In a recent development, the town and country planning department DTCP in Gurgaon has issued a clarification regarding the collection of upkeep fees in affordable housing projects. The clarification states that developers are not allowed to collect charges for the maintenance and upkeep of common areas, lifts, and sewage treatment plants in these projects.
This decision comes after considering objections and suggestions from the general public. Under the Affordable Group Housing Policy, 2013, developers are obligated to provide certain services free of cost as per the Haryana Development and Regulation of Urban Areas Act, 1975. These services include the maintenance and upkeep of roads, open spaces, parks, public health services, along with lifts and STPs. The order made it clear that cleanliness of common areas, provision of electricity in common spaces, and the maintenance of parking spaces are the responsibility of the developer, and the expenses for these services should be borne by them. Furthermore, the order states that developers are allowed to charge allottees for power and water consumption through bills, property tax, and door-to-door garbage collection. With regards to any repairs or replacements inside a flat, such as taps, sanitary works, plumbing, or flooring, the developer can charge the allottees after the possession of the flat has been taken. However, certain costs, including the diesel cost for power backup facilities, electricity bills for lifts, and any defect liability from the allottees, will be collected from the allottees themselves, excluding any damage caused by the developer. It was also mentioned that the Interest Free Maintenance Charges (IFMS) will be collected from the allottees as prescribed under the RERA Act, 2016, or HRera Rules, 2017. Any charges decided through bilateral agreements, such as security services, may be charged as per the agreements. While this clarification brings clarity to the issue of maintenance fee in affordable housing projects, some allottees express concerns about potential disagreements that may arise due to the bilateral agreement between developers and owners. They highlight the need for security staff to be a part of the maintenance team and covered under common area maintenance. Homebuyers are requesting further clarification from the department regarding when the order will be applicable, whether it will be at the time of handover or during the clarification process. Overall, this clarification from the DTCP has resolved the ongoing debate and brought relief to allottees of affordable housing projects in Gurgaon. It ensures that developers cannot charge maintenance fees for certain services and establishes a clear framework for the responsibilities of both developers and allottees in these projects.
