The Real Estate Bill & How to Buy a New Home!

After a long wait and lot of deliberations, the Real Estate Regulatory Bill has finally been passed by the Parliament. This will now be sent to the President for final approval and to be turned into a law following which the states will be expected to make their own state-level regulatory bodies as per the law.

This can most easily be called the single-most transformative decision to have happened when it comes to real estate sector in the country. Not only for the buyers, but also for the developers, this is a historic step.

So how is it going to affect the developers’ world and the buyers’ world?

Benefits for Buyers:

  • The builders cannot start a project without getting necessary requirements from the concerned authorities. Failure to do so and advertise the project with flashy advertisements to lure the customer and not delivering as per the promise can lead to penalties and even imprisonment. This, at the moment, also covers the projects under-construction.
  • Developers will have to adhere to the strict delivery guidelines and any delay in delivery of the project will result in fines and penalties.
  • Developers have to keep aside 70% of the collections from buyers in an escrow account to cater to the construction of the project for which funds are collected and they can’t divert these funds elsewhere.
  • For non-compliance with the regulations mentioned in the bill, the developer as well as the broker/agent will be held liable and punishable under the law.
  • The quoted price of the project will now be on the basis of carpet area instead of super-built up area.

Benefits for Developers:

  • Brings transparency and better regulation for serious players o Investment in the sector as trust deficit reduces between financial institutions and developers.
  • Developers with a short term objective will have a tough time to survive Impact on New Buyer No doubt this bill has given a ray of hope to all buyers, past and present.
  • Given the state of real estate sector in the past couple of years with sales slowing down and prices reaching new bottoms, there is an assumption to wait further for this bill to become a law and then make the decision to buy.

However, there are certain things to be kept in mind while making the decision in the backdrop of real estate bill:

  • There will be time taken before the bill becomes a law and becomes effective in each and every state.
  • The prices will start rising this year owing to economic development in the country.
  • Builders’ lucrative deals to clear unsold stocks are one of the best in a long time. No guarantee they will last forever!
  • Owing to the clause in the bill about 70% fund to be kept away in escrow accounts, the cost of developing a project will rise further and builders are going to pass on that cost to customers. This mean further rising of prices.
  • It is of utmost importance to do a background check on the builder and the project details to see if all necessary permissions are in place and if paper work is in order.
  •  This bill will ensure that no builder will try to conduct business in an inappropriate manner and those who have, will have to do a course correction Keeping these factors in mind, make an informed decision about buying your house.

Things to Consider by New Buyer:

  • The real estate bill is definitely going to be a boon for you, but the onus still lies on you to do a diligent research about the project.
  • Analyse your own financial health and spending capacity before buying a new house on loan. Don’t over-spend or take a loan that exceeds your income generating capacity.
  • The responsibility will still be yours of physically checking the place before signing the purchase agreement. You can only claim damages if what was shown to you is different and of low quality from what you’re sold.
  • Do employ an established consultant , but take time out to go through all the documentation on your own or with your trusted aides/legal help before signing the papers.
  • Any dispute at a later stage can be taken to the real estate tribunal, but it will be a fair play out there. If the builder can prove that you have delayed on payments or have not fulfilled your side of the commitment, the tribunal can punish you as well.
  •  Do understand that this new bill will revolutionize the real estate sector of the country. The way business has been done till now will change drastically.

Only serious players will remain and the fraudsters will be eliminated over a period of time. However, a lot will depend on the effective and timely implementation of this bill in each and every state. This bill can single-handedly make the real estate sector on par with global developed markets that are evolved and mature in terms of investments and buyers’ trust. The ball has been set in motion. It can only move in positive direction from here.

Written by Ashwinder Raj Singh, CEO – Residential Services, JLL India

E-Registration: A Major Step Towards Real Estate Market Transparency

The most frequently-occurring type of disagreement in Indian real estate is land dispute. Cases range from of illicit land grabbing and illegal land sales to instances of purchase of land where no actual purchase has taken place – to name just a few.

The real estate market has historically been plagued by such issues, and the current government’s initiative of facilitating e-registration to streamline the registration of immovable properties is an extremely progressive move which has been universally welcomed for its transparency and ease of use.

