Department Town and Country Planning,

Government of Haryana

PUBLIC NOTICE

A draft policy for handing over of completed Real Estate Projects to the
Residents Welfare Association has been suggested by HRERA for the purpose of inviting
objections /suggestions before its publication.
The draft of said policy is enclosed at Annexure-A for the information of general
public and all other stakeholders and seeking suggestions, if any, on the said policy. The
suggestions may be forwarded to the following within a period of 30 days of the issuance or this
public notice i.e. upto 18th, August, 2022, to the Directorate of Town and Country Planning,
Haryana, Plot no. 3, Nagar Yojana Bhawan, Sector-18-A, Madhya Marg, Chandigarh, via email at
the addresses as mentioned below:
1. Director: tcpharyana7@gmail.com
2. CTP, Haryana: ctp6.tcp@gmail.com
3. ATP: atp.hqop1.tcp@gmail.com

ANNEXURE-A

Draft policy for handing over of maintenance of real estate projects to the Association of Allottees.

Background:

1. The Real Estate (Regulation and Development) Act, 2016

(RERA Act) enacted by Parliament of India confers several rights upon Associations of Allottees. Some

important rights conferred by the RERA Act upon Associations of Allottees are listed below:

(i) Section 8 of the Act provides that in case of revocation of registration of a project,

association of allottees shall have the first right of refusal for carrying out remaining

development works. Accordingly, in the event of a promoter failing to develop real estate

project, the association of allottees can take it over for completion at their own level.

(ii) Sub-section 11(4) (a) provides that conveyance of common areas of the project shall be

executed in favour of association of allottees.

(iii) Sub-section 11(4)(d) provides that promoter shall “be responsible for providing and

maintaining the essential services on reasonable charges till taking over of the maintenance

of the project by the association of allottees.”

(iv) Sub Section 11(4)(e) provides that promoter is obliged to “enable the formation of an

association of the allottees …….under the law applicable. Further, “the association of

allottees……shall be formed, within a period of 3 months of the majority of allottees

having booked their plot or apartment or building as the case may be in the project.”
 (v) Sub-section 11(4)(f) “provides that promoter shall execute a registered conveyance deed of

the un-divided proportionate title in the common areas in favour of association of

allottees…….”

(vi) Sub-section 3 of Section 19 provides that association of allottees shall be entitled to claim

possession of the common areas as per declaration given by the promoter under section 4

of the Act.

(vii) Sub-section 9 of Section 19 provides that every allottee of the apartment, plot or

building……..shall participate towards formation of the association……….

2. Combined reading of above provisions of the RERA Act, 2016 leads to the following conclusions:

(i) It is a joint obligation of the promoter as well as of allottees to form an association which

will become owner of undivided common areas and facilities of the project.

(ii) Promoter shall execute conveyance deed of the undivided common areas in favour of

association.

(iii) Promoter is obliged to transfer maintenance of common areas and facilities to the

association and till such time it is handed over, promoter shall maintain such facilities for

which he is entitled to collect reasonable charges

3. Large number of complaints and representations have been received by State Government from

individual allottees as well as from association of allottees in regard to formation of association of allottees;

functioning of the associations; maintenance of common areas facilities; and role of promoters vis-à-vis the

individual allottees and the association of allottees.

4. The Governor of Haryana in furtherance of powers conferred upon it by Sub-section (1) of Section

84 and Sub-section (zf) of Sub-section (2) of Section 84 of the RERA Act hereby notifies following draft

rules for regulating functioning of the Association of Allottees of real estate projects and their relationship

with promoters of the project.

5. These rules may be called the “Haryana Real Estate (Regulation and Development) Amendment

Rules, 2022.” They shall come into force w.e.f. the date of their publication in official gazette of

Government of Haryana.

6. These draft rules are being published for inviting comments and suggestions from individuals or

Association of Allottees. The comments and suggestions so submitted shall be considered by Town &
Country Planning Department. Final rules, after consideration of such comments and suggestions will be

notified thereafter.

