Correction needed in the flawed building bylaws of Guwahati- Assam REAT

The Assam REAT, Real Estate Appellate Tribunal pointed out while delivering its judgement on two separate appeals filed by the different entities that the byelaws of 2014 are “absolutely silent” about the role of the competent authority in certifying the completion report.

To protect the interest of the home buyers, the Assam Real Estate Appellate Tribunal (REAT) on Thursday demanded plugging in some gaps in the Guwahati Building Byelaws of 2014.

The Assam REAT, Real Estate Appellate Tribunal pointed out while delivering its judgement on two separate appeals filed by the different entities that the byelaws of 2014 are “absolutely silent” about the role of the competent authority in certifying the completion report.

From now on, the completion report will be mandatory to be submitted by builders in prescribed formats. In absence of such certification by the Authority, deviations from the sanctioned plans and layout plans, if any, will go unnoticed, it added.

The judgement, pronounced by Assam REAT Chairperson Justice (Retd) Manojit Bhuyan and Member Onkar Kedia, also said that this may cause prejudice to home buyers and may have far-reaching adverse consequences insofar as home buyers are concerned.

“The Tribunal also noted that in the Guwahati Building Byelaws of 2014, there is no format prescribed for issuing Occupancy Certificate by the Authority concerned. This also needs to be addressed by the appropriate authority,” Assam REAT said in a statement.

In the same judgement, the Assam REAT asked the RERA, Assam, to remove difficulties faced by builders in registering their ongoing projects.

“As per the Real Estate (Regulation and Development) Act, 2016, the projects that were ongoing on the date of commencement of the Act and for which completion certificate had not been issued required to be registered with the RERA,” it added.

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