BENGALURU: SOON, GET YOUR BUILDING PLAN APPROVED ONLINE

BENGALURU: SOON, GET YOUR BUILDING PLAN APPROVED ONLINE
Source --Bangalore Mirror Bureau | Updated: Mar 20, 2018, 03.00 AM IST--http://bangaloremirror.indiatimes.com/bangalore/others/bangalore/others/bengaluru-soon-get-your-building-plan-approved-online/articleshow/63370587.cms










By Manoj Sharma

After a long delay, BBMP has finally introduced its Automatic Building Plan Approval System (ABPAS) which will allow property owners to get the building plan approved by the local civic authority without visiting the BBMP offices. 

This portal will be open to public from April 1. Property owners may apply for building plan approval online and get an approval without visiting BBMP offices. BBMP plans to issue commencement certificate and occupancy certificate via the web portal. BBMP Chief N Manjunatha Prasad said, “This system will ultimately save time and the public will not have to visit BBMP’s office with their documents. This will reduce the delays for both BBMP and public.” 

How to apply

Property owners will have to submit an application on BBMP’s portal. They will have to upload the documents and drawings of the building and then proceed to pay online. Once the documents and drawings are uploaded, BBMP will scrutinise and verify the documents.

Commencement certificate

Applicants must apply for a commencement certificate (CC) before going ahead with the construction above ground level. 

To apply for a commencement certificate, the architect/engineer has to login to their console and go to ‘apply for commencement certificate’. 

For a proposal applied through online ABPAS, one has to enter the ABPAS file number and click proceed. Then one has to upload the photos of all sides of the building and click submit. Payment of commencement certificate fee depends on the plinth area of the building and the stage of construction.

Occupancy certificate

After completion of construction, the applicant must apply for an occupancy certificate (OC) before moving in. To apply for an occupancy certificate, the architect/engineer in charge of the project has to login to their console and go to ‘apply for occupancy certificate’ section. 

The owner must upload the required documents and click submit. Payment depends on the percentage of deviation against the sanctioned plan, not exceeding five per cent deviation.

JP Wish Town issues

Jaypee Wish Town: Homebuyers of Jaypee Wish Town project must get their flats or their money: Supreme CourtPTI|http://economictimes.indiatimes.com/wealth/personal-finance-news/homebuyers-of-jaypee-wish-town-project-must-get-their-flats-or-their-money-supreme-court/articleshow/60926350.cms?utm_source=twitter.com&utm_medium=social&utm_campaign=ETTWWealth

Updated: Oct 03, 2017, 06.39 PM IST
 
The Supreme Court today observed it wanted to help these investors who must get their flats or their money refunded.


NEW DELHI: Moved by the plight of homebuyers who have not been given the possession of flats despite paying money to builders, the Supreme Court

today observed it wanted to help these investors who must get their flats or their money refunded.

A bench headed by Chief Justice Dipak Misra said this while hearing a plea by over 40 homebuyers of Jaypee Wish Town project at Noida in Uttar Pradesh who have challenged certain provisions of the Insolvency and Bankruptcy Code, 2016.

The apex court, however, said it does not want to have more litigations in such matters.

"We want to help the homebuyers but not litigation," the bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, said.

"We want that homebuyers must get their flats or their money," the court said.

The bench told petitioner's counsel Rashid Saeed that it has already appointed senior advocate Shekhar Naphade as an amicus curiae in the matter pertaining to the insolvency proceedings against real estate major Jaypee Infratech Ltd.


It asked Saeed to file an application for impleadment as a party in the pending insolvency proceedings matter.

The petitioner's counsel said these homebuyers had booked the flats in 2013 and were scheduled to get the possession last year itself.

He said the flats have not been handed over to these buyers despite the fact that they have paid bulk of the amount for the property.

The apex court had on September 11 revived the insolvency proceedings against Jaypee Infratech Ltd and given its management control to the Interim Resolution Professional (IRP), appointed by the National Company Law Tribunal, with immediate effect.

It had restrained the managing director and directors of the company from travelling abroad without permission and asked its parent company, Jaypee Associates, to deposit Rs 2,000 crore with the registry to safeguard the interest of the home buyers.

