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BangaloreHome buyers demand that Karnataka Real Estate Regulatory Authority (k-rare) not deviated from the rules relating to occupancy certificate (OC). they request that the k-rare Do not allow or facilitate civic bodies to issue partial occupancy certificates to builders.
According to Karnataka Home Buyers Forum Director Dhananjay Padmanabhachar, an important reason Rare Karnataka has failed to provide justice to home buyers, dilution of RERA Act 2016 and wrong definition of RERA rules. “Some of the significant deviations that we have noticed are with regard to the formation of the OC and the association of the allottees.
The RERA Act recognizes occupancy certificates, while RERA Karnataka introduced partial OCs,” said Dhananjay Padmanachar.
He said that the Act speaks about formation of association of allottees, and the expectation was that the rules would define under which Act the association of allottees should be formed.
“Due to these two critical loopholes in the rules, home buyers in Karnataka have been badly affected. Till the OC is received, the maintenance of the apartment has to be done by the promoter himself. But due to the introduction of partial OC in RERA rules, promoters are passing on their responsibility for maintenance to flat owners,” he said.
He said that K-RERA rules regarding formation of allottee association are not clear. “The builders are not following Section 17 of the Act. It states that the common areas need to be shifted to the allottees by executing transfer deeds,” he said.
Navy veteran Commander Surendra also expressed a similar opinion. “Builders get approved plans from authorities to construct three to four towers (in three to four phases) of apartment complexes, but obtain partial occupancy certificates without completing the entire project. We cannot expect a builder to complete all the four phases (towers) at once, but he has to get the OC only after completing the entire project. This will provide home buyers the convenience of availing facilities like gym, piped water,” he said.
On June 3, 2022, the Union Housing and Urban Affairs Secretary wrote a letter to the Chief Secretaries of the States to submit a comparative report on the dilution of regulations by RERA of the respective States. Last August, the Supreme Court asked all state governments to respond to the deviations/differences pointed out in the implementation of the RERA Act 2016 and the relevant rules in their jurisdiction.
Meanwhile, Hemvati R, Under Secretary (RERA), Housing Department, said, “We have sent a reply to the Central Housing Department saying that the state government is considering an amendment to the K-RERA Act related to the partial occupancy certificate issue. “
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