Flat owners seek repeal of amendments to UP Apartment Act, 2010
Irate flat owners across the NCR have decided to speak up against the UP Apartment Amendment (Promotion of Construction, Ownership and Maintenance) Bill 2016. They have appealed to the UP governor, Ram Naik, to refuse assent to the bill.
According to sources, the petition letter, drafted by a lawyer, was circulated among residents and homebuyers with a request to forward it to the governor. It mentions that the new Act cleared by the Uttar Pradesh Assembly includes amendments to *Section 4(4) and deletion of ** Section 4(5) of the UP Apartment Act, 2010.
The buyers maintained that the provisions in Section 4(4) and Section 4(5) were enacted to prohibit illegal or unauthorised constructions in group housing projects and ensure timely completion of the projects.
Speaking to City Spidey, prospective homeowners and residents said that the above-mentioned sub-sections provided protection to buyers against unscrupulous builders.
Abhishek Kumar, president of Noida Extension Flat Owners’ Welfare Association, told City Spidey that the 2010 Act had certain provisions that forced the builders to act responsibly with the buyers. “If the recent amendments are approved, it will leave homebuyers at the mercy of builders,” he said.
The letter also states that in the 2010 Act, buyers had the option to approach the High Court in case of violations, such as illegal construction, delay in completion and similar other issues. But removal of the sub-sections will leave the buyers in dire straits, with no remedial mechanism against the developers.
Furthermore, the letter alleges that the Amendment Bill had been introduced with the intent to protect certain unscrupulous builders whose projects have been stayed by the High Court on the basis of petitions filed by buyers.
City Spidey took up the matter with Alok Kumar, founding member and patron of the Federation of Apartment Owners Association (FedAOA). He said the Act had been a lifeline for flat buyers — right from buying a flat till the formation of AOAs. But, he added, the recent amendment does away with the requirement of consent from the intending purchaser/apartment owner before making any changes to the original layout and specifications of the housing project.
In the words of Kumar, the deletion of the sub-sections would be like "taking away the basic rights of buyers and flat owners".
*Section 4(4) “The promoter shall not make any alterations in the plans, specifications and other particulars without the previous consent of the intending purchaser, project architect, project engineer and obtaining the required permission of the prescribed sanctioning authority, and in no case, he shall make such alterations as are not permissible in the building bye-laws.”
**Section 4(5) “An apartment may be transferred by the promoter to any person only after obtaining the completion certificate from the prescribed sanctioning authority concerned as per building bye-laws. The completion certificate shall be obtained by the promoter from prescribed authority within the period of two years from the date of sale agreement.”