STRUCTURAL ENGINEERING FORUM OF INDIA [SEFI]

sefi_admin · Site Admin Joined: 23 Apr 2008 Posts: 70

Dear All:

With the passage of RERA and its implementation by many states ( at least 13), I think it may be worth our while to discuss this Act and its implications for the construction industry and for structural engineers in particular.

Here is  link to the Central RERA Act http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf . I am also  reproducing a small  portion of the Maharashtra Act which closely mirrors  the Central RERA ACT 2016, and which will be of direct interest to Structural Engineers.

**(b) For the purpose of amount (deposited in separate account)  to be withdrawn from time to time by the promoter from the separate account in respect of each real estate project to cover the cost of the project, the Promoter shall submit following three certificates to the scheduled bank operating the separate account: First, from the project Architect certifying the percentage of completion of construction work of each of the building / wing of the project; Second, a certificate from the Engineer for the actual cost incurred on the construction work of each of the building / wing of the project; and Third, a certificate from a practicing Chartered Accountant, for the cost incurred on construction cost and the land cost. The practicing Chartered Accountant shall also certify the proportion of the cost incurred on construction and land cost to the total estimated cost of the project.**

**If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act.**

I suggest  that we have an e-conference on this issue ASAP, preferably from May 8th to May 18th. Let me have your thoughts on this. Also pl suggest focused issues of RERA which we should deliberate upon.

best regards,

Alpa Sheth
SEFI Administrator

Posted via Email

ajay2612 · SEFI Regulars Joined: 14 Oct 2013 Posts: 27

Yes,we must discuss.

From: "sefi_admin"forum@sefindia.org
Sent:Wed, 03 May 2017 13:25:06 +0530
To: general@sefindia.org
Subject: [SEFI] URGENT!! RERA and its implications for Structural Engineers
Dear All:

SATYAPAUL · General Sponsor Joined: 18 Sep 2008 Posts: 127

i am in agreement with you.there shall be no compromise on specifications and quality.Engineers too shall be accountable for specifications and design.we must have meeting.But be sure there line of ethics shall be defined. regards sp On Wed, 03 May 2017 13:23:13 +0530 "sefi_admin" wrote > Dear All: > > > With the passage of RERA and its implementation by many states ( at least 13), I think it may be worth our while to discuss this Act and its implications for the construction industry and for structural engineers in particular. > > > Here is link to the Central RERA Act http://www.indiacode.nic.in/acts-in-pdf/2016/201616.pdf . I am also reproducing a small portion of the Maharashtra Act which closely mirrors the Central RERA ACT 2016, and which will be of direct interest to Structural Engineers. > > > **(b) For the purpose of amount (deposited in separate account) to be withdrawn from time to time by the promoter from the separate account in respect of each real estate project to cover the cost of the project, the Promoter shall submit following three certificates to the scheduled bank operating the separate account: First, from the project Architect certifying the percentage of completion of construction work of each of the building / wing of the project; Second, a certificate from the Engineer for the actual cost incurred on the construction work of each of the building / wing of the project; and Third, a certificate from a practicing Chartered Accountant, for the cost incurred on construction cost and the land cost. The practicing Chartered Accountant shall also certify the proportion of the cost incurred on construction and land cost to the total estimated cost of the project.** > > > **If within a period of five years from the date of handing over the Apartment to the Allottee, the Allottee brings to the notice of the Promoter any structural defect in the Apartment or the building in which the Apartment are situated or any defects on account of workmanship, quality or provision of service, then, wherever possible such defects shall be rectified by the Promoter at his own cost and in case it is not possible to rectify such defects, then the Allottee shall be entitled to receive from the Promoter, compensation for such defect in the manner as provided under the Act.** > > > > > I suggest that we have an e-conference on this issue ASAP, preferably from May 8th to May 18th. Let me have your thoughts on this. Also pl suggest focused issues of RERA which we should deliberate upon. > > > best regards, > > > Alpa Sheth > SEFI Administrator > > > > > --

Posted via Email

nagendra parida · SEFI Member Joined: 04 Nov 2011 Posts: 4

Most welcoming.
On Wed, 3 May 2017 at 1:24 PM, sefi_admin <forum@sefindia.org (forum@sefindia.org)> wrote:

B.V.Harsoda · Posted: Thu May 04, 2017 2:11 am Post subject:

I have already posted RERA act at below link on date:26-04-2017:-

https://www.sefindia.org/forum/viewtopic.php?p=76529

alpa_sheth · ... Joined: 26 Jan 2003 Posts: 259 Location: Mumbai

Many thanks, Er Harsoda. Yes, we all need to read it carefully and understand its import because this Act is likely to be a game-changer.

