The Gurugram bench of H-RERA clearly stated that all real estate projects including the unregistered ones also fall under the RERA Act [Real Estate Regulation and Development Act]. Haryana RERA is headed by KK Khandelwal and a senior official of the department said that this Act will initiate the scope of adjudication in the property market and it is also nullified dilution of the act’s provisions by the state.
The RERA Act 2016, does not state that the rule is only applicable for the registered projects and thus all real estate projects fall under the law particularly to provide cover for land title defect liability.
The Gurugram bench of Haryana RERA said that the Real Estate Regulation and Development Act has predefined categories of projects which are not required to get registered under the Act but can be kept under the vigil of a RERA bench. Section 3(2) of the Act states that projects covering > 500 sq.meter land and limited to eight units are not required to complete the registration procedure under the RERA Act.
The homebuyers are on the beneficial side due to this as they can approach RERA bench in case they find any defect in the structuring of their unit soon after availing the possession. Also, many homebuyers have raised voice against faulty units under the same law. The RERA Act also holds a developer/builder responsible for any structural defect for five years from the time of construction completion and thus offers relaxation to the homebuyers for defect liability.
H-RERA’s Gurugram bench also stated to consider all real estate projects registered under the Act irrespective of whether the developer promotes the project in the property market after construction completion or while the project is under construction.
Until the introduction of RERA Act, the projects seeking OC [Occupancy Certificate] or CC [Completion Certificate] were said to be registered. But, now with the implementation of the RERA Act, the application to obtain these certificates from the authority is different from that of project registration.