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Effectiveness of RERA 2016 over UP UrbPlDevA 1973

With the execution and enforcement of the UP Urban Planning and Development Act, 1973, and UP Apartment Act, 2010, how effective is UPRERA, 2016? The map of any proposed project is approved under UP Urban Planning and Development Act, 1973, and construction, ownership, and maintenance of any multi-storied residential project is governed by UP Apartment Act, 2010, Model Bye-laws, 2010 and UP Apartment Rules 2011. With these laws and rules still effective, enforced, and functional, how effective is UP RERA, 2016 and UP RERA Rules 2016 regarding the amendment of the approved map of any project, issuing of a faulty Completion certificate for the project by the concerned Development Authority, and registration of faulty AoA/Society of flat owners under the clauses covering these issues in UPRERA Act 2016 and UPRERA Rules, 2016?

( Varanasi, Uttar Pradesh )

1 year ago

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A.
Dear Client,
The provision of the RERA Act, 2016, and its Rules are applicable to the real estate projects registered under the said Act and Rules. The UP Urban Planning and Development Act, 1973 regulates the planning and development of urban and semi-urban areas that fall under the jurisdiction of the said Act, and the Apartment Owners Associations (AOA) are registered under the UP Apartment Act, 2010. The Completion Certificates of any constructed project are issued by the concerned building plan-approving authority i.e, Municipal Authority or the concerned Area Development Authority provided they approve the building plan. As regards faulty registration of AOA, the matter falls under the jurisdiction of the Registering Authority constituted under the UP Apartment Act, 2010. The RERA Act, 2016 empowers the authority to adjudicate a complaint or dispute over any deficiency in service or unfair trade practice arising out of a registered housing project between the home Buyer and the Developer/Builder. So, all three statutes are applicable based on their area of jurisdiction and relevant issues.
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