Fresh policy on licensed colonies to make builders, colonisers accountable

Sumedha Sharma

Gurugram, April 24

In what is bound to make builders and colonisers more accountable to homebuyers, the Department of Town and Country Planning (DTCP) has rolled out a new policy for phasing in licensed colonies. The policy, which was approved at the Cabinet meeting, mandates seeking 2/3rd consent from the allottees for revision of the layout and building plan.

The policy will provide transparent parameters and allow passing of projects in light of the provisions of Haryana Development and Regulation of Urban Areas Act 1975, Real Estate (Regulation and Development) Act, 2016 (RERA) and Haryana Apartment Ownership Act 1983. It was decided that in case of such colonies the developer shall also provide a composite site plan/composite plan/composite layout plan for each of the phases.

“For a licensed colony or part of it, which is yet to be registered by RERA (though requiring registration before creation of third party rights), the coloniser shall disclose to the Director its plan for development of such colony, or part of it, in phase(s). An undertaking from the coloniser regarding non-registration of the colony or such part of it shall be considered adequate along with such disclosure,” reads the policy.

Gurugram DTP said, “The revision of phasing in rules will make the builders and colonisers more accountable to not just the homebuyers, but also the authorities. As per new norms, they would require re-registration at each phase.

Norms and parameters to be followed

• A part of colony that either stands completed, occupied or registered with RERA may be indicated as ‘completed/ registered phase’
• Where benefit of additional FAR under TOD/TDR or any other applicable policy over such ‘completed/ registered phase’ is sought requiring fresh RERA registration, such ‘completed/ registered phase’, may also be allowed to be designated as an independent phase(s)
• Community and commercial sites may be indicated as an independent phase(s) in the LOP/Site Plan
• A multi-storey building/tower shall not be sub-divided into multiple phases
• EWS plots/flats are to be transferred to HBH, hence the same may not form part of any phase; etc. The layout plan/site plan/zoning plan approved by the director shall indicate such phase(s) disclosed by the coloniser clearly indicating the FAR utilised/intended to be utilised or benefits of TOD/TDR in each phase
• Such layout plan/site plan showing the phase(s), if any, shall be submitted to RERA along with timelines at the time of registration

To resolve disputes due to existing licenses

The policy aims to streamline issues and processes with reference to requirement of inviting objections, suggestions and consent of allottees in cases involving amendment of layout and building plans. The objective is to resolve disputes arising due to existing licenses vis-à-vis revision of layouts.