UPRERA: Give units to purchasers if OC is postponed!

According to a directive from the Uttar Pradesh Real Estate Regulatory Authority (UPRERA), unit owners who have their occupancy certificates (OCs) delayed for more than seven days would be given possession. The scenario is regarded approved by the authority.

How successful has UPRERA been in resolving issues involving homebuyers?

According to UP-RERA, the organisation received over 47,000 complaints between 2017 and 2022, with the authority addressing nearly 90% of them. Over 75% of these complaints came from residents of the National Capital Region (NCR), which includes Noida, Ghaziabad, and Greater Noida.

The authorities also reported that over 45,000 complaints were lodged against builders, 500 against allottees, and roughly 200 against real estate advisors. Homebuyers commented that UPRERA is able to display a high number of complaint resolutions because it deems a matter resolved once an order is issued. Because the authority lacks directive powers, these instructions are frequently ignored, adding to homebuyers’ dissatisfaction.

What is the RERA’s position on property ownership?

To clarify, Section 11 (4) (b) of the Real Estate (Regulation and Development) Act, 2016 (RERA) requires the promoter to get an Occupancy or Completion Certificate (CC) from the appropriate authorities. Following the developer’s notification of project completion, the authority must make a decision within seven days and notify the developer of any flaws, if any. 

What is UPRERA’s position on the matter?

According to Abrar Ahmed, Former Secretary of UPRERA, the property must have basic utilities such as power, water, wastewater, and other internal infrastructure such as roads, as well as certifications of electrical security, fire protection, building engineering, and lift installation and safety. If these certifications are submitted with a completion certificate application and the file is not rejected within seven days, the authority will consider it approved. The authorities will then instruct the promoter to execute the sale or sub-lease deed and give the owners ownership of the property.

What is the reaction of the homebuyers to the decision?

While the ruling appears to help consumers who have been waiting for their flats, it will allow developers to cover up their mistakes. To begin, acquiring the CC/OC within seven days seemed difficult. However, if the authorities do so, the odds of unwarranted examination are considerable, and homeowners will have little choice except to take possession or pay interest.

With UPRERA attempting to offer a prompt response to unhappy parties, the authority may wish to reassess their position, since swift choices are not always prudent.

Disclaimer: The views expressed above are for informational purposes only based on industry reports and related news stories. PropertyPistol does not guarantee the accuracy, completeness, or reliability of the information and shall not be held responsible for any action taken based on the published information.

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