the Millenium City, the latter could be used by homebuyers from across the state to raise their problems.

The Haryana RERA, says the state government, will resolve each issue in a matter of 60 days. Stakeholders, who are dissatisfied with the decision of the authority could approach the appellate authority that would be set up in Karnal to challenge the decision.

All you need to know about the Haryana law

In July last year, the CM Khattar-led Haryana government finalised the Haryana Real Estate (Regulation & Development) Rules, 2017. It took the state Cabinet three months to finalise the rules after making certain modifications although the draft rules were notified on April 28.  The changes were inserted in the wake of allegations that the state draft had watered down key provisions of the Central law to benefit developers. State official informed media developers, homebuyers and non-governmental organisations sent as many as 1,874 suggestions and objections pertaining to the draft rules.

Let us look at the key provisions of the Haryana version of the Real Estate Act, and how it promises to safeguard the interests of homebuyers.

What is an ongoing project?

One point at which the state government was backlashed was the definition of on-going projects in the draft version. The final rules have brought the definition closer to the one provided in the Central law.

All project for which a license was issued on or before May 1, 2017, and where development works were yet to be completed on the said date will fall under the purview of the law.

Also read: As RERA Resets Indian Real Estate, Homebuyers Get Ready To Be Treated Like King

However, if a project meets any of the two conditions mentioned below, the developer will not have to register the project:

• Any project for which after completion of development works, an application as the case may be, is made to the Competent Authority on or before publication of these rules. Citing highly placed sources, media reports say a large number of developers applied for completion certificate and occupancy certificates before April 30.

• That part of any project for which part completion or completion, occupation certificate or part thereof has been granted on or before publication of these rules.

“A project where an application is made to the competent authority on or before publication of these rules but the grant of part or completion or occupation certificate is refused by the competent authority, whether before, on or after July 31, 2017, the promoter shall have to make an application to the Competent Authority for registration of the project within 30 days of receipt of communication of such refusal by the applicant,” the final rules state further.

Also read: Things You Must Know About RERA Website

What is the carpet area?

Even if developers sold units based on terms such as super built-up area, etc., they will be replacing those terms with the term, carpet area.

"The promoter shall disclose the size of the apartment based on carpet area even if sold on any other basis such as super area, super built-up area, built-up area, etc., which shall not affect the validity of the agreement entered into between the promoter and the allottee to that extent," says the law.

Carpet area means the net useable floor area of an apartment, excluding the area covered by the external walls, area under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

What if the develop/buyer defaults?

In case any of the two parties fail to keep their part of the deal, they will have to pay a penalty based on State Bank of India's highest marginal cost of lending rate of interest, plus two per cent, “provided that in case the State Bank of India marginal cost of lending rate is not in use, it shall be replaced by such benchmark lending rates which the State Bank of India may fix from time to time for lending to the general public”.

Also read: All You Need To Know About UP RERA