E-registration has simplified the process for providing evidence of titles and facilitating transactions, and will go a long way in preventing the unlawful disposal of land. This online registration system effectively put paid to the various underlying problems and loopholes in the traditional land registration process, based on the Land Registration Act of 1925, which typically involves Powers of Attorney, sale or mortgage of land and transfer of property under rent.

The Land Registration Act of 2002 introduced this new system using verified electronic signatures to transfer and register immovable property online.

The All-Important Tree Of Ownership

If a piece of land has been passed on for generations or has seen multiple owners over time, a proper hierarchy of land holding needs to be available so that current buyers or tenants can ascertain the exact value of land or the rent according to current market values.

This is possible only when there is complete transparency in document verification and full disclosure of details about the property – gross carpet area, number of rooms, foundation details and wiring blueprints. Nothing should be hidden from the future investor/buyer. E-registration has provided a much-needed level of transparency to property dealings.

The Role Of A Broker After e-Registration

Does e-registration also negate the need for a real estate broker? This is a fair question. While all details of the property may be available online, this may not be enough information to make a firm investment decision. The question of whether a particular property, regardless of how many details are available online, makes good investment sense in light of many other options can only be answered by a knowledgeable consultant. The fees a broker will charge are definitely reduced by e-Registration, but a broker is still required – not only to provide inputs on the advisability of the investment proposition, but to mediate between the involved parties and help negotiate the price.

E-registration Procedure In Urban And Rural Areas

Since property in both urban and rural areas property comes under the jurisdiction of the same State Government and both types of areas are managed under a Tehsil (aka taluka or mandal) the e-registration of property (housing or commercial rental) is fairly similar. The process will only differ if the land is vacant or occupied (built upon). For vacant land, valuation is done at current market price while for occupied land (with built-up properties like shops, flats, cottages, etc.) it is done on the market price as well as the gross investment utilized by a building. For instance, a single-storied house will be valued higher than a multi-storied house if it is a prime location. Otherwise, the latter commands a higher valuation. Also, leases of immovable property in urban areas command a higher stamp duty (6%), while in rural areas it is lower (5%).

Benefits of Land e-Registration

The usual resource challenges at Registrar offices are reduced drastically, allowing them to tend to more sensitive matters like disputes. Consumer pays a registration amount which is relatively affordable. There is no longer any need to visit different offices to register a property The details and documents pertaining to land records can be accessed online at any time. Transparency in the registration process increases significantly, thereby also rationalizing broker fees and negating the need for bribes to officials The software calculate the stamp duty on the basis of the stored data, and the duty can be paid online A state-of-the-art system will reveal the current market price of any land located at any location within the State

How To e-Register Land

The procedure of doing e-Registration of land is simple. The land registration and application form can be either downloaded online or obtained from the concerned authority’s office in the state. After the verification of form details and the related documents of the concerned person, the land is registered in a matter of days, and this marks the completion of the registration process and establishing the full-accredit ownership of the property.

Safety Of E-registration Of Land

E-registration is pretty safe. Hackers can do nothing to compromise documentation, as they do not have access to the papers owners hold relating to their land, such as transfer of Power of Attorney, land purchase deed or wills of deceased person who were entrusted with the protection of the property. Also, since most government servers are SSL encrypted with multiple layers of security and a personalized login system, it is not easy to hack consumer’s details.

However, to check the authenticity of the buyers and sellers, it is always best to consult a professional real estate consultant who has proper knowledge about the sector. Efficient background research is always the crux of any good and profitable land deal. It is important to establish that a land’s claim is retained by the owner, and that there is no scope for the land mafia or government to contest it.

Also, before signing a deal, it is always advisable to visit the site at least twice (giving a gap of a few months) in the presence of the seller or buyer in order to verify overall authenticity.

Where Is E-Registration Already Being Used?

States such as Kerala, Orissa, West Bengal, Karnataka, Tamil Nadu, Rajasthan, Jharkhand, Sikkim, New Delhi, Maharashtra, Madhya Pradesh, Punjab and Chhattisgarh have the facility in force since as long as the 1990s. Such states have developed the Common Services Centre (CSC) Scheme where all registrations are verified.  These CSCs cover almost all the rural and urban areas.

What About Old Property?

For older property, the process is simple. Consumer need to register the following documents: Power of Attorney (sale, transfer, hold or deconstruct). Non-testamentary instruments which purport directly to or operate to create, declare or assign any right, title or interest of the value of one hundred rupees and upwards, to any kind of immovable property (inherited land). Non-testamentary instruments which acknowledge full receipt of payment of any consideration on the transfer of ownership to a new owner.

