14.09.2022: Odisha amends real estate regulation rules; builders can’t charge GST

The Odisha government has notified the Odisha Real Estate (Regulation and Development) Amendment Rules 2022.

Following the direction of Orissa High Court, the State government has amended the Odisha Real Estate (Regulation and Development) Rules, 2017, officials said on Tuesday.

As per the new rules, home buyers in the State do not need to pay GST, Cess and any other charges above the fixed price to the builders.

“The total price should include taxes paid or payable by the promoter by way of GST, Cess and such other taxes which may be levied, in connection with the construction of the project payable by the promoter up to the date of handing over the possession of the (apartment/plot) to the allottee,” read the notification issued by housing and urban development department.

However, in case there is any change or modification in the taxes, the subsequent amount payable by the allottee to the promoter will be increased or reduced based on such change or modification, it said.

As per the amendments, the promoter will have to abide by the time schedule for completing the project as disclosed at the time of registration with the authority. Any imposition or increase of development charges after the expiry of the deadline of a project will not be charged from the allottees.

Besides, the allottees will also have the right to visit the site to assess the extent of development of the project and his/her apartment or plot.

The promoters will have to assure the allottees that the project in its entirety is in accordance with the provisions of the laws, rules and regulations for the time being in force.

Similarly, the promoters will have to hand over the common areas to the association of allottees after duly obtaining the occupancy certificate from the competent authority.

The builders will also have to hand over the necessary documents and plans including common areas to the association of allottees or the competent authority within 30 days after obtaining the occupancy certificate.

Moreover, the promoter undertakes that it has no right to make additions or to put up additional structure(s) anywhere in the project after the building plan, layout plan, sanction plan and specifications, amenities and facilities has been approved by the competent authority and disclosed.

Source: Argus News

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