Real Estate Bill takes final shape
Two important changes proposed by the ministry of housing in the Real Estate (Regulation & Development Bill)
Dec 20, 2014
Source : The Economic Times


New Delhi: In an important development towards the regulation of realty sector within the country, the Real Estate (Regulation & Development) Bill, drafted by the UPA government, which is awaiting the new government’s approval has undergone a few changes and is expected to be soon taken up by the Cabinet for approval.


The two important changes proposed by the ministry of housing are — bringing down the percentage of receivables from home buyers that has to be kept in the escrow account for the purpose of construction, from 70 per cent earlier to 50 per cent now.


The other is to bring the commercial segment of the real estate sector within the ambit of the Bill, which earlier was limited to regulating only the residential segment.


While the changes have been largely welcomed by industry players, the expectation of it becoming a law soon comes as a relief to the home buyers who have been suffering from delays in delivery of projects by developers and inconsistency in fulfilment of promises made to them at the time of booking.


Experts say that the development is positive and takes a step closer towards setting up of a real estate regulator in the country. “If the Real Estate Regulatory Bill comes in 2015, it will be the biggest thing for the sector as it will provide protection to home buyers and it will also result into some non-credible players exiting the sector because of the checks and balances that will come in place,” said Om Ahuja, CEO, residential services, JLL India.


However, some raised concerns on the Bill not addressing on accountability of development authorities.


The changes

Industry insiders close to the development confirmed that the government has proposed to reduce the component of receivables from home buyers to be kept in escrow account for the purpose of construction from 70 per cent to 50 per cent. What it means is that developers will now have access to 50 per cent of the receivables from allottees for purposes other than construction.


Experts say that since the construction cost as a percentage of total development is getting smaller with rising land cost, it made sense to reduce the same. “In cities like Mumbai, the construction cost comes to only around 20-30 per cent of the project cost and the land cost goes up to 60-70 per cent. So if the 70 per cent of receivable from the home buyer is kept in the escrow account for construction, then it amounts to blockage of funds, which is undesirable,” said Rohit Raj Modi, president, Credai-NCR. He, however, pointed that it is not appropriate to have a uniform percentage for all cities across the country.


"While it would have been lower for Tier-I cities, the government could have kept it higher for Tier-II and Tier-III cities as the land cost is lower there and the percentage of construction is higher,” said Modi, adding that Credai had proposed to bring the percentage down to 30 per cent for Tier-I cities.


There are others who agree to this. Anshuman Magazine, chairman and MD, CB Richard Ellis points out that the bill in its current form is not balanced. “Reducing the amount to be kept in the escrow account from 70 per cent to 50 per cent is better, but it is not good enough and should have been kept lower,” said Magazine.


There are others who point that the regulation to keep a part of money in the escrow account is very important and the percentage can be tweaked later too. Ahuja said that it is very important to first get a regulator and to have such safeguards in place as there have been instances where developers take money from buyers but rather than using it for development of that project, deploy it for purchase of land for some other project, which leads to delay in the project delivery.


“The regulation to keep 50 per cent of the buyers money in escrow account will bring in controls in the use of money,” said Ahuja, adding that the money is sought from the buyer when the floor slab is laid even though the most of the work relating to the house is yet to be done. While the government has also proposed to bring in the commercial segment within the ambit of the Bill, there are some, who are enthused, but others seem to have been taken by surprise.


Ahuja said that bringing the commercial realty within the regulatory ambit is important because a lot of retail investors are investing into commercial real estate and so it is important to have safeguards. “It will also give some comfort to the institutional investors in commercial projects as they will know that there is a regulator who will ensure that best practices are followed by developers,” said Ahuja. On the other hand, Magazine says that while he welcomes the move, “It should be balanced and be fair to both the developers and the customers.”

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