I request all to suggest clauses/topics of their interest/concern in the Act or in its rules and Regulations.

regards,
Alpa

suraj

Real Estate Regulatory Authority Act 2016 now in effect from May1, 2016 within India/Bharat Jurisdiction except state of Jammu & Kashmir

Certain Professional Engineering Observations from quality point of view

Section 2(u)

(Definition of Engineer)-(Herein Engineer means Civil Engineer)

‘Engineer’ means aperson, who possesses a Bachelor degree or equivalent from an institution, recognized by All India Council of Technical Education or any University or any Institution recognized, under a law or is registered, as an ‘engineer’ under any law for time being in force

Section 4(1) L(D)

(Escrow Account Provision)

That 70% of amount released for real estate project from allottees from time to time shall be deposited in a separate account to be maintained in a scheduled bank to covercost of construction & land cost & shall be used only that purpose

Provided that promoter shall withdraw amount from separate account to cover cost of project in proportion to percentage of completion of project

Provided further that amount from separate account shall be withdrawn by promoter, after it is certified by an ‘engineer’, by an ‘architect’ & a chartered accountant inpractice, that withdrawal is in proportion to percentage of completion of project

Section 19(1) Rights & duties of allottees

Comments

Though it is not specifically included as a mandate within RERA, yet customer as allottees have got a right to get independent advise & information through a self certification, an alternative authority

This advice & functional information includes a third party scrutiny over all works conducted & prosecuted by promoter, directly or through employing certain contractor,whether or not main

Allottees Association, so constituted or to be constituted may appoint an ‘engineer’ Civil to supervise all project activities on behalf of said association, who would review all submissions through report

This report shall be copied to promoter as well, for appraisal & action if applicable

This engineer shall enjoy surveillance rights overall project & over project management staff & engineering personnel

This engineer shall be authorized by association for purpose of submission of report to RERA body corporate/tribunal, during process of disputes resolutions

This engineer shall be paid by association for all activities

In no case, promoter hired engineer & architect can be entrusted by allottees for reliability, for they would not be working independently

It shall be in an interest of buyers/allottees to expend a little sum on this protective arrangement, which would stand in a way to eliminate substandard works

Chartered Engineer(India) & Professional Engineer (India) would constitute best choice forquality protective activity, including operations under RERA provisions

All schedule banks should keep in their respective considerations, when deciding to recommend Engineers for statutory purpose of certifying percentage of work achieved that Chartered Engineer (India) & Professional Engineer (India) be invited for such a significant function.

dipak_bhattacharya · ... Joined: 18 Jun 2011 Posts: 76

In case of irreparable concrete structures, compromising safety of the residents and integrity of the building, the only compensation is for the builder to find similar/alternate building for the residents.

Is it feasible?

Builder will fight tooth and nail to hush up such reports. In India, where, in every such issue, everywhere money to the appropriate authority plays wonderfully, a foolproof system has to be evolved first.

It has never been successful so far !!

Why not discuss only this issue, all other problems can be solved later.

Thanks,

Dipak Bhattacharya / Delhi.

On 3 May 2017 at 13:22, sefi_admin <forum@sefindia.org (forum@sefindia.org)> wrote:

hsrai

sefi_admin · Site Admin Joined: 23 Apr 2008 Posts: 70

Dear All:

We have deferred the econference on "RERA and its implications for Structural Engineers" from May 8th to May 15th (ending May 19) to allow everyone to read through the RERA Act and rules and regulations.

I hope all of you will find the time to peruse through the document so that the discussions may be more meaningful. We will also be announcing the moderators shortly.

best regards,
Alpa Sheth

On Wed, May 3, 2017 at 12:58 PM, SEFI Admin <admin@sefindia.org (admin@sefindia.org)> wrote: