There has been heated debates amongst us about the rights of buyers and obligations of builders. As of now, RE market in loaded against buyers.

I cam across UP Apartment Act 2010 and its Rules at http://awas.up.nic.in/.

Links are;
http://awas.up.nic.in/Apartment%20Act-English.pdf
http://awas.up.nic.in/Apartment%20Act%20Rules%202010.pdf

A quick reading of these document show that there many provisions which protect the buyers. Act/ Rules deal with almost all aspects of housing projects including specifications, delivery, post-construction maintenance etc.

Is this Act/Rules not yet applicable to projects in NOIDA? Why are our builders not following them? Can buyers do something to seek protection available under this Act?

Sorry for opening this thread in NOIDA Forum. But I feel this is the right place to discuss this issue.

Views/ comments are solicited....
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  • AFAIK Noida and G NOida dont come under Awas department of UP
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  • Originally Posted by vishal1880
    AFAIK Noida and G NOida dont come under Awas department of UP


    The Act is passed by UP assembly and is applicable to whole of UP. Pls see paragraph-1 of act.

    yes, for admn purpose only NOIDA and GN do not come under awas dept.

    Act is fully applicable in noida.
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  • is it! Can you also clarify that does this hold good for all BBAs or only for the ones issues after the notification?
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  • Originally Posted by vishal1880
    is it! Can you also clarify that does this hold good for all BBAs or only for the ones issues after the notification?


    As per my understanding of law , any BBA signed after notification of Act/ Rules has to be in compliant with said Act. Buyers can legally ask for that. Paras Tierea buyers are on right track., any BBA signed after notification of Act/ Rules has to be in compliant with said Act. Buyers can legally ask for that. Paras Tierea buyers are on right track.
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  • Originally Posted by RoyalMax
    As per my understanding of law , any BBA signed after notification of Act/ Rules has to be in compliant with said Act. Buyers can legally ask for that. Paras Tierea buyers are on right track.

    Hi RoyalMax ,

    Can you please highlight any salient points according to this act which need to be kept in mind and which are generally not included/complied by the builders.

    Thanks!

    Hi RoyalMax ,

    Can you please highlight any salient points according to this act which need to be kept in mind and which are generally not included/complied by the builders.

    Thanks!

    Hi RoyalMax ,

    Can you please highlight any salient points according to this act which need to be kept in mind and which are generally not included/complied by the builders.

    Thanks!

    Hi RoyalMax ,

    Can you please highlight any salient points according to this act which need to be kept in mind and which are generally not included/complied by the builders.

    Thanks!
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  • Great Max! Now since law is your strong point can you tell me, if my BBA was made before March 31st i.e. in October last year and is yeat to be signed but every one else in the complex well most of the people have already signed, where do I stand?
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  • I need 4-5 days to study the Act/ Rules afterwhich I will surely be able to meet your queries.

    On the face of it, Act/ Rules appear to be protecting our interests. Rest depends upon its enforcement.

    My request to RE experts to pls study the Act/ Rules and then we can discuss pros/cons and how to take advantage out of it.

    All those who have purchased flats recently and in the process of signing BBA should, immediately, consult lawyers to ensure that thier BBA is as per new legislation.

    One con i saw was the need for registration of BBA and payment of 2% stamp duty which will be adjusted at the time of registration of final transfer agreement. For an End user this should not be a problem.

    My feeling is that Builders & Invetors do not like this Act and hence, its low visibility.
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  • Originally Posted by RoyalMax
    I need 4-5 days to study the Act/ Rules afterwhich I will surely be able to meet your queries.

    On the face of it, Act/ Rules appear to be protecting our interests. Rest depends upon its enforcement.

    My request to RE experts to pls study the Act/ Rules and then we can discuss pros/cons and how to take advantage out of it.

    All those who have purchased flats recently and in the process of signing BBA should, immediately, consult lawyers to ensure that thier BBA is as per new legislation.

    One con i saw was the need for registration of BBA and payment of 2% stamp duty which will be adjusted at the time of registration of final transfer agreement. For an End user this should not be a problem.

    My feeling is that Builders & Invetors do not like this Act and hence, its low visibility.


    Why would the investors have a problem with the Act, especially since it also protects them against the powerful builder lobby.
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  • Originally Posted by onlyvicky
    Why would the investors have a problem with the Act, especially since it also protects them against the powerful builder lobby.


    Under UP Apartment Act it is mandatory that BBA be registered with 2% stamp duty (adjustable against 5% payable at the time of final transfer), This does not suit investors as it is additional cost. In any case they have to exist before final registration.

    I too went through Act. It is a great piece of work. Protects genuine buyers. Also takes care of errant house owners who do not pay mtc. charges.

    I wonder how come this Act has not made the noise it should have. Hats off to Mayawati. She flooded Noida market with projects and brought this legislation. Genuine buyers are winners all the way.

    Unfortunately there is little awareness about this Act. Buyers are signing BBA on dotted lines without bothering to verify its compatibility with new Act. If you are investing 30-40L for house, pls. do not mind spending few Ks to consult a lawyer and buy peace of mind for rest of life.

    As I have said, it is buyers market today. If pressed by a group, builder will have no choice but to accept the Act and follow it. Only if we shed this herd mentality.....
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  • Originally Posted by RoyalMax
    Under UP Apartment Act it is mandatory that BBA be registered with 2% stamp duty (adjustable against 5% payable at the time of final transfer), This does not suit investors as it is additional cost. In any case they have to exist before final registration.

    I too went through Act. It is a great piece of work. Protects genuine buyers. Also takes care of errant house owners who do not pay mtc. charges.

    I wonder how come this Act has not made the noise it should have. Hats off to Mayawati. She flooded Noida market with projects and brought this legislation. Genuine buyers are winners all the way.

    Unfortunately there is little awareness about this Act. Buyers are signing BBA on dotted lines without bothering to verify its compatibility with new Act. If you are investing 30-40L for house, pls. do not mind spending few Ks to consult a lawyer and buy peace of mind for rest of life.

    As I have said, it is buyers market today. If pressed by a group, builder will have no choice but to accept the Act and follow it. Only if we shed this herd mentality.....



    Thanks for the initiative here RoyalMax and others. If you guys are consulting a lawyer, please let the group know of the possible recourses.

    Any lawyer or law student on the forum - please chime in..
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  • Benefit of Up apartment Act 2010 + WHAT TO DO if BUILDER NOT FOLLOWING SAME

    Benefit of new appt act would get extended provided your builder buyer agreement has the compliance to the same. It should read out that the "Project construction shall be governed by UP apartment ownership act 2010 "AND" other laws applicable till the time of possession. It should not be word "OR " but word "AND".

    For benefits downlaod the act from http://awas.up.nic.in/ . There are two links one reads UP Apartment Act rules and other is Act in English .

    U.P. Apartment Act Rules, 2010



    U.P Apartment Act in English

    Download both but ref to Second one and read :-
    Duties and Liabilities of Promoter : Page 4 Para 4 . It says all in brief. Advantage that it offers is as per para 5,6 (completion certificate -Very IMP ) and para 7,8,9 in page 6.

    There is one very imp clause that says that builder will obtain completion certificate before giving possesion. Which is a very very imp thing as without it you can not register your house on your name. So you see that with this law the liability of taking completion comes on builder. as many times they deviate from the laid or approved plans for minor gains even after sucking us. So you don't get completion certificate even if you are offered possession. So it suits the builder that he as promised has given you possession , but what if you could not register your house on your name because of completion certificate.

    So New Act covers most of the things. Read as indicated above to get an idea. The issue now is What if builders are not following as told by the govt. Whom should this issue be reported to. I am sure there are many lawyers/ IAS / Def offrs/ CA/ CS / etc... involved in buying a house for themselves. can any educated guy comment on this issue of reporting to appropriate chain in govt as most of the builders are not mentioning many things in their agreement as against the laws.
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  • Do any of the people knows an RTI expert. This type of laws implementation information should be their with the government agencies, we can ask in RTI about the validity and application of this act in the noida and greater noida scenario.
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