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Builders can’t collect upkeep fee in affordable housing projects Gurgaon, ET RealEstate


GURUGRAM: The ongoing debate between developers and allottees of affordable housing projects over maintenance and upkeep of common areas, lifts and sewage treatment plants has come to an end with town and country planning department (DTCP) issuing clarification in the matter.

As per the clarification issued on mandatory services in the affordable housing projects, DTCP director Amit Khatri said that the order has been issued based on objections and suggestions received from the general public.

“Under Affordable Group Housing Policy, 2013, with respect to services to be provided free-of-cost by the developer as per Haryana Development and Regulation of Urban Areas Act, 1975, include maintenance and upkeep of roads, open spaces, parks, public health services along with lifts and STPs,” the order stated.

It also specified that cost incurred upon cleanliness of the common areas, provision of electricity in common areas and maintaining parking space, expenses incurred for maintenance of the DG sets and the salaries of management staff and engineering manpower — plumbers, electricians among others — will also be borne by the developer.

“The developer can charge allottees for power and water consumption through bills, property tax and door-to-door garbage collection. They can also charge allottees for any repair carried out inside a flat — repair/ replacement of tap, sanitary works, plumbing, any damage of flooring, electrical installation etc. — done after taking possession of the flat,” order mentioned.

The diesel cost for power backup facilities and electricity bill of lifts, any defect liability on part of allottees, excluding any damage caused on account of lapse on part of developer, will be collected from the allottees.

It further clarified that the Interest Free Maintenance Charges (IFMS) will be collected from the allottees as prescribed under Rera Act, 2016 or HRera Rules, 2017. Also any charges decided through bilateral agreements i.e. facility for security services etc., may be charged as per bilateral agreements.

Meanwhile, allottees said that bilateral agreement will again lead to differences between both the parties and developers can arm twist the owners. Also security staff / guards should be part of maintenance and covered under common area maintenance. The department should clarify as to when the order will be applicable, for eg at the time of handover or while issuing of clarification, said a homebuyer.

  • Published On Feb 2, 2024 at 08:44 AM IST

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