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New Realty Bill to bring brokers to task, protect home buyers

New Realty Bill to bring brokers to task, protect home buyers

The much awaited Real Estate (Regulation and Development) Bill is an important move to protect home buyers from the fly-by night developers with heavy penalty proposed for the erring realtors.

Anuradha Shukla
  • New Delhi,
  • Updated Jan 23, 2012 12:56 PM IST
New Realty Bill to bring brokers to task, protect home buyers
The upcoming Real Estate (Regulation and Development) Bill has one vital input that aims at protecting the interests of home buyers. It will bring real estate brokers into the ambit of the regulations, with those brokers providing wrong information facing the risk of punishment.

The ministry has also agreed to remove the minimum threshold area clause from the Bill that would have left a large part of the realty sector unregulated.

"In many cases it is the brokers who misrepresent the facts. So, it is not completely fair to penalise just developers. After consultations with various stakeholders, the ministry is planning to bring even brokers under the ambit of the law," a senior government official from the ministry of urban development told MAIL TODAY. According to sources, the ministry is also working on preparing guidelines for the brokers to ensure best practices.

"Also, we are planning to remove the minimum threshold of 4,000 square metre," the official said.

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The much awaited Real Estate (Regulation and Development) Bill is an important move by the government to protect home buyers from the fly-by night developers with heavy penalty proposed for the erring realtors. Also, it has proposed penalties for project delays.

However, it has kept other stakeholders out of the regulation's ambit.

Many developers complained that most of the time projects were sold by the brokers touting wrong information. They have claimed that developers are not the ones who provide wrong information to the buyers.

Money Today Sept 2011: Buying your dream house "Why penalise only the developers? There should be accountability on the part of other stakeholders, such as government agencies and authorities at the Centre, state and municipal levels, financing agencies and brokers," Pranay Vakil, chairman, realty consultancy Knight Frank, and co-chair, Ficci Real Estate Committee, said.

Another problem the experts had pointed out was that the latest draft Bill will cover only those projects which are constructed on 4,000 square metre plots and above.

According to industry experts, this minimum threshold was not proper as it would keep a major chunk of real estate projects, including the small developers and their projects, out of the ambit of the regulator.

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"The draft Bill in its current form has some serious flaws. For example, the minimum threshold for regulation is set at 4,000 square metres of land, which is too high," Vakil said.

"This will only cover larger projects and townships and will leave a substantial part of the development and the smaller developers unregulated. Where would the consumers of such projects go for redressal," Vakil added.

In the earlier draft the Centre had set the minimum threshold as 1,000 sq mt. However, it increased this by four-fold later.

According to sources, the ministry is already talking to various stakeholders and is in the process of giving final touches to the Bill.

The government is set to push the Bill through during the upcoming Budget session of Parliament.

Extensive consultations have also been lined up to ensure that the Bill can be introduced soon.

Courtesy: Mail Today

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Published on: Jan 23, 2012 12:50 PM IST
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