Following Rules are proposed to be added to the Haryana Real Estate (Regulation and Development)
Rules, 2017:

Rule-32:

Amendment Rules 33 to 36 have been notified in furtherance of powers conferred Sub-Section (1)

of Section 84 and Sub-section (zf) of Sub-section(2) of Section 84 of RERA Act, which an Act of

Parliament of India. The provisions of RERA Act, therefore, supersede all provisions of any other law for

the tine being in force in the State of Haryana to the extent they are contrary to provisions of RERA Act.

These amendment rules, therefore, would supersede provisions of any other Act or Rules for the time being

in force in the State of Haryana to the extent they are in contravention with provision of these rules.

Rule-33:

Formation of Association of Allottees:

(1) Promoters of all such real estate projects of which possession of plots, shops, residential

apartments, office space etc. has been handed over to one third or more allottees, shall take

steps for constitution of an Association of Allottees of the project within a period of 30 days of

notification to these Rules.

(2) Promoters of real estate projects shall issue a notice to each of the allottees of the project

asking them to form their association. Promoter shall prepare a list of allottees, along with their

address, e-mail IDs, telephone number etc. The list shall be promptly displaced on the notice

board of the project, and a copy thereof made available at all times during reasonable hours in

the office of the promoter.

(3) The promoter shall fix a date and time, within a period of 45 days of the publication of these

rules, for organizing a meeting of all allottees of the project. Requisite Secretarial assistance for

facilitating organisation of allottees first meeting shall be provided by the promoter.

(4) In accordance with the notic3e issued by the promoters, allottees will meet at the time and

place decided and take further action for forming their association.

(5) Allottees of the project shall form their association and get it registered under “The Haryana

Societies Registration Act, 2012”. Association registered under any other law shall not be

recognised as a lawful association under these rules.

 (6) In the cases of projects in which an association of allottees has already been formed under

Haryana Societies Registration Act, 2012, the Association will convene its general body

meeting within a period of 60 days of publication of these rules and elect its new Governing

Body. There shall be no bar on re-election of an existing member of the Governing Body.

(7) Information regarding formation of association of allottees or re-election of Governing

Body of already formed association shall be submitted to the District Registrar of Societies

with a copy submitted to the District Town Planner of the District concerned.

Rule 34:

Functioning of RWA:

(1) The General Body meeting of the Association of allottees shall be held atleast once in 6

months.

(2) Governing Body meeting of the Association shall be held as frequently as required but not

less than once in two months.

(3) A notice of meeting of the General Body shall be sent to all the members atleast 15 days

before the date of meeting. Notice of the meeting shall be affixed on the notice board of the

project and an intimation sent on e-mail/ SMS on the registered mobile numbers of the

members.

(4) Agenda for consideration in the General Body shall be sent atleast 15 days before the

meeting to all the members by way of e-mail/ SMS.

(5) A yearly statement of accounts of the Association shall be prepared by Governing Body

and its audited copy placed in the first meeting of the General Body to be held in the

calendar year.

(6) All expenditure above Rs.10.00 lacs shall require approval of General Body of the

Association.

(7) The Association may award maintenance contract to one or more than one companies/

individuals, but such contract shall be awarded only after issuing an advertisement in the

newspaper and after discussion in the General Body meeting.

(8) All decisions of the General Body as well as Governing body shall be taken by a majority

of 2/3rd members present and voting. If however, in a meeting vote of 2/3rd members

present and voting cannot be secured, in respect of any agenda item the meeting will be

adjourned by one week to be held on same day and time next week for re-consideration of

the agenda.
 In such reconvened meeting the agenda can be decided by a simple majority of

members present and voting.

Rule-35:

(1) Immediately upon receipt of information regarding formation of association of allottees,

the promoter shall send an offer for handing over maintenance of infrastructure facilities to

the association within 15 days of receipt of such information. Such offer shall be

accompanied with information as specified in this Rule.

(2) Promoters of real estate project shall prepare informations as listed in Sub Rule (2) and

convey to Governing body of the Association of the project through its President along

with a copy sent to District Registrar of Societies and District Town Planner.

(3) The promoter shall submit following financial information to the association of allottees

within 15 days of election of Governing Body of the Association:

(a) The rate at which the money on account of interest free maintenance security (IFMS)

was collected from allottees; total amount so collected from the allottees; and the bank

account where money collected on account of IFMS is lying along with current

available balance.

