The violent upheaval felt in real estate last year. First, in Gurugram’s Chintels Paradiso, where living rooms of five flats collapsed, killing two residents, and then in Noida, where the Supertech twin towers were demolished on the orders of the government. Supreme court, The latter became a national spectacle, with every detail of the demolition the like of an absorbing reality show never attempted before in India. The dust has now settled, but there is no closure. Important questions remain to be answered on policies, procedures and remedial measures. We condensed them into 6Cs. A glance:
Agreement
Has the layout of your housing society changed since you bought the flat and studied its plan? Were you aware of this change? These were the questions at the center of the legal battle by the RWA of Emerald Court, the complex where the twin towers stand. The residents said they did not give consent and went to court.
Laws mandate that changes in layout require consent from a majority of buyers in a project, but the process has been dogged by a lack of transparency, with compliant administrators doing little to change it. . Complaints from buyers regarding non-consent keep reaching various legal forums. Earlier this year, the National Consumer Forum halted construction work on a tower in a housing project in Gurgaon, ruling that consent had not been taken, which was illegal. It was also observed that notices of developers on changes in layout plan were published in newspapers in other cities (Guwahati was one).
tie-up
Buyers have complained of a certain ambiguity about the area for decades – hidden costs, fine print, brochures on when a flat is delivered, etc. Today transparency has improved, and since 2016, there is Rare Inspected, but the fog has not lifted. The way development authorities and realtors work to promote each other’s interests rather than those of buyers is a significant contributing factor. For example, when it was hearing the Twin Towers case, the Supreme Court bench – which Justice DY Chandrachud, who has since taken over as the CJI, was part of a “collusion” and “an nefarious nexus” between the Noida authorities and the realtor. Last year, the state government commissioned a comprehensive CAG audit of Noida’s performance, which echoed the Supreme Court, finding a series of serious lapses in both policy and process. However, development authorities continue to work with the legacy structures. What has changed is the scrutiny on them from both the courts and the buyers. But it can’t be good for long. This is an area that needs immediate improvement
section
In the real estate lexicon, the most loaded term these days is FAR, which is an acronym for Floor Area Ratio, which basically decides how much you are allowed to build on a particular plot of land. FAR is a legitimate revenue source for governments and an essential tool for town planning. But the way it is allocated can be mysterious, as the case of the Twin Towers shows. Real estate policies keep changing with bye-laws being enacted and changed from time to time affecting various components of the process such as FAR. Therefore, trying to get to the root of a problem rooted in policy inconsistency means understanding the maze of bylaws. In an era of making everything easy, why not prioritize buyer ease and keep everything from policy to process on the government or RERA portal with an easy tracking mechanism?
Self-confidence
The NCR real estate market has not inspired confidence over the years. Housing projects running years behind their schedule while they would have liked Jaypee Infratech And Amrapali finds herself in lengthy court-monitored resolutions. For buyers, it’s a wait that seems endless. But the demolition of the twin towers shook the faith to a different dimension as it had all the procedural approvals. The process itself did not stand the test of judicial inquiry. The cave-in at Paradiso also shook faith in the process. The task of correcting this is in the hands of the state governments. Confidence will come when the process is clear and effective. Will go a long way in ensuring timely delivery of homes and providing single-window redressal to buyers for home-related complaints
certification
Is your new flat safe to live in? Are all the facilities available as promised? Are all lifts working? Is the fire protection system working properly? It’s only natural for you to have these questions about the place you’ll probably call home for the rest of your life. And it is the job of the realtor and the government to give you a transparent answer. But after the Chintels Paradiso Cave-In (pictured, above), the original faith in the one document that tells you it’s okay to move into a home – the certificate of occupancy, or OC – was shaken. The tragedy also sparked similar complaints of construction defects in scores of other societies, resulting in the formulation of structural audit policies in both Gurgaon and Noida. But when an audit mechanism is assured, the question of how to bridge the gap in the process of issuing OCs remains to be answered.
cleanliness
The UP government’s decision to table the CAG report on Noida in the state assembly was a statement of intent. It also actively formed a sit And set up an inquiry after the Supreme Court directed prosecution of officials who facilitated the twin towers. The CAG was shouting. “The audit found significant lapses in the policies…failures were noticed at the level of the Noida Board, its management and officers,” it said. The state is yet to come out with a roadmap for reforming the Noida Authority. In Haryana, the role of officials in the town and country planning department has been repeatedly questioned by buyers.
Agreement
Has the layout of your housing society changed since you bought the flat and studied its plan? Were you aware of this change? These were the questions at the center of the legal battle by the RWA of Emerald Court, the complex where the twin towers stand. The residents said they did not give consent and went to court.
Laws mandate that changes in layout require consent from a majority of buyers in a project, but the process has been dogged by a lack of transparency, with compliant administrators doing little to change it. . Complaints from buyers regarding non-consent keep reaching various legal forums. Earlier this year, the National Consumer Forum halted construction work on a tower in a housing project in Gurgaon, ruling that consent had not been taken, which was illegal. It was also observed that notices of developers on changes in layout plan were published in newspapers in other cities (Guwahati was one).
tie-up
Buyers have complained of a certain ambiguity about the area for decades – hidden costs, fine print, brochures on when a flat is delivered, etc. Today transparency has improved, and since 2016, there is Rare Inspected, but the fog has not lifted. The way development authorities and realtors work to promote each other’s interests rather than those of buyers is a significant contributing factor. For example, when it was hearing the Twin Towers case, the Supreme Court bench – which Justice DY Chandrachud, who has since taken over as the CJI, was part of a “collusion” and “an nefarious nexus” between the Noida authorities and the realtor. Last year, the state government commissioned a comprehensive CAG audit of Noida’s performance, which echoed the Supreme Court, finding a series of serious lapses in both policy and process. However, development authorities continue to work with the legacy structures. What has changed is the scrutiny on them from both the courts and the buyers. But it can’t be good for long. This is an area that needs immediate improvement
section
In the real estate lexicon, the most loaded term these days is FAR, which is an acronym for Floor Area Ratio, which basically decides how much you are allowed to build on a particular plot of land. FAR is a legitimate revenue source for governments and an essential tool for town planning. But the way it is allocated can be mysterious, as the case of the Twin Towers shows. Real estate policies keep changing with bye-laws being enacted and changed from time to time affecting various components of the process such as FAR. Therefore, trying to get to the root of a problem rooted in policy inconsistency means understanding the maze of bylaws. In an era of making everything easy, why not prioritize buyer ease and keep everything from policy to process on the government or RERA portal with an easy tracking mechanism?
Self-confidence
The NCR real estate market has not inspired confidence over the years. Housing projects running years behind their schedule while they would have liked Jaypee Infratech And Amrapali finds herself in lengthy court-monitored resolutions. For buyers, it’s a wait that seems endless. But the demolition of the twin towers shook the faith to a different dimension as it had all the procedural approvals. The process itself did not stand the test of judicial inquiry. The cave-in at Paradiso also shook faith in the process. The task of correcting this is in the hands of the state governments. Confidence will come when the process is clear and effective. Will go a long way in ensuring timely delivery of homes and providing single-window redressal to buyers for home-related complaints
certification
Is your new flat safe to live in? Are all the facilities available as promised? Are all lifts working? Is the fire protection system working properly? It’s only natural for you to have these questions about the place you’ll probably call home for the rest of your life. And it is the job of the realtor and the government to give you a transparent answer. But after the Chintels Paradiso Cave-In (pictured, above), the original faith in the one document that tells you it’s okay to move into a home – the certificate of occupancy, or OC – was shaken. The tragedy also sparked similar complaints of construction defects in scores of other societies, resulting in the formulation of structural audit policies in both Gurgaon and Noida. But when an audit mechanism is assured, the question of how to bridge the gap in the process of issuing OCs remains to be answered.
cleanliness
The UP government’s decision to table the CAG report on Noida in the state assembly was a statement of intent. It also actively formed a sit And set up an inquiry after the Supreme Court directed prosecution of officials who facilitated the twin towers. The CAG was shouting. “The audit found significant lapses in the policies…failures were noticed at the level of the Noida Board, its management and officers,” it said. The state is yet to come out with a roadmap for reforming the Noida Authority. In Haryana, the role of officials in the town and country planning department has been repeatedly questioned by buyers.