The top court had also asked Jaypee Infratech to hand over the records to the IRP for drafting a resolution plan indicating protection of interests of over 32,000 hassled home buyers and creditors.
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Investors duped by builders cannot be left high and dry: Special Court

Investors duped by builders cannot be left high and dry: Special Court
The investors, who have been duped by unscrupulous builders, cannot be left high and dry, a special court has said.http://www.moneycontrol.com/news/business/real-estate/investors-duped-by-builders-cannot-be-left-high-and-dry-special-court-2379463.html



The investors, who have been duped by unscrupulous builders, cannot be left high and dry, a special court has said while denying bail to a director of a real estate firm accused of duping 200 investors of crores of rupees.

The developers cannot be permitted to arm-twist the investors into falling in line, it said.

Special Judge Kamini Lau made the scathing observations in an order dismissing the bail plea of one of the arrested directors of the real estate firm AMR Infrastructure Limited.

"Any builder/developer who dupes by inducing, alluring, painting false pictures, selling and diverting the offers and then arm-twist the investors, has to face tough legal consequences and the rights of common man cannot be compromised only because those in dominant positions have the best legal advice vis-a-vis the common man who fights a lonely battle," the court said.

It also said that the builders often allured investors into depositing the amount in cash only to escape tax liabilities and once the investors fall into the trap to such a situation, they are then silenced through the fear of prosecution by tax authorities.

"Keeping in view the nature and seriousness of the offence involved, magnitude of the contravention, role attributed to the accused and the possibility that the release of the accused may cause obstacles to further investigations and also since the investigations are at the initial stages and the amount siphoned off is likely to rise further, no ground for bail is made out. The application (of Director Ram Chander Soni) for grant of bail is hereby dismissed," the special judge said.

According to the complainants, they were induced in 2006 to invest in the project located in Greater Noida and the firm had also assured returns on the investments. The project in dispute included a mall and a residential area.

Advocate Ajay Verma, appearing for accused, sought bail saying it was purely a civil dispute and he was willing to settle the issue and ensure that the entire project is delivered to the buyers.

However, the judge said that the fight of the individual investors against the "mighty builder" was not an easy task and was very unnerving for the consumers and investors.

"Merely because some of the investors had initiated insolvency proceedings or approached the Civil Courts or Consumer Forum, does not absolve the developer/builder of the criminal liability. Home buyers are now protected against unscrupulous builders after the passing of Real Estate (Regulations and Development) Act, 2016," the court said.

It also said that food, clothing and shelter were the basic needs of humanity and any deprivation by the use of unscrupulous means is required to be dealt with by strong judicial interventions.

Verma, who also represented the company, said that "a small chunk of customers are trying to derail the entire project", adding that the firm has to protect the interests of the majority of investors.

While denying bail to Soni, the court noted that being the Director and the agent of the company, the accused had all the responsibility during his tenure in the company and all the activities starting from floating of brochures till the receipt of money were within his knowledge.

The investigating officer (IO), in a report, said that till 2008, there was no construction activity at the site and when the complainants confronted the company officials, they were informed that possession would be given by the end of 2010, but they have not got the possession so far.

The report has said, according to documents supplied by the firm, it had received investments of over Rs 540 crore from the investors on the pretext of setting up a mall and a valley, among others.

The IO also said that till date, the police had received 200 complaints and fresh pleas of investors were pouring in against the company and its directors.The officer submitted that the company or the directors had not completed the project in 10 years and there was a remote possibility of it in the near future.

Builders fall in line ahead of RERA kick-off

Builders fall in line ahead of RERA kick-off


Source-moneycontrol.com | http://www.moneycontrol.com/news/business/builders-fall-in-line-ahead-of-rera-kick-off-offer-homes-as-per-new-terms-2256675.html Vandana Ramnani, Moneycontrol News
Builders fall in line ahead of RERA kick-off, offer homes as per new terms
During the run-up, over the last few months several developers have been advertising their projects as RERA-compliant or ensuring that the new agreements being entered into between builders and buyers incorporates norms laid down by the Act


The Real Estate Regulatory Act (RERA), which has some stringent provisions including three-year prison terms or heavy penalty for developers failing to comply with its provisions, will kick in on May 1.

During the run-up, over the last few months several developers have been advertising their projects as RERA-compliant or ensuring that the new agreements being entered into between builders and buyers incorporate norms laid down by the Act.

Developers who have recently launched projects claim they meet all norms laid down under the Act. All approvals are in place and the agreement signed with buyers include the interest and the penalty clauses laid down in RERA.

