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Registration No Longer Mandatory, OC Enough For Housing Projects

The Assam Real Estate Appellate Tribunal (REAT) has ruled that a housing project will not require registration if it received Occupancy Certificate or is deemed approved for occupation before August 1, 2017, as stated by a press release issued by REAT.

The ruling was given by the Tribunal today, November 7, while deciding an appeal filed by Saraighat Builders Pvt. Ltd. against a decision of the Real Estate Regulatory Authority (RERA), Assam.

Chairperson of Assam REAT, Justice (Retd.) Manojit Bhuyan and Onkar Kedia, Member, Assam REAT stated that Section 3 of the Real Estate (Regulation and Development) Act 2016 stipulates that the promoters of the real estate projects which were ongoing on the date of the commencement of the Act and for which Completion Certificate had not been issued were required to make an application to the concerned RERA for registration of the projects within 3 months from the date of commencement of the Act, as per the release.

Under the Guwahati Building Construction (Regulation) Act, 2010 and the Guwahati Building Construction (Regulation) Byelaws, 2014, it is only an “Occupancy Certificate” and not a “Completion Certificate” that can be issued by the concerned civic authority.

Further, as per the Guwahati Building Construction (Regulation) Act, 2010, if the work is not inspected and an Occupancy Certificate is not granted or refused within 21 days from the date of receipt of the Completion Certificate from the owner, it shall be deemed that approval has been tendered, permitting occupation of the building concerned.


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