The buyers approached local MLA Pankaj Singh to seek a review of the Act as notified in the state. Singh has assured the buyers over a call that the matter will be taken up at the cabinet level.
Though the UP RERA website has broadcasted the original Act as passed by the Parliament in March 2016, the notification mentioned on the site is that of October 2016 – the format where the definition of ‘ongoing projects‘ has been tweaked to leave out a huge number of builders from the net of RERA.
As per the notification, an ongoing project is a project where development is going on, for which completion has not been issued. This excludes projects where services have been handed over to local authority for maintenance and common areas have been handed over to RWA. All development has been completed and sale-lease deeds of 60% of the project have been completed. Documents have been submitted with local authority as application for completion.
Going by this a major chunk of 82 builder projects of Noida Greater Noida could be exempt from the RERA. However, for those towers of a project which are incomplete, where construction is going on and for which completion has not been applied for or issued, RERA would continue to apply.
“Huge numbers of application for completion have been made over last one month in Noida and Greater Noida authorities. This easily means that a large number of ongoing apartments would fail to reap the benefit of RERA as these projects would not be legally required to register. This leaves the buyers in a compromised state,” Rashesh Purohit, founder, NCR homebuyers association, told TOI.
Effectively, in its present state, of the four lakh homebuyers invested in over 80 projects by 58 builders, only a handful of builders would now be affected by Rera’s hard rules. Over last three months, many defaulter builders have been on a random been applying for completion. Buyers have also been complaining about the random processing of completion without onsite verification by concerned authorities.
“We have spoken to BJP MLA from Noida, Pankaj Singh post the launch of the website and have expressed our grouse over the clause related to ongoing projects. He has assured us that a discussion with chief minister Yogi Adityanath has been held and the matter will be taken up at cabinet level so that the clause is modified to support the buyers’ interest,” Abhishek Kumar, president, Nefowa said.