Positive: UP Apartment Act 2010 comes into force

[dheerajjain]

Uttar Pradesh Govt. has taken strong step in protecting rights of home buyers by adopting the UP Apartment Act of 2010, bringing transactions related to buying houses in group housing societies within a stronger legal framework.

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NOIDA: The Noida and Greater Noida authorities on Monday finally adopted the UP Apartment Act of 2010, bringing transactions related to buying houses in group housing societies within a stronger legal framework.

These transactions have so far been governed by the UP Industrial Act, 1976, the law that applies to the twin cities of Noida and Greater Noida.

Rama Raman, chairman of the authorities, said, "We have already informed developers about the adoption of the UP Apartment Act, 2010. With the implementation of the Act, each group housing project will now come under its ambit." Asked about the reason for the delay in the implementation of the Act, Raman added, "Noida, Greater Noida and Yamuna Expressway areas are governed by the UP Industrial Act, 1976. Therefore, the apartment Act was not put into effect by the three authorities. Only after examining both, has the apartment Act been implemented. It took time to examine them."

The move, according to officials, will benefit about 5 lakh homebuyers in Noida and 3 lakh in Greater Noida and areas along the Yamuna Expressway - a region whose realty boom has often been overshadowed by confrontations, complaints and litigation between buyers and builders on issues like delivery dates, size of apartments, common facilities and quality of construction.

The Act makes the process of buying homes more transparent through clauses like mandatory consent of each member of a housing society before making any major alterations to layout plans and asking a builder to specify the likely date of a project's completion. It also helps builders by providing for penalties on buyers who miss EMIs.

"In the absence of the apartment Act, developers were harassing buyers. We were faced with various frauds by developers. Now, this Act will help us ensure stringent action is taken against errant developers," said Manoj Rai, officer on special duty, Noida Authority.

Rai, however, added that the process to appoint a nodal officer is yet to be completed.