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All the real estate projects will continue to be under the scope of UP-RERA for 5 years even after an OC and CC have been issued.


Highlights:

  • If a homebuyer is not satisfied with the services of the real estate developer, he or she can approach the authority, even if OC and CC have been granted to a real estate project.
  • Real Estate Project will continue to be under the scope of UP-RERA for 5 years, the authority claimed.


Noida,
5th October 2019: The Uttar Pradesh Real Estate Regulatory Authority (UP-RERA) declared that all real estate projects in Uttar Pradesh that have been granted Completion Certificate (CC) and Occupation Certificate (OC) by authorities will continue to come under the purview of RERA for 5 years, if homebuyers are discontented with the services provided by real estate developers can easily approach the authority until such time.

It is obvious that if the builder has applied for CC and OC, it is assumed that it has provided basic facilities. As per the compliance, under the builder-buyer agreement, all facilities that have been promised have to be provided to the buyers. And, if the real estate developer does not provide basic facilities, homebuyers can approach the authority and UP-RERA will service their complaints, according to Real Estate News Noida.

As per Clause 6(1) of the UP-RERA order, if an electrical safety certificate, structural engineer certificate, fire safety certificate, and lift installation safety certificate and electric supply, sewerage lines, water supply, water outlet, internal roads have been ensured and the competent authority has not communicated within 7 days of the application, CC will be deemed to have been issued.

One of the experts told that a development authority is accountable for accepting applications only when the developer has all these certificates in place. In case these specified documents are not in place, they should not be accepting OC/CC applications. The Authorities must accept applications only when the developer has all these 6 approvals in place from different statutory bodies.

Last week, buyers had called for abrogating the UP-RERA order that says that in case Noida Authority fails to issue occupancy certificate (OC) or raise objections within 7 days of receiving an application from the real estate developer, the realty firm can begin offering possession to the homebuyers as it would support prevalent malpractices, according to Property News Noida.

There have been thousands of complaints of missing amenities and facilities as promised; incomplete internal and external developments and missing facilities in common areas. Thanks to RERA, now, a buyer can approach UP-RERA even if CC and OC have been issued to a project, this will protect homebuyers against such malpractices from the developers.

RERA - Real Estate (Regulation and Development) Act 2016 came into effect, from May 1, 2017. Though it was introduced by the UPA 2 government in 2013, it was enacted by the Government of India on 26th March 2016. The act aims to provide a regulatory framework for the real estate sector.

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