Thursday, July 9, 2015

Traditional house of Kerala

Traditional house of Kerala



A traditional courtyard house in a village in Kerala is known as “Puthupparambil”. It has very compacted rooms whose walls are painted with lime. Jack wood is used in the ceiling and doors which are just the right height to let people walk underneath. There is an open courtyard in the centre measuring ten by ten feet. Air, light and rain can enter the house through this. A hanging cot or thookukattil in the open living area is there for any Visitor to rock in them and even to mediate. It imparts a homely feeling.

The form of a house depends upon parameters like scale, climate and so on along with other elements like technology, colour and materials. A building is commonly designed on the basis of two fundamental design parameters like function and form. Function talks about the usefulness of the building, whereas Form means the way it appears.

One of the rules is to select the correct form for the house for which one of the parameters is scale. This is described as the dimensional relationship of the human body with the space and things it comes in touch with. It is a tool of ideas used by Architects and Designers in designing the building and other kind of built spaces. 

A house and its inner space look more intimidating and less intimate with a higher scale and more humane, when the space are scaled down from being big to the optimum level. This factor has an important part to play in giving character to any space. A living room may look like a hotel lobby and a bedroom a dormitory when the scale is not right. 

Houses need to be humanised by bringing the functionality of the house down as much as possible and this is one of the chief rules followed by Ancient Master Designers. All that is avoidable should be discarded.

A house becomes part of its surroundings fully.  The entire property occupied by the house forms the house or true habitat. That is the most humanised kind of house.  The physical form of our living spaces has a lot to do with the climate such as a typical village life in India. A Villager’s house is a part of the Environment used for his everyday life. The property may also have a well, a cowshed, a front side and back yard. In the front yard will be platform built for guests. Vegetables will be grown, dishes washed and grains dried in the side and rear yard.

Besides, the principles used in planning the buildings and the materials used for building are also important in humanising our houses. The use of heat retaining materials like concrete and glass if reduced, and use of natural material like bricks, wood and terracotta if increased, will serve to make our houses more humane.

As our nation is going through an energy crisis, it is important to reduce energy consumption brought about through artificial air conditioning and lighting systems. It can be done by joining the rooms with internal courtyards and gardens and outer open space. With Indian’s tropical climate, one can make the best use of a planning style known as open architecture. The rooms should be planned in such a way that they are well lit and airy.

Materials that are available locally are cheaper than glass and aluminum imported from Belgium and Australia.

Our living spaces should be humanized to the greatest extent possible.  This helps in integrating ourselves mentally and physically with our environment.

The use of glass in your house can trap heat inside the house on account of the “Green House Effect’. Using eco-friendly materials gives a feeling of physical and mental well being. Colours of the house should not be chosen arbitrarily as they affect one’s moods. They should spend sufficient time with their Architect, to explain the kind of house that they want. Use art to make you relate better to your home as you can be passionate about it. For humanising your house the architecture has to be done with heart.


Wednesday, July 8, 2015

BUILDING BLOCKS FOR YOUR HOMES




India is a vast country, having a population of more than 1000 million. Many are without owned shelter. After independence, the successive governments addressed this problem with various government-sponsored programmes. They are targeted at poorest of poor, and houses with barest facilities were provided.
The problem was too gargantuan to be met with government alone. The government of India established National Housing Bank, under the supervision of Reserve Bank of India. 

Scheduled commercial banks, co-operative banks, were also directed to lend for purchase / construction of houses. In the beginning 1.5% of incremental deposits of commercial banks during 1988 was earmarked for housing finance sector, which was enhanced to 3% during the year 1999 and subsequent years. The banks were given freedom to exceed this stipulation depending upon their resources. The slow down of economy, slump in the demand for loans from corporate sector goaded banks to aggressively market housing loans. In the course of the time, banks have overtaken the housing finance companies in market share. The easy availability of finance, the tax benefits extended by the union government and increased earning / spending capacity of middle class, mostly wage earners have fuelled the growth of this important sector.

Change of Mindset

Owning a house, previously was the last priority, mostly at the time of retirement from out of terminal benefits savings as one could rarely find the means of financing the purchase / construction. This mindset has changed. The youngsters in early twenties are earning substantial salaries, with increased spending capacity. They prefer to own houses out of borrowed funds, which is repaid over a period of time. This helps them to avail of lower interest rates and also tax benefits for longer period.

