As builders skirt compliance, TGRERA to crack the whip with enforcement wing
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Hyderabad: In a major move to strengthen regulatory framework in the real estate sector, the Telangana Real Estate Regulatory Authority (TGRERA) is set to establish its own enforcement mechanism to ensure swift compliance with its orders.
Faced with mounting delays, especially from non-compliant builders and developers, TGRERA has been given more teeth with district collectors now empowered to invoke the Revenue Recovery Act (RRA) and exercise certain civil court powers for enforcement. This marks a decisive shift from passive regulation to active enforcement, sources said.
An executive director, likely to be appointed from the revenue department in the coming days, will head the new enforcement wing.
This officer will be supported by a dedicated team tasked exclusively with executing TGRERA's orders, sources said.
"TGRERA is aligning with initiatives taken by other states such as Maharashtra, Gujarat, Haryana, Uttar Pradesh, and Tamil Nadu," TGRERA chairman N Satyanarayana told TOI on Saturday. "The Union ministry of housing and urban affairs has also laid down guidelines for such enforcement mechanisms," he said.
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Till now, the authority has depended on district collectors to implement its orders by invoking the RRA, particularly in cases where attachment of movable or immovable assets is required. However, enforcement has been slow, as collectors remain tied up with administrative responsibilities and the rollout of govt welfare schemes.
Currently, when TGRERA or its appellate tribunal passes an order, the parties concerned are given 30 to 60 days to comply.
If they fail to do so, the aggrieved party must return to the authority and file an 'execution petition', prompting the district administration to act.
TGRERA officials disclosed that 96 such execution petitions are now pending, with cases involving property handovers, penalty payments, or completion of stalled projects. In some instances, even flat buyers are required to make payments to developers as per tribunal directions.
To address these delays, the state govt has amended the Telangana Real Estate (Regulation and Development) Rules, 2017, empowering TGRERA directly with enforcement authority for recovery of dues, penalties, and enforcement of its orders.
In addition to establishing the enforcement wing, the govt has also amended TGRERA rules to streamline the recovery of interest, penalties, and compensation amounts due to buyers or developers.
Another significant change relates to the definition of 'ongoing projects'—developments where work is still in progress and occupancy or completion certificates have not been issued. Such projects, even if launched before 2017, will now fall under the regulatory purview.
Previously, the govt had considered Jan 1, 2017, as the cut-off date for 'ongoing projects' in its initial govt order, while the official rules marked May 1, 2017, as the benchmark. The new amendment ensures that all relevant projects post-TGRERA implementation in 2016 are appropriately regulated, sources added.
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