OdishaPlus Bureau
- Builders will be responsible for the maintenance of the project until society is built.
- ORERA directs the builders by giving user opinion.
- What is the role of ORERA?
- What is Occupancy Certificate and why is it necessary?
- Real Estate business should be clean, regulated and user-friendly
The maintenance of houses purchased by any customer in the Real Estate Project who doesn’t have an occupancy certificate will be done by the builders until any Registered Society is formed. This historical judgement is passed by the Odisha Real Estate Regulatory Authority (ORERA) reviewing a complaint issued from a Housing Society located in Sundarpada, Bhubaneswar.
RERA court has formed this opinion focusing on the Real Estate Regulation and Development Act 2016 (RERA ACT-2016) Section 11(4)(B) and Section 11(4)(E).
According to the RERA laws, until the registered societies are formed, apart from the upkeep of the project, the builders are required to provide basic amenities to the residents as well and also expect a minimal income from the residents in return.
Entire Builder Organization has been notified that a judgement of this kind has been made for the first time for buying a living place. It has also been brought into notice from ORERA that a decision will be made very soon.
What is Occupancy Certificate and why is it necessary?
After the completion of formation of any Real Estate Project, builder or promoter has to get the Occupancy Certificate from the respective Development Authorities. Herewith the Development Authority will declare if the builder project is beneficiary or not.
Prior to every project approval, the builders have to submit to the Development Authority a detailed plan about the construction. According to the laws proposed by the Government, this plan has to be approved by the Development Authority. Under this project, each plan has been detailed relating to the buildings, roads, electricity connection, fire evacuation program, community area (community hall, office, gym, swimming pool, parking, etc) and open space (park, lawn, etc).
The development authority should give the Occupancy Certificate to the empanelled Builders’ Organization for any project after deliberating if the project has been implemented according to the plan. The Development Authority has to review if the requested plan is found faulty. The project should be done according to the laws made by the government. Reviewing the above mentioned subjects, the ones who receive the occupancy certificate are declared to be behavior considerate.
Hence after every Real Estate project, it is mandatory for every builder to bring the occupancy certificate. According to the lawful responsibility, every buyer has to produce a certificate.
Be it residential or commercial, the occupancy certificate would prove that every building or house should is therefore behavior considerate and harmless. The way the owner carefully keeps the documents of the patch of land bought, the same way one should responsibly keep the occupancy certificate as it is equally important. Safe keeping is necessary else further sale of the land will be difficult for the owner.
Many a times, builders are irresponsible while getting the Occupancy Certificate. But the new laws state that they will be liable for it. It is expected that judgement of ORERA in these matters is like path finder.
What is the role of ORERA?
Real Estate and Development Act 2016(RERA ACT-2016) has been laid down in India, building control over the field of Real Estate and safe-keeping of the customer’s interest is taken into consideration. On 1st of May, 2017 this law was laid down officially and was operational, this was followed in various states, RERA Authorities have been formed. In Odisha, ORERA has been operational since 7th of October, 2017.
Retired IFS Officer Siddhant Das is presently serving ORERA as the Chairman. Similarly, retired IAS Officer Pradeep Biswal is serving as an administrative member whereas retired judge Ramanath Panda is now working as a judicial member on management of various cases. ORERA office is at Toshali Bhawan, Satyanagar in Bhubaneswar.
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