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  • RERA West Bengal

    For many years, people in India faced issues with builders and developers when buying a house. The Government of India decided to put an end to the pressing problems in the real estate sector and introduced the Real Estate Act, 2016 to help and support people buying homes in the country. The bill could also boost real estate investments. RERA establishments were formed in each state with an objective to regulate the real estate sector and these agencies acted as an adjudicating body who dealt with any redressals.

    Many states in India accepted RERA quickly as soon as it was approved. Initially, West Bengal missed the deadline to implement RERA in the state. The West Bengal Government did not agree with certain terms that were defined by RERA. So, they have redefined the terms and added rules in a draft proposal which will be submitted for approval to the RERA committee.

    The Highlights of the RERA West Bengal Draft

    • It is from the the Governor of the Government of West Bengal Housing Department.
    • The draft in Chapter 1 Section 2 defines certain terms like “ACT”, “Annexure”, “Authenticated Copy”, “Form”, “Layout Plan”, “Project Land”, “State Government”, and “Form”.
    • In Chapter 2, a detailed list of information and documents that should be given by the promoter for RERA registration is explained.
    • Chapter 2 also sheds some light on other important topics like:
      • Disclosure by promoters of existing projects
      • Withdrawal of sums deposited in separate account
      • Grant or rejection of registration of the project
      • Extension of a project
      • Sale agreement
    • Chapter 3 of the draft is titled as “Real Estate Agent”. It lists the RERA Registration steps to be followed by Real Estate Agents. Some of the titles in this chapter include:
      • Application for registration by the Real Estate Agent
      • Grant of registration
      • Renewal of registration
      • Revocation of registration
      • Account maintenance
      • Other functions of a real estate agent
    • In Chapter 4, details of the information that has to be published on the authority website is listed. Some of the details are as follows:
      • Group profile of the developer
      • Promoter’s track record
      • Real estate project details
      • Registration and compliance details
      • Garage and apartment details
      • Details of the registered agents
      • Consultants
      • Location details
      • Development plan
      • Legal documents section
    • Real Estate Regulatory Authority is the sixth chapter in the draft which talks about how a chairperson can be selected, salary and allowance payable details, administrative powers of a chairperson, and other functions and powers.
    • In Chapter 9, one can read about offence and penalties. It also states how to file a complaint with an adjudicating officer.
    • Chapter 10 contains information about Budget and Report.
    • Page 21 contains the Agreement for Sale, Annexure A form and has all the forms listed below:
      • Form A- Application for Registration of Project
      • Form B- Declaration, Supported by an Affidavit
      • Form C- Registration Certificate Project
      • Form D- Rejection of Application of Project
      • Form E- Application for Extension of Registration of Project
      • Form F- Certificate for Extension of Registration of Project
      • Form G- Application for Registration of Real Estate Agent
      • Form H- Registration Certificate of Real Estate Agent
      • Form I- Rejection of Application for Registration of Real Estate Agent
      • Form J- Application for Renewal of Registration of Real Estate Agent
      • Form K- Renewal of Registration of Real Estate Agent
      • For L- Appeal to Appellate Tribunal
      • Form M- Complaint to Regulatory Authority
      • Form N- Application to Adjudicating Officer
      • Form O- Annual Statement of Accounts
      • Form P- Annual Report To Be Prepared By Regulatory Authority

      In 2017, the West Bengal Housing Industry Regulation Bill was passed by the State Assembly. RERA West Bengal is now all reared up to regulate the real estate sector in the state.

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