At the Credai level, too, the apex body of developers is holding training sessions for developers to educate them on the changes expected in the new business environment, says Manoj Gaur, Managing Director of the group that has recently launched a project in Siddharth Vihar, Ghaziabad.

Navin Raheja of Raheja Developers says that while some states may not have approved the model agreement, the company has gone a step ahead and adopted the model agreement framed by the Centre. This is a self-regulation based on the model guidelines.

A look at some new agreements drawn up by builders reveal that there are disclosures for customers to take an informed decision about investing in a property. The agreement spells out the entire payment schedule.

The agreement states that the development authority concerned has granted the commencement certificate to develop the project along with the approval date and the number. It declares that the promoter has registered the project under the provisions of RERA with the real estate regulatory authority, says Akshat Pande, Partner, Alpha Partners. He says the amount to be paid by the buyer is clearly stated in the agreement and is meant to be escalation-free. This means there will be no arbitrary escalation in prices by the promoter going forward.

It also clarifies that garage/closed parking shall be treated as a single indivisible unit for all purposes.

Earlier the developers would sell an apartment based on the super area due to which common areas and parking areas were never specified separately in the sale deed.

The statute now demands that the builder sell the unit on the basis of carpet area and therefore there is a need to specify common areas and the parking areas separately, says SK Pal, Managing Partner and advocate at Lead Counsels.

The new agreements also spell out the rights a customer has as per the agreement and after possession of the apartment. Now, a customer is entitled to specific performance by the builder as a buyer. What this means is that instead of claiming damages or compensation, the buyer has the right to make sure that the developer performs the obligations laid down in the contract, says Alpha Partners Pande.

A promoter cannot terminate an agreement on account of increase in cement prices or lack of adequate labour. Force majeure clause is applicable to conditions that are beyond human control, something that impacts a developer's capacity to perform the contract, explains Pande.

Both the builder and buyer have to pay an equal amount in penalty in case the former delays delivery of the unit and the latter defaults on payment. But this cannot be implemented retrospectively in all cases, say some developers.

Abhay Upadhyay, National Convenor, Fight for RERA, says that many states have already appointed interim regulators and even notified RERA rules. Some states are in advanced stages of doing so.

Till date, the Centre has notified 60 sections of RERA and rest 32 sections are statutorily required to be notified with effect from May 1, 2017 and it will be complied with as clearly indicated by Ministry of Housing and Urban Poverty Alleviation (HUPA).

Once that happens, RERA will become the law of the land and all states will have to compulsorily fall in line, notify rules and appoint authorities immediately.


Below are the major provisions of the new law which will rein in errant builders:

1. The RERA makes it mandatory for a state to establish a State Real Estate Regulatory Authority. This government body could be approached for redressal of grievances against any builder.

2. Every ongoing and under-construction project is supposed to come under the regulator's ambit. Registration is mandatory for all commercial and residential real estate projects where the land is over 500 sq m or includes eight apartments. Failure to do so will attract a penalty which may be up to 10% of the project cost, and a repeat offence could land the developer in jail.

3. The developer will have to place 70% of the money collected from a buyer in a separate account to meet the construction cost of the project. This will put a check on the general practice by a majority of developers to divert the buyer's money to start a new project, instead of finishing the one for which money was collected. This will ensure that construction is completed on time.

4. Buyers of apartments which are typically offered for sale before the launch of the project often get ensnared. But not any more. Under the Act, every such phase will be considered a standalone real estate project, and the promoter will have to obtain registration under this Act for each phase separately.

5. The RERA 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

Director of Bengaluru's Dreamz Infrastructure arrested for cheating 1,600 home buyers

Director of Bengaluru's Dreamz Infrastructure arrested for cheating 1,600 home buyers. The firm had collected Rs 10 to Rs 20 lakh from each of its investors, who were shown vacant plots in areas like BTM LayoutTNN | April 06, 2017, 07:41 IST http://realty.economictimes.indiatimes.com/news/regulatory/director-of-bengalurus-dreamz-infrastructure-arrested-for-cheating-1600-home-buyers/58039473

BENGALURU: K M Anoop, one of the directors of Dreamz Infrastructure company which has allegedly cheated 1,600 home buyers of Rs 2,000 crore, has been arrested, CID sources said.