Eligibility

The repaying capacity is the single determining factor. There must be regular monthly income, with enough surplus to meet the monthly repayments. The maximum age limit is 55 years, which may be extended to 60 years in deserving special cases. If the applicant is more than 50 years, any of the legal heirs may have to join as co-borrowers. Salaried person should have a confirmed job, with at least minimum five years of balance service. The professionals like Advocates, Doctors, Engineers, Chartered Accountants, Company Secretaries etc, should have established income of at least three years. Retired persons pensioners are generally not entertained to avail of Housing Finance. Further rental income can be added for eligibility of increased loan.

Legal Scrutiny Report and Valuation

It is very important to have legally established ownership of the property to avail of the Housing Finance. The applicant should have all the documents to establish his title to the property. He should verify the documents available with him/or with the seller and perfect the title to the property. Financing Institutions will rely on the legal scrutiny report of their advocates on panel. In view of the severe competition in the field, many institutions are ignoring the importance of the legal scrutiny, and title to the property, and are giving much importance to the repayment capacity 

Apart from perfect title to the property, the valuation of the property is also very important, based on which the loan component will be determined. The banks have approved valuers on their panel, who will value the property and arrive at the market value.

Loan Amount

Many institutions have a maximum ceiling of one crore-per party. The loan depends upon the cost of construction, land, purchase cost, stamp duty, registration charges, legal charges and also other additional expenses. The borrowers may have to bring is 10 to 15% of the cost as margin money. There are institutions, which finance full cost without insisting on margin money. In addition to these parameters, the income of the applicant, repaying, capacity of all the borrowers are being considered Maximum amount that an individual may require is 10-15 lakhs, for a good house, which is within the reach of average wage earner.

Repayment Schedule

The loan is to be repaid in monthly instalments comprising interest and principle called equated monthly instalments (EMI). The amount of repayment remains the same during the entire tenor of the loan.

In case of construction, the loan amount is disbursed in instalments depending upon the progress of construction. The regular repayment commences after the completion of construction or after the expiry of certain stipulated time. Interest for intervening period, from the date of loan to the commencement of equated monthly instalment is called pre-EMI. This has to be paid quarterly or monthly.
Though the repayments offered vary upto a maximum of 20 years, it is preferable to avail of the period of 10-15 years, considering the interest rates, tax benefits and repayment capacity. The repayment period of 5 years attract heavy monthly instalments, which prove to be burden; in repayment beyond 15 years, one has to pay heavy interest. There are institutions, which offer repayment period beyond 20 years also.

Certain banks have special schemes, under which any surplus amount available may be paid though in excess of equated monthly instalment with facility to with draw such amount in case of necessity. The account operates like a current/over draft account. This would be useful for business people. Such schemes are called Home Loan Saving Schemes, where by paying off the loan earlier substantial amount of interest is saved.

Recently, the repayment has become flexible to suit the borrowers. Step up payment is useful to young borrowers, where EMI in the beginning is small, which increases as the income of the borrower grows. Step down payment is useful for aged borrowers, where EMI will be more during the beginning and goes on reducing as the income diminishes.

Interest

At present interest rates are very low the loans are available at 7.25% but there are signs of interest rates hardening. There are two different types of interest rates floating and fixed.

Floating Rate

Here the rates are not constant, but keep changing. There are linked to market condition. They may increase or decrease. The present floating rates has reached the bottom and there may not be further reduction. The lending institutions are very reluctant to pass on the benefits of reduced interest rates to borrowers. They adopt different strategy to keep the borrowers paying higher rates. In most of the case the old borrowers pay higher rate than a new borrower for a similar loan.

Fixed rate

This is supposed to remain fixed through the tenor of the loan. Fixed rates are higher than floating rates but many banks/housing finance companies have “Force Majeure” clause in their agreement, which gives absolute powers to change the fixed rates.

In general, the fixed rates for loans of long tenor, floating rates for loans of short tenor may be preferred. 

Many offer a combination of both fixed and floating, where some percentage is charged as fixed or balance as floating.

