Rajasthan Apartment Ownership Act despite getting a nod from the President months ago is yet to be implemented. This Act gives land rights to flat owners on the land on which an apartment is constructed.
The Act is need of the hour as it is mandatory for the developer to issue sub-lease to the purchasers claiming their right on the land on which apartment is constructed. Currently, apartment owners in a multi-storey building do not have land rights.
However, the UDH department, because of its laidback approach, has failed to implement the Act. Like the Real Estate Regulatory Authority (RERA), the new Act was expected to bring more transparency and protect the interests of home buyers.
Sources further said as per the Act, every person to whom any apartment is allotted, sold or transferred by the promoter, will be entitled to exclusive ownership and possession of the property.
The Rajasthan Apartment Ownership Bill was passed in the state assembly on April 8, 2015. An official informed that on April 24, the Bill was sent to the central government for approval. The Centre directed the government to remove clauses 6, 11 (1) & (2) from the draft of the Bill to avoid conflict with the Centre’s Real Estate Bill.
“The governor in February 2018 sent the Bill to the state government for re-examination. The amended Bill was passed in March in the assembly. The Bill, which was sent in April 2018 to the President of India, was waiting for the final nod in July,” said the official.
Once implemented, it will be mandatory for the developer to show the title deed of the land on which the apartments are proposed, the approved building plans, details of common areas and limited common areas to the buyers.
A senior official at JDA said, “A builder will have to furnish a written commitment to pay a requisite penalty in case of missing the deadline for the proposed project. At the time of booking of an apartment, developers will declare the penalty for delay in completion and handing over possession.”
