Does the Real Estate Regulation and Development Act (RERA) apply to disputes involving industrial units and industrial estates as well as residential projects? Due to conflicting interpretations of RERA rules by national RERA authorities, MahaRERA, and MahaRERA appeal tribunals, litigants and their attorneys are now pressing the government for clarification.
The founder and current chairman of MahaSEWA, Ramesh Prabhu, stated: "The goal of RERA is to safeguard apartment buyers' interests. According to RERA, an apartment is any construction project done for either residential or commercial usage. Industrial estates and industrial units, which include the construction of the aforementioned industrial building, fall squarely under the purview of RERA because the latter contains industrial, offices, and other ancillary services. This has been read differently by MahaRERA and the MahaRERA appellate panel, who claim that industrial units and estates are not covered by RERA.
According to a recent decision by the Tamil Nadu RERA Appellate Tribunal, all types of construction projects are considered real estate projects. Therefore, whenever such projects are represented as under-construction homes, all RERA laws are equally applicable, according to Prabhu.
"Despite the fact that the real estate project was registered with MahaRERA, the appellate tribunal and Supreme Court completely ignored this element and rejected the appeal on the grounds that industrial units are not covered by RERA," he explained.
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