Reducing Balances

Reducing balance means the period at which the instalments collected from borrowers are credited to the loan account. In annual reducing balances the monthly instalments collected are credited to the loan account once in a year. In monthly reducing balance they are credited on a particular day of month; and in daily reducing banks, it is credited on the same day. Annual reducing balance is mostly costly, where as daily reducing is the best. Many have monthly reducing balance, and few have daily reducing balance.

Hidden Costs

There is no transparency in Housing Finance sector. Apart from interest the borrower has to pay processing charges legal fee, but many other types of fees, such as administration fee, inspection fee, etc. Further the rates at which these are charged are also not clear. In such cases, though the interest rates are low, the hidden costs increase the burden. As stated earlier, interaction with borrowers would help.

Switch over

The borrowers have an option of switching from floating / fixed to other mode on payment of certain penalty. Generally it is 1% on the outstanding loan amount. But recently, the financing institutions have increased fee for switching over. While switching over, consider the penalty payable, the loan balance, the rate of interest available and the balance repayment period. If the balance repayment period if short it is not advisable to switch over.

Transfer of Loans

The borrowers may also transfer the loan to other institutions, which take over the loans. Many borrowers transfer the loans to avail the reduced interest rates available. The interest rates during 1990-2000 were very high. In case of transfer of loan, the borrower has to pay some prescribed fee calculated on the outstanding loan. Apart from such fees, the institution, which takes over the loan, charges processing fee, legal charges etc. They may offer some additional loan also. But avail of such additional loan only in case of absolute need. While transferring the loan apart from interest rate, calculate the transfer fee, processing / legal fee, and mode of reducing balance adopted by the institution, which takes over the loan and hidden costs. If the balance repayment period is small, transfer is not recommended.

Tax Benefits

Home loan borrowers have two types of income tax benefits:
1. Rebate on repayment of principal and stamp duty and registration charges.
2. Deduction of Interest
The Stamp duty and registration charges paid and repayment of principal is eligible of rebate on a maximum amount of Rs. 20,000/- within a over all limit of Rs. 70,000 under section 88 of income tax act 1961.

The interest paid in a financial year on housing loan is allowed as deduction under section 24 of the income tax act 1961. The maximum interest allowed at deduction at present is 1.5 lakhs in case of self-occupied house. This is per individual. If there are more than one borrower, with definite shares in property, each may avail of this deduction, subject to his share, with a maximum ceiling of 1.50 lakhs. There is no such ceiling in case of properties, which are let out. Any amount of interest paid on the loan is allowed as deduction, and the income from the property by way of rent is taxable.

Insurance

Apart from insurance of property, against fire, riot, civil commotion, many insurance companies offer term policies on payment of single premium. These term policies cover risk for certain period and repays the loan in case of any lose of life of borrower.

Selection of Financier

Housing finance is most easily available credit product. All the commercial schedule banks, co-operative banks, extend finance for purchase / construction of houses. In addition there are housing finance companies specialised in this line. Many of these institutions are concentrated in metro and urban centres. There is severe competition. In general the rates of interest in housing finance companies are slightly higher than banks. Though there is intense competition, there is no transparency in Housing Finance industry. It is better to interact with borrowers of different lending institutions and select the best. If one is a regular customer of any bank, it would be better to borrow from such bank.

While selecting the Financing Institutions, examine the rate of interest, charges for shifting, hidden charges, transparency, and accessibility to the financing institutions. Many institutions operate through direct selling agents, and the borrowers will rarely have a chance to interact with the officials of the institutions. Further there is very little of select between any two institutions.

Tuesday, July 7, 2015

Beauty at Sites


Beauty in Bangalore is no longer skin deep. Nor it is in the eye of the beholder. It is not connected with the skin at all – it is the land. The depth spans one or two cellar floors and several floors above the ground. The beholder is the real estate fraternity.

House sites in Bangalore have turned beautiful during the past decade or so. People are now used to read the site Advertisements with the adjective ‘beautiful’. The site has become a beautiful sight for many.

Small sites appear to be most beautiful for some since the price is still below the double-digit lakh.