(b) Amount of money collected on account of sinking fund, or any other fund of similar

nature, collected from allottees, and the bank account in which this money is lying

along with current available balance.

(c) Statement, certified by a Chartered Accountant, in respect of maintenance money

collected by promoter from allottees in last 3 years and expenditure incurred out of it,

along with other relevant details.

(d) The Terms and conditions of maintenance contract if executed with a third party

maintenance agency or any such other agency for maintenance of the project.

(e) The account receivables on account of maintenance charges from allottees and the

amounts payable to any agency for having executed maintenance works in the past.

(f) A statement of assets and liabilities in regard to maintenance of the project.

(4) Information relating to infrastructural facilities in the project shall be furnished to the Governing

body of Association of allottees inter-alia containing following information:

 1 2 3

Facilities As approved in Actual installed

plans facilities
1. Electricity Supply system:

(a) Capacity and details of sub- station.

(b) Capacity, numbers and details of
transformers.
(c) Details of switching stations.
(d) Drawing and other details of distribution system.

2. Water Supply System.

(a) Capacity of water supply storage tanks.

(b) Number, capacity and make of pumping stations.
(c) Drawings and other details of the
System

3. Sewerage Disposal System:

(a) Capacity and other details of sewerage treatment plant.

(b) Drawings and other details of the system.

4. Storm water drainage.

(a) Capacity of drainage pumps

(b) Drawings and other details.

5. Lifts.

(a) Details of Model and make of each

Lift.
(b) Details of maintenance contract.

6. Fire Fighting System.

7. All details relating to equipments

and machinery installed.

8. Solar Power System details.

9. Details of employees engaged for

maintenance of the project.

10. Any other detail information.

(5) Promoter shall hand over following documents to Association of Allottees:

(i) Blue print copy of all relevant architectural, structural and relevant building plans.

(ii) Copy of all approvals taken from competent authorities including layout plans, zoning

plans, demarcation plan, environment clearance, occupation certificate/ part completion

certificate, no dues certificate from financial institutions, if applicable.

(6) Promoter shall execute conveyance deed of all undivided common areas in favour of Association

of allottees in the manner provided by RERA of relevant jurisdiction by way of Regulations.

(7) Promoter shall issue a certificate to the effect that all facilities have been installed in accordance

with approved plans and satisfy the Association about its veracity. The Association will take over

maintenance of the project after proper verification of the information supplied by the promoter provided

that if installed infrastructure is not in accordance with approved plan and in accordance with agreements

executed with allottees, the promoter shall remain bound to bridge such deficiencies by way of actual

installation or monetary compensation given to the association for executing deficient works at their own

level.

(8) Status of construction of common facilities like community buildings, shopping areas, school,

dispensary etc. as were agreed to be provided. If any of such buildings have not been constructed, the time-

line within which these will be constructed.

In case the facilities installed in the project are not in accordance with approved plans or the

provisions of builder-buyer agreements, the promoter shall remain obliged to create such facilities or

transfer funds to the Association of Allottees for construction at their own level.

(9) After completion of formalities, handing over-taking over documents will be signed by authorised

representative of promoter and representatives of association duly authorised by Governing Body. The

handing over-taking over of documents shall contain detailed recital in respect of status of various

disclosures made by the promoter in accordance with these Rules.

(10) All disputes in regard to the process of handing over/ taking over shall be referable to RERA of

relevant jurisdiction. Provided that jurisdiction of RERA can be invoked under these Rules only by a

representative duly authorised by Governing Body of the association; or by authorised representative of the

promoter company, as the case may be.

(11) In case a promoter fails to initiate process for formation of n association; or fails to hand over

maintenance of the project along with all relevant information, documents and funds; or defaults in any

manner handing over maintenance, RERA of appropriate jurisdiction, suo-motu or on a complaint filed

before it may take such action as deemed appropriate or pass any direction as per law, or initiate

proceedings in imposition of suitable penalty in accordance with Section 63 or the RERA Act.

(12) If allottees do not come forward to take over member of the project, or it cannot be handed over for

any reason or fault on the part of the promoters or the association, the maintenance of the project will

continue to be managed by promoters. The promoters, however, may approach RERA for furtherance

guidance-----.