Providing relief to home buyers, the West Bengal government has notified rules referred to as ‘West Bengal Real Estate (Regulation and Development) Rules, 2021.
The West Bengal government has taken the first step towards implementing the Real Estate (Regulation and Development) Act (RERA) in the State. In exercise of the powers conferred by Section 84 of RERA, the State government has notified rules named ‘West Bengal Real Estate (Regulation and Development) Rules, 2021, which shall govern the State’s real estate regulatory authority.
The notification comes almost three months after the Supreme Court (SC) annulled the West Bengal Housing Industry Regulation Act, 2017 (WBHIRA) after finding it unconstitutional. The rationale behind doing so was the discovery that WBHIRA imitated RERA word-by-word and overlapped with the latter, thus conflicting with it.
Abhay Upadhyay, President, Forum for People’s Collective Efforts (FPCE), shares, “We hope that the constitution of the authority, its website, and the appellate tribunal follows soon. After this, efforts should be made to start the acceptance of complaints under RERA so that aggrieved home buyers can get speedy justice.”
Additionally, once RERA is fully implemented, stalled/financially-stressed residential projects in West Bengal will be able to access funds under the Special Window for Affordable and Mid-Income Housing (SWAMIH), a Central Government-supported scheme. This is because SWAMIH funds can be used only for RERA-registered stressed real estate projects.