Brides in matrimonial Advertisements may not claim themselves to be beautiful, but the site their parents can part with could be the real beauty depending upon its location and size. In this context, large sites are more beautiful.

Let us ponder a little. What are the features, which contribute to make a site beautiful? The terrain, location, jurisdiction are but a few of many features.

Terrain seems to matter little. Even a deep ravine is OK, as it does not require much digging for cellar. Soft soil on an ex-tank bed can also be accepted since the excavation is easy.

Location holds the real key to beauty. Sites closer to business centres are the most beautiful. Next in rank are the sites of prestigious roads. Other factor is the distance from City Market, M.G. Road, Vidhana Soudha and Majestic. These distances are mentioned depending upon the geographical location of the site. Fewer Kilometers would contribute to more beauty.

Sites located within Corporation limits command the highest level of beauty followed by BDA, Sanitary Boards, Gramathana, Attibele, Hosur and the Wilderness. Sites where only electricity and transport are within easy reach are not so beautiful right at the moment, but can blossom into real beauties in the next decade.

Corner sites are a class by themselves. These are the beauty queens. These are, by precedence, amenable for violation of all building codes.

Ex-manure pits and cow dung heaps are also becoming beautiful. Today these exude a sweet fragrance of currency.

There are no ugly sites in and around Bangalore. There are some ugly sights over, which real estate fraternity has no control.

For More Information:


Monday, July 6, 2015

Bangalore Metropolitan Region Development Authority




People are aware of the existence of BDA because of its allotment of sites, but not aware of BMRDA, which is an equally important institution which has powers to approve layout building plans.  BMRDA is formed under BMRDA Act to provide for the establishment of an authority for the purpose of planning, co-ordinating and supervising the proper and orderly development of the areas within the Bangalore Metropolitan Region and to provide for matters connected therewith.

Powers and Functions of BMRDA:

1. To carry out a survey of the Bangalore Metropolitan Region and prepare reports on the surveys so carried out.
2. To prepare a structure plan for the development of the Bangalore Metropolitan Region.
3. To cause to be carried out such works as are contemplated in the structure plan.
4. To formulate as many schemes as are necessary for implementing the structure plan of the Bangalore Metropolitan Region.
5. To secure and co-ordinate execute of the town planning scheme and the development of the Bangalore Metropolitan Region in accordance with the said schemes.
6. To raise finance for any project or scheme for the development of the Bangalore Metropolitan Region and to extend assistance to the local authorities in the Region for the execution of such project or scheme.
7. To do such other acts and things as may be entrusted by the Government or as may be necessary for, or incidental or conducive to, any matters which are necessary for furtherance of the objects for which the Authority is constituted.
8. To entrust to any local authority the work of execution of any development plan or town planning scheme.
9. To Co-ordinate the activities of the Bangalore Development Authority, the Corporation of the city of Bangalore, the Bangalore Water Supply and Sewerage Board, the Karnataka Slum Clearance Board, the Karnataka Electricity Board, the Karnataka Industrial Areas Development Board, the Karnataka State Road Transport Corporation and such other bodies as are connected with development activities in the Bangalore Metropolitan Region.

Permissions Required for development activities:

1. Notwithstanding anything contained in any law for the time being in force, except with the previous permission of the Authority, no authority or person shall undertake any development within the Bangalore Metropolitan Region of the types as the Authority may from time to time specify, by notification published in the official Gazette.
2. No local authority shall grant permission for any development referred to in sub-section(1), within the Bangalore Metropolitan Region, unless the Authority has granted permission for such development.
3. Any authority or person desiring to undertake development referred to in sub-section (1) shall apply in writing to the Authority for permission to undertake such development.
4. The authority shall, after making such inquiry as it deems necessary grant such permission without any conditions or with such conditions as it may deem fir to impose or refuse to grant such permission.
5. Any authority or person aggrieved by the decision of the Authority under sub-section (4) may, within thirty days form the date of the decision appeal against such decision to the State Government, whose decision thereon shall be final: Provided that, where the aggrieved authority submitting such appeal is under the administrative control of the central Government, the appeal shall be decided by the state government, after consultation with the Central Government.
6. In case any person or authority does anything contrary to the decision given under sub-section (4) as modified in sub-section (5) the Authority shall have power to pull down, demolish or remove any development undertaken contrary to such decision and recover the cost of such pulling down, demolition or removal from the person or authority concerned.

Generally developers will overwhelm the public with dream offers, colourful literature, attractive prices and incredible incentives. With persuasive charm they will convince that buying plot is the bargain of your lifetime, a chance not to be missed. But be on your guard, Make absolutely sure that your developer has the approval of the appropriate authorities. Unapproved Layouts could cause you problems. You could land in difficulties with the Authorities as your layout does not fulfil legal requirements of the Land Revenue Act, the Land Reforms Act, the Town and Country Planning Act and BMRDA Act. You will also be liable to pay various statutory fees and levies which have not been paid by the developer. Unauthorised layouts are often without basic amenities and do not conform to Town planning requirements. They may lack proper roads and open spaces which should be about 50% of the total area, as stipulated by the law. Such layouts will prove to be inconvenient in the long run and have little resale value.

The authorities to approve layouts are:

1. The Bangalore Metropolitan Region Development Authority (BMRDA) – for Bangalore Urban and Rural Districts and Malur Taluk of Kolar District excluding the areas covered by BDA, BIAPPA and other LPA’s.
2. The Bangalore International Airport Area Planning Authority (BIAAPA) – for its local planning area which includes the area of proposed new airport and its environs.
3. The Ramanagaram – Channapatna Urban Development Authority (RCUDA) – for Ramanagaram – Channapatna Local Planning Area.
4. Nelamangala Local Planning Authority – for Nelamangala Town & its environs.
5. Magadi Local Planning Authority – For Magadi Town & its environs.
6. Kanakapura Local Planning Authority – LPA of Kanakapura.
7. Anekal Local Planning Authority – LPA of Anekal.
8. Bangalore Mysore Infrastructure Corridor Area Planning Authority (BMICAPA).

Directions by the Authority.

1. The Authoirty, may, in order to carry out the development plans and schemes formulated under section 9 or any town planning scheme may issue direction to the Bangalore Development Authority, Bangalore Water Supply and Sewerage Board, Karnataka Power Transmission Corporation and such other bodies as are connected with developmental activities in the Bangalore Metropolitan Region. The directions issued by the Authority shall prevail over any directions issued by the Bangalore Development Authority under section 53 of the Bangalore Development Authority Act 1976 (Karnataka Act 12 of 1976).
2. Notwithstanding anything contained in any other law for the time being in force, every such direction shall be complied with by the body to whom it is issued. On failure, it shall be competent for the Authority to take necessary action to carry out the directions issued under sub-section (1) and recover expenses, if any, incurred therefor from the body concerned.
3. Any dispute which arises between the Authority and the Boards or other bodies referred to in sub-section (1) in respect of the directions issued to them shall be determined by the State Government whose decision shall be final.

Penalty for breach of the provisions of the Act.

Whoever contravenes any of the Provisions of this Act or of any rule, regulation, or byelaw or scheme made or sanctioned thereunder shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both and in the case of continuing contravention, with additional imprisonment for a term which may extend to one month  or with fine which may extend to five hundred rupees or with both for each day after the first during which the contravention continues.

Offences by companies:

1. if the person committing an offence under this Act is a company, every person who at the time the offence was committed was in charge of and responsible to the company for the conduct of its business as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
2. Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be liable to be proceeded against and punished accordingly.

Act to over-ride other laws:

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

The area covered under BMRDA is very vast but suffers from acute shortage of staff and other infrastructure, which results in abnormal delay in approvals.


Saturday, July 4, 2015

BDA RE-INTRODUCES LEASE-CUM-SALE METHOD




Bangalore Development Authority Allotment of Site Rules 1984 has been amended and the Government of Karnataka has brought back the Lease-cum-Sale method.  Though Lease-cum-Sale method was in vogue for many years, the relevant rule (Rule No.7) was omitted by Notification No.UDD/411/MNJ/2000(P), dated 23-10-2000. But, the Government of Karnataka by its Notification No.UDD/59/MNJ/2005, dated 27-4-2005 has reintroduced the Rule No.7 with effect from 27-4-2005.

CITB  AND  BDA:

Many cities across the world have development authorities.  They are the Planning authorities also. They control and regularize orderly growth of cities.  Earlier, Bangalore had City Improvement Trust Board (CITB) which was replaced by Bangalore Development Authority (BDA) from 8-3-1976 by a separate Act “Bangalore Development Authority Act 1976(Karnataka Act 12 of 1976)”.

The objective of the Act is for development of Bangalore and areas adjacent thereto.  One of the major functions of BDA is to acquire land around Bangalore, form Layout and allot sites to the applicants.

What is Lease-cum-Sale:

Allotment of sites by BDA is not a commercial venture, but purely to serve the social cause of providing a shelter to the needy.  The Authority has to ensure that its purpose is not defeated by land grabbers, middlemen concerning the allotment.

Bangalore Development Authority (Allotment of Sites) Rules 1984 provides that any one or any member of whose family owns a site or an house or has been allotted a site or house by BDA or a Co-operative Society registered under Karnataka Co-operative Societies Act 1969 or any other authority within Bangalore Metropolitan Area is not eligible to apply for sites from BDA. This is to ensure that only persons, who do not own site or house in Bangalore Metropolitan Area, are provided with sites at affordable price much less than market value.

Lease-cum-Sale method further ensures that the allottees do not misuse the site and sell it to make a fast buck. The allottee will not get absolute ownership of the site. He will enter into lease-cum-sale agreement with the BDA and for certain period, he will be only a lessee of the BDA and does not have authority to sell the property.  Further, he has to construct a house as per the approved plan in the allotted site within specified period. Only after lapse of lease period and on fulfilling the conditions like construction of house, BDA will execute Absolute Sale Deed in favour of allottee. However, the user is entitled to avail Housing Finance for  the purpose of construction of house building.

As stated earlier, this method was omitted from 23-10-2000 and BDA was executing the absolute sale deed to the allottee immediately after the full payment made. This has reduced the work load procedure wrangles at BDA office and the allottee has an asset to fall back in case of necessity and emergency.

Misuse:

The abolition of Lease-cum-sale which was done to help the public was misused.  Though the Site Allotment Rules prohibits any one who owns a site or a house from applying for allotment, many landlords, middlemen, and real estateagents started applying for sites through proxy candidates or on their own name suppressing the facts.  There are many poor people, slum-dwellers who sign the applications for some money.  As soon as the allotment was done, the sites were sold at the prevailing market price making huge profits.  This is in a way contributed to price spiral apart from defeating the very purpose and social cause.

Reintroduction:

To avoid this blatant misuse of BDA sites, lease-cum-sale was reintroduced by Government Notification dated 27-4-2005. The reintroduced rule(Rule 7) reads as follows:

Rule No.7:  The site allotted under the rules shall be deemed to have been leased to the allottee on lease, unless the lease is determined or site is conveyed in the name of the allottee in accordance with these rules. During the period of lease, the allottee shall pay to the authority before commencement of each year, rent at the rate of Rupees Five per annum, where the area of the site does not exceed two hundred square meters,  Rupees ten per annum where the area of the site exceeds  two hundred square meters, but does not exceed five hundred square meters,  and Rupees Twenty per annum, where the area of the site exceeds five hundred square meters.

Procedure:

The procedure is as follows:

After the payment of the value of site, the Authority invites the allottee to execute Lease-cum-sale deed in the prescribed form within 60 days which will be registered in the registrar office.

The allottee will be put in possession of the site. The lease-cum-sale agreement contains various conditions like restriction or alienation of property, time-limit to construct house,ground rent payable.

The allottee shall construct a building as per the plans approved by the authority within a period of five years from the date of agreement.  The authority may extend this period at the request of the allottee.  If the allottee fails to complete the construction of house within five years or permitted period, the lease will be cancelled. The Authority forfeits twelve and half percent of the value of the site paid and refunds the balance amount to the allottee.

After the expiry of ten years of agreed lease period, the authority calls upon the allottee to get the absolute sale deed executed and registered provided that the lease has not been cancelled earlier.

Though absolute legal title has not passed to the allottee during the lease period, he shall pay taxes, fees, cess payable on site or building.