Anoop had been evading arrest and was picked up in Delhi on Tuesday and brought to Bengaluru on Wednesday, they said.

The firm had collected Rs 10 to Rs 20 lakh from each of its investors, who were shown vacant plots in areas like BTM Layout, Mahadevapura and JP Nagar and promised apartments in projects christened Dreamz Saakar and Dreamz Sneha. Most of the payments were made about three years ago, but none of the projects progressed, prompting investors to go to police. Police also arrested Sachin Naik, a partner in the company.

Unitech MD Sanjay Chandra arrested for allegedly duping investors

Unitech MD Sanjay Chandra arrested for allegedly duping investors

Home buyers of Unitech’s housing projects in Noida and Gurugram had approached the National Consumer Disputes Redressal Commission after the builder had failed to give them possession of their flats as the per schedule.



Delhi Police's Economic Offences Wing has arrested the Managing Director of Unitech and another person for allegedly not developing a project despite receiving funds from investors, police said.

"The accused, Ajay Chandra and Sanjya Chandra of Unitech, have been arrested for not developing a project, Anthea Floors, at Gurugram," a police officer said.

The two brothers will be presented before a Delhi court for remand proceedings on April 1.

"Ninety-one people have invested Rs 35 crore in the project. The probe into the case is being monitored by a trial court," the officer added.

Home buyers of Unitech’s housing projects in Noida and Gurugram had approached the National Consumer Disputes Redressal Commission (NCDRC) after the builder had failed to give them possession of their flats as the per schedule. The company had promised to hand over the possession of flats in 2012, but failed to meet the deadline.

The consumer forum had asked the company refund the money to the home buyers with interest.

On January 12, 2017, the Supreme Court directed that Rs 2 crore deposited by real estate major Unitech Resorts Ltd. with its registry be distributed among 39 home buyers who have sought refund of their amount for delay in handing over the possession of flats in the Vista housing project in Gurugram.

Slapping a penalty on Unitech Resorts for delaying handing over of flats, the apex court on February 20, 2017, directed it to deposit 14 percent interest on the Rs 16.55 crore invested by 39 home buyers with it.

Sanjay Chandra is also on the list of wilful defaulters that includes 'king of good times' Vijay Mallya.

If you violate building norms in Bengaluru, the ground floor will belong to the state

If you violate building norms in Bengaluru, the ground floor will belong to the state
The BBMP’s proposal aims to curb violations and safety hazards.
Source - http://www.thenewsminute.com/article/if-you-violate-building-norms-bengaluru-ground-floor-will-belong-state-59292



Taking a cue from the Greater Hyderabad Municipal Corporation, Bengaluru’s Bruhat Bengaluru Mahanagara Palike (BBMP) has proposed to amend bylaws enabling it to take ownership of the ground floors of buildings, which do not stick to its sanctioned plans.

This proposal has been mentioned in the 2017-18 BBMP Budget which was released on Saturday.

Atul Chaturvedi for the Bangalore Mirror reported that the rule will be applicable for every building which is more than five storeys in the city.

BBMP officials told BM that more than half of properties altered from its approved structure at the time of issuing occupancy certificates.

“Deviations are one of the biggest headaches after building plans are sanctioned. Genuine buyers are also affected by this problem. Henceforth, when builders come to BBMP to get their construction plan approved, they will have to register the ground floor in BBMP’s name. Once the construction is completed and at the time of issuance of the occupancy certificate, the ground floor will be released to the builder or developer,” BBMP Commissioner N Manjunath Prasad told BM.

Rohith BR for The Times of India reported that the ground floor of the building will be registered to the civic body at a fee of Rs 100 and the ownership will be transferred to the builder only after occupation certificates have been released.
"If the property owner has violated the building plan, the ground floor ownership will remain with the BBMP,” MK Gunashekar, Chairman of the Standing Committee on Finance And Taxation, BBMP was quoted as saying in TOI.

The proposal is aimed at curbing violations as well as potential safety hazards, officials said.

"During 2016, there were many building collapses including a major one in Bellandur. We found that building norms violations were rampant. To arrest such illegal constructions, we proposed an amendment to the building bylaws by linking building plan approvals to issuance of occupancy certificate. Since occupancy certificate is crucial for renting or leasing out any property , we want to ensure that such a certificate is obtained only after the building is built as per the plan," an official of BBMP’s planning wing told TOI.