Guwahati: The Assam Real Estate Appellate Tribunal (REAT) has ruled that a housing project does not need to be registered if it receives a certificate of occupancy or is deemed to have acquired permission before August 1, 2017.
The verdict was given by the court while deciding an appeal filed by Saraighat Builders Pvt Ltd against the decision of the Real Estate Regulatory Authority (RERA), Assam.
The order was passed by Justice (retd) Manojit Bhuyan, chairman, Assam REAT and Onkar Kedia, member, Assam REAT on Monday.
According to Section 3 of the Real Estate (Regulation and Development) Act of 2016, promoters of real estate projects, which are ongoing on the date of this act and have not been issued with completion certificates, are required to submit an application. to the relevant RERA for registration of projects within three months from the date of the Act.
In Assam, Section 3 of the Real Estate (Regulation and Development) Act, 2016, came into effect from May 1, 2017. Therefore, an ongoing project is required to make an application to RERA Assam for registration within three months (until August 1, 2017).
In the case of Saraighat Builders Pvt. Ltd, RERA Assam has held that the company has applied for occupancy certificate as part of their project ‘Radha Niketan’ on June 30, 2017.
Since the project was ongoing on May 1, 2017, it was required to be registered. After that, RERA Assam imposed a fine of Rs 2, 50,000 on the violating promoter and ordered him to apply for registration of the project.
“While deciding on the appeal against the order, the court said that before starting the registration process within three months, the project concerned or a part of it should get a certificate of occupancy or if it is deemed to be the occupation of the building was approved, that part of the project/building is considered completed and does not require registration,” said an official statement issued here.
Setting aside the RERA order, Assam, the court held that the appellant’s real estate project did not require registration, as it received approval within the three-month window (before August 1, 2017).
“The court further clarified that the date of termination of obtaining residence certificates should be August 1, 2017, and not May 1, 2017, which will take its place within the adaptation permit,” she said.
As per Guwahati Building Construction Act, 2010 and Guwahati Building Construction Act, 2014, only ‘occupancy certificate’ and not ‘completion certificate’ can be issued by the concerned civic authority.
Further, as per the Guwahati Building Construction Act, 2010, if the work is not inspected and an occupancy certificate is not obtained or rejected within 21 days from the date of receipt of the completion certificate by the owner, it shall be considered. That permission is presented, allowing the occupation of the building concerned.
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