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Homebuyers in Karnataka, India are urging the Karnataka Real Estate Regulatory Authority (K-RERA) to adhere to the rules relating to the occupancy certificate (OC). The K-RERA is being urged not to allow civic bodies to issue partial occupancy certificates to builders. According to the Karnataka Home Buyers Forum Sanchalak Dhananjaya Padmanabhachar, the dilution of the RERA Act 2016 and incorrect definition of RERA rules are the reasons why RERA Karnataka has failed to provide justice to homebuyers.
The Act recognises the Occupancy Certificate, but RERA Karnataka introduced the Partial OC. Homebuyers argue that until the OC is obtained, the maintenance of the apartment is supposed to be handled by the promoter themselves. However, the introduction of Partial OC in RERA rules has resulted in the promoters passing on their responsibility for maintenance to flat owners.
Padmanabhachar also pointed out that the K-RERA rules concerning the formation of allottees association are not clear. The builders are not following Section 17 of the Act, which states that the common areas need to be transferred to the allottees association by executing conveyance deeds. Naval Veteran Commander Surendra echoed Padmanabhachar's view, stating that builders obtain a plan sanctioned from the authorities to construct three to four towers in phases of the apartment complex but get a partial occupancy certificate without completing the entire project.
The Union Housing and Urban Affairs Secretary wrote a letter on June 3, 2022, to the Chief Secretaries of States, asking them to submit a comparison report on the dilution of rules by the RERAs of the respective states. In August 2022, the Supreme Court asked all state governments to reply to the deviations/variations pointed out in the implementation of the RERA Act 2016 and corresponding rules in their jurisdiction.
Meanwhile, Housing Department Under Secretary (RERA) Hemavathy R has stated that the state government is considering amending the K-RERA Act concerning the partial occupancy certificate issue. Homebuyers are calling for the K-RERA to take a firm stance on this issue to ensure that their interests are protected.
This story was first published in ET Realty
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