Restrictions, conditions on sale of sites:

The allotted site cannot be sold within a period of TEN years from the date of possession.  However, the site may be mortgaged in favour of Central/State Governments, Financial institutions to secure loan for construction of building.  If the site is sold within a lease period of ten years, the authority after due notice may cancel the allotment, resume the site and forfeit the amounts paid.

Surrender of site:

If the allottee opts to surrender the site during the lease period for reasons beyond his control like insolvency etc., the authority with the previous approval of the Government, will compensate the allottees as follows:

a)            In case of surrender of vacant site without building, the authority shall pay value of site paid by the allottee together with interest at the rate of 12% per annum.

b)           If the building is constructed on the site, the authority shall permit the allottee to sell the property provided he pays interest at 12% per annum to the authority on the value of the site paid.

Implications:
The revised procedure would curb commercial marketing of the site immediately after allotment and also partly controls the price spiral.  But, in case of absolute necessities and emergencies, the allottee will resort to alienating the property by executing Power of Attorney by which the purchaser would not get proper title.  Though the BDA rules has provisions to surrender the site, the returns are too meagre  in case of surrender of site. As the allottee has to pay interest to the BDA for permission to sell the site with building , he will look into other means.

Complication of Title:
Of course, the re-introduction of lease-cum-sale for BDA allotted sites is a right thing for the genuine end users.  However, looking at the modus operandi of the allottees, they will try to sell the properties by way of GPA/Agreements/ Affidavits/Undertaking etc., which will lead to complication of title.

For More Information:



Friday, July 3, 2015

Bengaluru Real Estate Doing Well In a Weak Market



The Bengaluru property market is doing well, in an otherwise weak real estate market across the country which is seeing prolonged slowdown, JLL India told NDTV. "In terms of residential markets there is hardly any improvement. For a prolonged period we have seen slow sales and things are not improving soon because of monsoon quarter which is typically a weaker quarter," Ashutosh Limaye, head of research and real estate service, JLL India said.

So what makes Bengaluru different from the rest of the residential propertymarkets?

JLL says it is because the Bengaluru real estate market is a more end-user focused one. "Amongst cities, Bangalore is doing fairly good, the city which is more mature, more dependent on end-users rather than investors or speculators," Mr Limaye said.


According to JLL India, during the first quarter of 2015 (calendar year), two significant market movements have been observed in Bengaluru's real estate market - an increase in new launches as well as a rise in the net absorption of units. While 13,400 units were newly launched in the first quarter of 2015, the corresponding figure stood at 11,170 units in 2014.

Bengaluru also saw a net absorption rate of 8,310 units in the first quarter of 2015 compared to 7,210 units observed in the corresponding quarter of 2014, which is an increase of 15 per cent in total sales year-on-year.


In fact, JLL says markets similar to Bengaluru are also faring better compared to cities likes Mumbai and Delhi.


"Chennai, Pune, Bangalore which service more to end-users than investors are doing lot better than cities like Mumbai, Delhi which have a very significant investor population."

Investors are not taking fresh calls in cities like Mumbai and Delhi because either they are locked in properties that they have invested in which have not yielded good appreciation or returns or they have no fresh capital to put in real estate because the situation is not conducive, JLL said.

Inventory Levels

Commenting on the overall state of the real estate market, Mr Limaye said inventory levels of property developers continue to be more or less static. Developers have lowered the number of new launches and are concentrating on completing the existing work to reduce the inventory level, it said.


Buyers prefer to put their money in projects which are close to completion, Mr Limaye said.

Commercial Real Estate


The commercial real estate market is doing very well and leasing volumes have improved, JLL said. JLL India's forecast is that more than 30 million square feet will be leased in this calendar year itself.


"And all cities are doing well Bangalore, Mumbai, Delhi, all of them have seen improved transaction volumes and rents are also picking up once again," Mr Limaye said.

The behaviour of commercial and the residential property markets are inter-linked, the company said. "Usually we see a 9-12 months of timeframe lag so when we see more office space leasing that tells us that businesses are growing, more hiring will take place and for effect to get stabilised and get converted into purchases we usually see a 9-12 month window."

JLL India expects the residential segment to see an uptick early next year with "much bigger activity" compared to now.


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