Haryana Cabintet - Rera Rules.docx

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Chandigarh July 25: Haryana Cabinet which met under the Chairmanship of Chief Minister, Mr Manohar Lal here today approved the final Haryana Real Estate (Regulation and Development), Rules 2017.

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The Draft Haryana (Regulation and Development), Rules, 2017 were notified vide Haryana Government gazette notification dated April 28, 2017 for inviting suggestions and objections from the public and others stakeholders.

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As many as 1,874 suggestions and objections were received in this regard from promoters and their respective associations; allottees welfare associations and individuals. All these suggestions and objections were examined on merits by a committee of officers headed by Director, Town and Country Planning.

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Following principles were considered while finalizing these Rules:-

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1) Wherever a term used in RERA Act has been defined in the RERA Act as well as in a relevant Haryana Act/Rules but the two definitions don’t match, the Final Rules should define that term to mean what it means in the Haryana Act/Rules.

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2) Any term that is used but not defined either in the RERA Act or any relevant Haryana Act, it should be defined in the Final Rules.

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3) The Final Rules must not dilute the Central Act.

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4) Being Subordinate legislation, this exercise of Rule making can and should be used to remove any ambiguity or to clarify any grey areas.

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Salient features of Final Rules:-

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Deletion of definitions of “Carpet area” and “Flat”

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Deletion of components of cost of supervision and consultancy of structural engineer, chartered accountant, loan and finance from the explanation relating to cost of construction (as explained under Rule 4(4).

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Amendment in the definition of terms “external development works” and “internal development works” as defined in HDRU Act, 1975.

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Amendment in the definition of term “ongoing project” means a project for which a license was issued for the development under the Haryana Development and Regulation of Urban Area Act, 1975 on or before May 1, 2017 and where development works were yet to be completed on the said date, but does not include (i) any project for which after completion of development works, an application under Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the Haryana Building Code 2017, as the case may be, is made to the Competent Authority on or before publication of these rules and (ii) 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.

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Inclusion of seven items at serial Nos. (a) to (g) in Rule 3(1) relating to information and documents required to be submitted by a promoter for registration of his project with the RERA.

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Rule 3(2) that is the promoter shall pay a registration fee shall be as under : -

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Cateogroy of user

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Residential/Industial

10

5

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Commercial/Cyber Park

20

10

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Note: 1) Category of zones as defined in schedule mentioning rate of license fee in Rules 1976 of the Haryana Development and Regulation of Urban Areas Act, 1975.

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2) In case of residential/industrial plotted colony, the rate would be applicable for gross area of the colony.

Hyper/High Potential-I-II

Medium/Low Potential

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3) In the case of Group Housing, Commercial or Cyber Park, rates are for 100 FAR and would be proportionately higher for higher FAR.

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(g) Inclusion of Rule 4(5) that is a project where an application under Rule 16 of the Haryana Development and Regulation of Urban Area Rules, 1976 or under sub code 4.10 of the Haryana Building Code 2017, is made to the Competent Authority on or before publication of these rules but the grant of part or completion under the Haryana Development and Regulation of Urban Area Rules, 1976 or occupation certificate, under Sub Code 4.10 of the Haryana Building Code 2017, 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.

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(h) Amendment in the Rule 5(1) relating to grant or rejection of registration of a project under Section 5: (A) the license and other permissions granted to the promoter by the competent authorities shall be valid at the time of such registration. (B) In case, the stipulated time of such registration is beyond the validity period of license, then the promoter shall renew his said license/ permissions for the remaining period well in time.

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(i) Interest payable by promoter and allottee. The rate of interest payable by the promoter to the allottee or by the allottee to the promoter, shall be the State Bank of India highest Marginal Cost of Lending Rate plus two per cent provided that in case the State Bank of India Marginal Cost of Lending Rate is not in use it would 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.

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(j) Terms and Conditions and the fine payable for compounding of offence punishable with imprisonment.

http://haryanacmoffice.gov.in/newsupdates/details/id/1113