Tuesday 12 January 2016

Impact of the Revised Real Estate Regulatory Bill 2013

India has been in need of policy corrective measures in the real estate sector for a long time now. Stringent market and economic conditions have pressed the real estate trends into sluggish markets. Though the industry has recently observed an upward shift, there are other factors like delay in residential project completions and prolonged bank interest rates which have dampened the spirits of buyers.

In this gloomy scenario, the introduction of the Revised Real Estate (Regulation and Development) Bill, 2013 will bring new hope. The amendments will make way for a more transparent and accountable system for the benefit of the developers, investors and buyers. This will also attract global investors bringing in structured capital to the sector.

The Bill is on the verge of enactment and once implemented, the government will have higher control over the contracts between real estate developers and buyers and thereby, will be able to standardise the business practices in the industry.

In the proposed Bill, the minimum balance to be maintained in the escrow account is reduced from 70 to 50% of the sales proceeds. This provision will enable the developers to diversify their funds to land acquisition and other projects but will increase the concern of the buyers regarding funds. The remaining 50% will place restrictions on the developers resulting in timely completion of projects.

Another amendment is to include commercial real estate under the law. Apart from developers, brokers and agents come under surveillance and are punishable by law if they are found to be non-compliant with the legislation.

The Bill also proposes to establish a regulatory authority in every state within a year of enactment to screen projects and to resolve buyers’ grievances and disputes. All new projects have to be registered with the regulator before commencement and under-construction projects will get three months to register. If a project is not registered, the developer will have to pay a penalty of 10% of the overall project cost and an additional 10% for continued non-compliance. Registering with incomplete and/or incorrect details will attract a 5% penalty. Also, the developer cannot make changes to the original, approved plans without the prior consent of two-third of the buyers.

A crucial step for the overall success of the law is to ensure that it is implemented at the grass root levels as well. While it is not possible to forecast constrains in the implementation process, a few anticipatory measures will be of great help. 

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