West Bengal issues rules for implementation of RERA

29 Jul 2021 CW Team

The West Bengal government has notified the rules governing real estate regulatory authority under section 84 of the Real Estate (Regulation & Development) Act, 2016, as the first step toward RERA implementation in the state.

The Supreme Court ruled in May that the separate real estate regulations in West Bengal are in conflict with the Real Estate (Regulation and Development) Act of the central government.

The central government had also approached the state government about putting the central Act into effect in the state. After the Supreme Court ruled that the West Bengal Industry Regulation Act (WBHIRA) 2017 was unconstitutional, the Forum for People Collective Efforts (FPCE) has been pushing for the implementation of the Act in the state.

The FPCE had previously expressed concerns that allowing state-level legislation would render the central act RERA obsolete. The ministry had also supported the request of FPCE to repeal the WBHIRA through an affidavit filed in the Supreme Court. The Governor of West Bengal had given his approval to a separate state housing bill in October 2017, but the President had given his approval to the central government's RERA regulation in March 2016.

On May 1, 2017, the central government fully notified and implemented the RERA across the country, with the exception of Jammu and Kashmir.

The homebuyers group had previously expressed concerns that allowing state-level legislation would render RERA obsolete. RERA is now being implemented in Jammu and Kashmir as well.

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Also read: Homebuyers body urges govt to implement RERA in West Bengal

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