Flaws in Guwahati Building Bye Laws need correction: Tribunal

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GUWAHATI, June 2 (PTI): The Assam Real Estate Appellate Tribunal (REAT) on Thursday called for plugging some lacunae in the Guwahati Building Byelaws of 2014 to protect the interests of home buyers.

Delivering its judgement on two appeals filed by three entities against the Real Estate Regulatory Authority (RERA), the Assam REAT pointed out that the byelaws of 2014 are “absolutely silent” about the role of the competent authority in certifying the completion report.

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The completion report is mandatorily required to be submitted by builders in prescribed formats. Without such certification by the Authority, deviations from the sanctioned plans and layout plans, if any, will go unnoticed, it added.

The judgement, pronounced by Assam REAT chairperson Justice (Retd) Manojit Bhuyan and Member Onkar Kedia, also said that this may cause prejudice to home buyers and may have far-reaching adverse consequences insofar as home buyers are concerned.

“The Tribunal also noted that in the Guwahati Building Bye Laws of 2014, there is no format prescribed for issuing Occupancy Certificates by the Authority concerned. This also needs to be addressed by the appropriate authority,” Assam REAT said in a statement.

In the same judgement, the Assam REAT asked the RERA, Assam, to remove difficulties faced by builders in registering their ongoing projects.

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“As per the Real Estate (Regulation and Development) Act, 2016, the projects that were ongoing on the date of commencement of the Act and for which completion certificate had not been issued required to be registered with the RERA,” it added.

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