In order to expedite the implementation of Gujarat Real Estate (Regulation and Development) Rules-2017, the state government is planning to appoint an “interim” real estate regulatory authority in the weeks ahead. “The Urban Development and Housing Department has moved a proposal before the government to set up an interim real estate authority. This has been done, because the selection of a real estate regulator is taking time,” a senior state government official said.
“This has been done well within the provisions of the Real Estate (Regulation and Development) Act,” the official added. According to chapter five of the Act, “until the establishment of a regulatory authority, the appropriate government shall, by order, designate any regulatory authority or any officer preferably the secretary of the department dealing with Housing, as the Regulatory Authority for purposes under this Act.”
The Gujarat government has already notified the RERA rules and a selection panel comprising the Chief Justice of the High Court or his nominee, the Secretary of the Department dealing with housing, and the Law secretary have also been formed. “However, this selection committee is yet to hold its first meeting. The selection is expected to get delayed as the committee members have to take into consideration the availability of the Chief Justice. In the meantime, the interim authority can help get the ball rolling. However, the final call of whether to appoint an interim regulator lies with the state government,” the official added.
The Act was passed by the Parliament in March 2016 and it came into force from May this year. The Gujarat government has also notified all rules regarding the new Act. However, the real-estate developers in Gujarat are still awaiting a regulator.