West Bengal notifies RERA rules

[ecis2016.org] The state which had in effect the West Bengal Housing & Industrial Regulation Act 2017 (WBHIRA) has taken its first step towards accepting RERA by notifying the RERA West Bengal rules that will govern the authority

In its first step towards implementation of real estate regulatory authority in West Bengal, the state, under Section 84 of the Real Estate (Regulation and Development) Act, 2016, notified the RERA West Bengal rules governing the state authority.

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The notification issued by the West Bengal state government mentioned that these rules may be called the West Bengal Real Estate (Regulation and Development) Rules, 2021. These WB RERA rules will be enforced from the date it is published in the official gazette.

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Also read all about the Real Estate Act (RERA)

Welcoming this move, housing and urban affairs minister Hardeep Singh Puri tweeted, “RERA brought in a semblance of order in a sector unregulated till 2016. It was fiercely contested both, from within and outside. Finally cleared by Hon’ble Bombay HC in 2017. Thanks to Hon’ble SC, RERA rules have also been notified in West Bengal. We now have One Nation One RERA.”

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West Bengal was the only country in India that was yet to accept the RERA. The state was earlier regulating its real estate sector under its own act known as the West Bengal Housing & Industrial Regulation Act 2017 (WB-HIRA) effective 2017.

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In May 2021, the Supreme Court of India passed a verdict that WBHIRA created a parallel regime, in direct conflict with the centre’s RERA. A bench of justices DY Chandrachud and MR Shah, in their 190-page verdict said, “We have come to the conclusion that WB-HIRA is repugnant to the RERA and is, hence, unconstitutional.”

With the new West Bengal RERA rules now being put in place, the interests of the real estate buyers in the state will be protected, believe industry experts.

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