What Do Real Estate Experts Say?

Real estate experts are in favour of registration of land, especially e-registration, since it helps them to focus on larger projects. Since e-registration adds transparency to the nation’s real estate, it also adds credibility to each real estate agents’ and expert’s credentials. It helps to secure deals that will not land up in legal troubles, since non-registration can lead to significant legal trouble.

Overall, one should always register (or e-register) their land dealings and purchases to add a credible name to the entire holding or immovable property comprised therein at that space of land. In cases where there is a need to confer any kind of power – especially in patriarchal or commercial holdings – land registration helps the government to ascertain the rightful owner and avoid family feuds.

Also, e-registration helps in quickly producing evidence of any transaction that affects the property or confers special powers to an individual or firm. It pays to remember that a land owner does not exist in the eyes of the government unless the land has been registered. To avoid the risk of personal land being impounded, it makes sense to register all the land documents online today at the respective State’s online website.

Ashwinder Raj Singh, CEO – Residential Services, JLL India

Time to Go Green !! Experts tell us why the country’s solar revolution needs the involvement of developers?

A recent JLL report points out that even though the upfront cost of installing a solar system is on the higher side, it pays off in the long run. Ashwinder Raj Singh, CEO, Residential Services, JLL India, says a rooftop solar system will cost approximately Rs. 1 lakh per KW.
Read the entire coverage below:
‪#‎SolarSystem‬ ‪#‎GreenHomes‬ ‪#‎SolarPanels‬ ‪#‎SolarRevolution‬

http://www.thehindu.com/features/homes-and-gardens/the-countrys-solar-revolution-needs-the-involvement-of-developers-and-not-just-a-few-enthusiastic-individuals/article7539848.ece

 

Real Estate Bill Passed, brings transparency to the Sector.

The much awaited ‪Real Estate Bill‬ brings in “Good News” for both Buyers & Developers, also offers more transparency to the Sector!!

Below are the Highlights:

NEW DELHI: Here are 10 things you should know about this bill, touted as a “key reform measure” in the vast real estate sector.

1) It establishes the State Real Estate Regulatory Authority for that particular state as the government body to be approached for redressal of grievances against any builder. This will happen once every state ratifies this Act and establishes a state authority on the lines set up in the law.

2) This law vests authority on the real estate regulator to govern both residential and commercial real estate transactions.

3) This Act obliges the developer to park 70% of the project funds in a dedicated bank account. This will ensure that developers are not able to invest in numerous new projects with the proceeds of the booking money for one project, thus delaying completion and handover to consumers.

4) This law makes it mandatory for developers to post all information on issues such as project plan, layout, government approvals, land title status, sub contractors to the project, schedule for completion with the State Real Estate Regulatory Authority (RERA) and then in effect pass this information on to the consumers.

5) The current practice of selling on the basis of ambiguous super built-up area for a real estate project will come to a stop as this law makes it illegal. Carpet area has been clearly defined in the law.

6) Currently, if a project is delayed, then the developer does not suffer in any way. Now, the law ensures that any delay in project completion will make the developer liable to pay the same interest as the EMI being paid by the consumer to the bank back to the consumer.

7) The maximum jail term for a developer who violates the order of the appellate tribunal of the RERA is three years with or without a fine.

8) The buyer can contact the developer in writing within one year of taking possession to demand after sales service if any deficiency in the project is noticed.

9) The developer cannot make any changes to the plan that had been sold without the written consent of the buyer. This puts paid to a common and unpopular practice by developers to increase the cost of projects.

10) Lastly, every project measuring more than 500 square metres or more than eight apartments will have to be registered with the RERA.

JLLIndia‬, international property consultancy, is to foray into e-commerce to market residential real estate.

‪‎JLLIndia‬, international property consultancy, is to foray into
e-commerce to market residential real estate.

“In line with JLL’s strong emphasis on ethics and accountability, the process will also involve conducting due diligence of the projects before listing the properties on the ecommerce platform,” says Ashwinder Raj Singh, CEO – residential services at JLL India.
Read the full article published in ‪#‎EconomicTimes‬ below:

Property consultancy JLL launches platform to sell homes online