If The OC Is Delayed, UPRERA Should Hand Over The Units To The Buyers
To put pressure on the authorities to operate within strict timelines. The Uttar Pradesh Real Estate Regulatory Authority (UPRERA) announced that if the Occupancy Certificate (OC) is delay beyond the specified time. Unit possession must be deliver to buyers with all necessary amenities. The implications of the ruling and the effectiveness of UPRERA in resolving homebuyers’ complaints.
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According to a directive from the Uttar Pradesh Real Estate Regulatory Authority (UPRERA), if the occupancy certificate (OC) is still being approve after seven days, the apartment owners must take possession. The scenario will be regard as approval by the authority.
How successful has UPRERA been in settling issues involving homebuyers?
Over 47,000 complaints were file with the organisation between 2017 and 2022, according to UP-RERA. And nearly 90% of them were resolve. More than 75% of these complaints came from people in the Noida, Ghaziabad, & Greater Noida areas of the National Capital Region (NCR).
The authority added that there were over 45,000 complaints against the builders, 500 complaints against the allottees, & about 200 complaints against real estate advisors. Homebuyers clarified the situation by stating that UPRERA is able to demonstrate a significant number of complaint resolutions since it considers a case to be close after an order has been issue. These orders are frequently not carry out since the authority lacks the jurisdiction to issue directives. Which adds to homeowners’ dissatisfaction.
What does the RERA say about owning property?
It should be noted that the promoter is required under Section 11 (4) (b) of the Real Estate (Regulation & Development) Act, 2016 (RERA) to get an Occupancy or Completion Certificate (CC) from the appropriate authorities, as the case may be. After receiving a developer’s notification that the project has been complete. The authority must decide within seven days or notify the developer of any defects.
What is UPRERA’s stand on the issue?
The property must have the required utilities, including electricity, water, and sewage, as well as other internal infrastructure, like roads, & certificates of electrical safety, fire safety, structural engineering, as well as the installation and safety certificate for the lifts, according to Abrar Ahmed, a former secretary of UPRERA. If an application for these certifications and a completion certificate is submit. And the file is not reject during the next seven days. The authority will consider the application to have been approve. The promoter will be given further instructions by the authority to execute the sale or sublease deed. And turn over ownership of the property to the owners.
What response did the decision receive from the homebuyers?
Although the ruling appears to help flat renters who have been waiting to move in. It will allow developers to hide their wrongdoing. First off, it appears difficult to get the CC/OC within seven days. Homebuyers will be force to accept ownership if the authorities do this, otherwise they would be force to pay interest. But in the event that they do this, the odds of unwarranted examination are great.
The authorities might wish to rethink their position given that UPRERA is working to give parties who have been wronged a swift settlement. But hasty decisions aren’t always wise.
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