HOME
ABOUT US
PROJECTS
REAL ESTATE
BLOG

OUR STORY

CSR

COMPLETED

ONGOING

UPCOMING

FAQs

CAREERS

Team Taurus Logo

West Bengal Housing Industry Regulatory Authority

Goals of WBRERA

Promotion of housing Sector and to ensure sale of plot, apartment or building, as the case may be, or sale of real estate project, in an efficient and transparent manner and to protect the interest of consumers in the real estate sector and to establish a mechanism for speedy dispute redressal and for matters connected therewith or incidental thereto.

DEFINITIONS: (Sec. 2 of the WBRERA Act, 2017)

ADVERTISEMENT: means any document described or issued as advertisement through any medium and includes any notice, circular or other documents or publicity in any form, informing persons about a real estate project, or offering for sale of plot, building or apartment or inviting persons to purchase in any manner such plot, building or apartment or to make advances or deposits for such purposes;


CARPET AREA: means the net usable floor area of an apartment, excluding the area covered by the external walls, areas under services shafts, exclusive balcony or verandah area and exclusive open terrace area, but includes the area covered by the internal partition walls of the apartment.

Explanation– For the purpose of this clause, the expression “exclusive balcony or verandah area” means the area of the balcony or verandah, as the case may be, which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee, and “exclusive open terrace area” means the area of open terrace which is appurtenant to the net usable floor area of an apartment, meant for the exclusive use of the allottee;

COMMON AREA: mean –

  1. The entire land for the real estate project or where the project is developed in phases and registration under this Act is sought for a phase, entire land for that buildings;
  2. The staircases, lifts, staircase and lift lobbies, fire escapes and common entrances and exits of the buildings;
  3. The common basements, terraces, parks, play areas, open parking area and common storage spaces;
  4. The premises for the lodging of persons employed for the management of the property including accommodation for watch and ward staffs or for the lodging of community service personnel;
  5. Installations of central services such as electricity, gas, water and sanitation, air-conditioning and incinerating, system for water conservation and renewable energy;
  6. The water tanks, sumps, motors, fans, compressors, ducts and all apparatus connected with installations for common use;
  7. All community and commercial facilities as provided in the real estate project;
  8. All other portion of the project necessary or convenient for its maintenance, safety, etc. and in common use;

COMPLETION CERTIFICATE: means the completion certificate, or such other certificates, by whatever name called, issued by the competent authority certifying that the real estate project has been developed according to the sanction plan, layout plan and specifications, as approved by the competent authority under the local laws;

COMMENCEMENT NOTICE: means the commencement notice or the building permit or the construction permit, by whatever name called issued by the competent authority to allow or permit the promoter to begin development works on an immovable property, as per the sanctioned plan;

GARAGE: means garage and parking space as sanctioned by the Competent Authority;

COMPENSATION & PENALTY: Compensation is an amount adjudged by the adjudicating officer in case of a complaint filed by an Allottee/Purchaser. The amount has to be paid to the Allottee/Purchaser. Penalty is an amount decided by the WBRERA Authority or Appellate Tribunal in case of violation of any of the provisions of the Act, Rules or regulation under WBRERA. This amount is to be paid to the Authority or Tribunal.

RESPONSIBILITY OF ALLOTTEES AS PER WBRERA :

  1. Every Allottee, who has entered into an agreement for Sale to take an apartment, plot or Building as the case may be, shall be responsible to make necessary payments in the manner and within the time as specified in the Said Agreement for Sale.
  2. The Allottee shall be liable to pay interest, at such rate as may be prescribed, for any delay in payment towards any amount or charges to be paid.
  3. Every allottee shall participate towards the formation of an association or society or corporate society of the allottees, or a federation of the same.
  4. Every allottee shall take physical possession as per Agreement for Sale.
  5. Every allottee shall participate towards registration of the Deed of Conveyances of the apartment, plot or building, as the case may be.

RIGHTS AND DUTIES OF ALLOTTEES AS PER WBRERA: (Sec.19 of the WBRERA Act, 2017)

  1. The Allottee shall be entitled to obtain the information relating to sanctioned plans, layout plans along with the Specifications, approved by the competent authority and such other information as provided in this WBRERA Act or the Rules and regulations made thereunder or the Agreement for sale signed with the Promoter.
  2. The Allottee shall be entitled to know stage wise time schedule of completion of the Project, including the provisions for water, sanitation, electricity and other amenities and services as agreed to between the promoter and the allottee in accordance with the terms and conditions of the agreement for sale.
  3. The Allottee shall be entitled to claim the possession of apartment, plot or building, as the case may be, and the association of allottees shall be entitled to claim the possession of the common areas, as per the declaration given by the promoter before the WBRERA Authority.
  4. The Allottee shall be entitled to claim the refund of amount paid along with interest at such rate as may be prescribed and compensation in the manner as  provided under the WBRERA Act, from the promoter, if the promoter fails to comply or is unable to give possession of the apartment, plot or building, as the case may be, in accordance with the terms of agreement for sale or due to discontinuance of his business as a developer on account of suspension or revocation of his registration under the provisions of this WBRERA Act or the rules or regulations made thereunder.
  5. The Allottee shall be entitled to have the necessary documents and plans, including that of common areas, after handing over the physical possession of the apartment or plot or building, as the case may be, by the promoter.
  6. Every allottee, who has entered into an agreement for sale to take an apartment, plot or building as the case may be, shall be responsible to make necessary payments in the manner and within the time as specified in the said agreement for sale and shall pay at the proper time and place, the share of the registration charges, municipal taxes, water and electricity charges, maintenance charges, ground rent and other lawful charges, if any.
  7. The Allottee shall be liable to pay interest, at such rate as may be prescribed for any delay in payment towards any amount or charges to be paid as per Agreement for Sale.
  8. The obligations of the allottee as per agreement for sale and the liability towards interest for any delay payment may be reduced when mutually agreed to between the promoter and such allottee.
  9. Every allottee of the apartment, plot or building, as the case may be, shall participate towards the formation of an association or society or co-operative society of the allottees, or federation of the same.
  10. Every allottee shall take physical possession of the apartment, plot or building, as the case may be, within a period of two months of the occupancy certificate issued for the said apartment, plot or building, as the case may be.
  11.  Every allottee shall participate towards registration of the conveyance deed of the apartment, plot or building, as the case may be.