Flaws in Guwahati Building projects

Flaws in Guwahati Building projects

Assam is known for its narrative in Vernacular architecture, and for the longest time, affordable housing projects in Guwahati focused on similar materials and niches. The use of local materials in construction is not only due to their abundance in availability but also due to multiple geographical constraints. However, the demand for R.C.C houses in Assam has been upscaled due to space limitations. Also, with rapid urbanisation, high-rise buildings have overtaken low-rise houses and units. 

The major cause of destruction comes down to the rigidity of the new construction projects in Guwahati, and the resulting damage is just a domino effect. Apart from the material used, multiple other factors quote the flaws in the Guwahati building projects. 

Arunudoi Apartments Private Limited and two others filed an appeal against the decision of RERA (Real Estate Regulatory Authority). At the same time, Assam highlighted the silence of an eligible authority on the Guwahati building by-laws of 2014. This silence quotes the incompetency of the authority in verifying project reports submitted by the builders in a given format. 

To protect the rights of the homeowners, the Assam Real Estate Appellate Tribunal (REAT) called for plugging some lacunae in the Guwahati Building Bye-laws of 2014. 

The complete report must be proposed in a prescribed format by the builder. It is also important to note that without authority certifications, there might be some unnoticed deviations from the sanctioned plans and layout plans.

Apart from noticing this gap in addressing authority, Assam REAT also asked RERA to eliminate the challenges that builders face in recording their ongoing and upcoming projects in Guwahati. 

As per the Real Estate act of 2016, while dropping an application regarding registering an upcoming project in Guwahati, the builder has to announce at least 70% of the amount anticipated for the real estate project. This amount comes at intervals from the allottees and must be deposited in a separate account in a scheduled bank to cover the land and construction cost. It is also important to note that these funds can only be used for that purpose. 

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Under the act, the ongoing and new construction projects in Guwahati on the date of the commencement of the act had to be registered with RERA if their completion certificates were not issued. 

However, a rough patch was observed under the same subhead, quoting the inconvenience caused by the announcement of the act. The argument was further backed up by the amount allotted, which was spent before any such declaration came out. 

Later, the tribunal shared their concern with RERA Assam to map a way to register previous projects under the category of “ongoing projects”

It stated, “This is required for effective regulation and promotion of the real estate sector and to ease the process of registration sought by desirous and bonafide promoters of projects falling into the category of ‘ongoing projects.”

However, the Assam REAT discarded the plea made by Arunudoi Apartments and two others against the decision of RERA. They further imposed a penalty of Rs. Fifty thousand for the non-registration of their real estate project, Ushalata Enclave, Guwahati and Rs. 2 lacs for the non-registration of their project, Gunjanan Baruah Complex, Guwahati. 

On Thursday, this order was later passed by Justice Mnojit Bhuyan (the chairperson of the Assam REAT and Onkar Kedia (member of Assam REAT).

Kavya Srivastava Kavya is a versatile content creator and a storyteller whose multifaceted expression peeks through craft. She is an architect, a performing artist and a writer by profession who draws inspiration from her metaphorical boxes of l' artisanat.
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